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24 Apr 2017 Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation

  Commercial general liability (CGL) insurance policies are popular in the marketplace, as they protect policyholders of every stripe from the ever-present risk of liability for bodily injury and property damage. Of at least equal importance is the insurance company’s duty to defend the policyholder, a clause for which is found in nearly every CGL policy. That is, the insurance company is obligated to supply and pay for the policyholder’s defense against lawsuits alleging such liability – at the insurance company’s sole expense outside of policy limits. In essence, the insurer’s duty to defend amounts to litigation insurance, in addition to liability insurance.   Without the resources of an insurance company to control the litigation and pay the defense bills, many policyholders would be unable…