Consequences of a failure to defend
作者:
GaryA. Schlessinger,
期刊:
Environmental Claims Journal
(Taylor Available online 1997)
卷期:
Volume 9,
issue 3
页码: 15-41
ISSN:1040-6026
年代: 1997
DOI:10.1080/10406029709383873
出版商: Taylor & Francis Group
数据来源: Taylor
摘要:
An insurer may face legal consequences when failing to defend an insured. For example, a failure to respond in a timely manner to a tender of defense by apolicyholdermay be an unfair claims settlement practice. This article discusses these consequences and the situations in which they may arise. Specifically, it addresses the possible remedies for breach of contract arising from a failure to defend. It then describes when, if ever, an insurer's breach affects its right to assert policy defenses to its duty to indemnify. Finally, the article discusses what, if any, policy conditions are waived by an insurer's failure to defend.
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