| Policy Construction Against Insurer |
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| Insurance policies are contracts drafted by insurers, but the terms are not always clear and unambiguous. When a dispute arises between an insured and an insurer as to the meaning of a policy, courts sometimes become involved to provide a construction of the ambiguous term, as they do with other types of contracts. Disputes usually involve which risks are included in coverage, exclusions from coverage, conditions that must be fulfilled before coverage applies, and forfeitures of the policy.More... |
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| Insurance Considerations in Mergers and Acquisitions |
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| Insurance policies may be considered significant assets of a company engaged in a merger or acquisition. Although comprehensive general liability policies often contain an anti-assignment clause, such clauses normally are narrowly construed to bar assignment of rights under insurance policies only if the assignment expands the obligations of the insurer. More... |
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| Tie-in Arrangements |
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| A "tie-in arrangement," also known as "insurance packing," in the insurance industry consists of a lender's extension of credit to a borrower on the condition that the borrower purchase certain insurance, usually from an insurer with close ties to the lender. The premium amounts for the insurance are usually added to the amount of the loan without the borrower's request or knowledge, and he may not find out about the tie-in arrangement until the lender presents the pre-prepared loan documents at the closing of the loan.More... |
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| Insurer's Duty of Good Faith and Fair Dealing in Handling Claims of Insureds and Third Parties |
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| If an insured does not think that his insurer handled his claim properly, he may have some recourse. Every contract contains an implied covenant of good faith and fair dealing that neither party will hinder the right of the other to receive the benefits of the contract. The duty imposed by this covenant applies to insurers and insureds. Some courts go so far as to hold the insurer to be a fiduciary to the insured.More... |
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| Civil Rights |
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| (Race Discrimination in Insurance Coverage)More... |
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