July 27, 2011 Articles

Insurers' Duty to Settle in the Context of a Continuous-Trigger Case

What is the scope of the insurers’ duty to settle in a case involving a continuous trigger of coverage? Is it pro rata, as the carriers would argue, or is it joint and several, which the insureds would assert?

By Kenneth Anspach – July 27, 2011

What is the scope of the insurers’ duty to settle in a case involving a continuous trigger of coverage? Is it pro rata, as the carriers would argue, or is it joint and several, which the insureds would assert? Further, what is the impact of the insurer having a fairly debatable defense to coverage based upon an honest belief that its coverage has not been triggered?


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