Insurance companies have two primary duties under insurance policies: (1) express duties-obligations specifically stated in the insurance policy; and (2) implied duties-duties imposed by law, including the duty of good faith and fair dealing and various statutes and regulations governing insurance companies. In limited circumstances, the courts will apply the reasonable expectations doctrine in interpreting insurance policies.
Common types of business-related insurance policies include: (1) Commercial General Liability (“CGL”) Insurance; (2) Errors & Omissions Liability Insurance; and (3) Directors & Officers Liability Insurance. Insurance policies typically exclude coverage where, among other things, the insured acted intentionally – the intentional acts exclusion.
If the customer believes that the insurance company has wrongfully denied coverage for a claim brought by a third-party against the customer (a third-party claim), the insured’s options include: (1) directly sue the insurer for a declaratory judgment, breach of contract and/or bad faith, or (2) assign his claims against the insurer to the third-party claimant-a “Damron” or “Morris” agreement.
The attorneys at Berk Law Group, P.C. have broad experience handling insurance coverage, bad faith and other types of insurance matters involving a variety of insurance policies, such as automobile, disability, life, health, property, casualty, fire, title, mechanical breakdown, business and professional liability.
If need legal help and guidance from experienced, skilled Scottsdale, Arizona attorneys, contact Berk Law Group, P.C. today.
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