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Can An Insurer Defend A Bad Faith Claim Using Information It Was Unaware Of When Denying Coverage?

Tort Trial Insurance Committee News

January 2012
By: Alex Potente

Alex Potente of Sedgwick LLP, a co-author of "Can An Insurer Defend A Bad Faith Claim Using Information It Was Unaware Of When Denying Coverage?," discusses an insurers declination of coverage only for a court to later determine that the declination was in error.
 
From the Article:
There are times when an insurer declines coverage in either a first-or third-party context and, later a court determines that this declination was in error and that coverage existed. On some occasions under these circumstances, the policyholder asserts that the insurer did not conduct a complete investigation prior tot he declination.

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Potente, Alex E.

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San Francisco

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