Duplicitous and Overbroad Insurer Constructions of Exclusions Improperly Deprive Policyholders of Coverage Benefits
Policyholder Counsel, Corporate Counsel David Gauntlett Policyholder Counsel, Corporate Counsel David Gauntlett

Duplicitous and Overbroad Insurer Constructions of Exclusions Improperly Deprive Policyholders of Coverage Benefits

Insurers, incentivized to avoid their duty to defend policyholders in lawsuits, have sometimes embraced the idea that even one connection between a policy exclusion and a claim is enough to relieve them of that duty. While a policy may state that it does not indemnify certain alleged offenses by the insured, the insurer should not be able to deny a defense where those allegations comprise only a portion of an otherwise covered suit.

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