Failure To Defend
Forcing Insurance Companies To Fulfill Their Obligations
The attorneys at Mannion Lowe & Oksenendler, P.C. ensure insurance companies fulfill their obligation to pay covered claims, and seek compensation for our clients when their insurers fail to properly defend claims brought against them by third parties, including failure to settle and liability for excess verdicts.
To learn how we can help you handle an insurance dispute, send an email to our law office today.
The Duty To Defend
Liability protection is a major feature of insurance which can prove invaluable when you need it. Liability insurance is the primary feature of automobile insurance, but it is often included in homeowners’ policies and even condo and renters’ insurance as well. With liability protection, the insurance company agrees to defend you in the event you are sued for personal injury, property damage, or some other covered civil tort; the insurer also agrees to indemnify you, which means to settle or pay a judgment entered against you, up to the limits outlined in the policy.
The insurer may look for ways to avoid its obligation by looking for a misrepresentation in the application or some other way to cancel the policy, or by claiming that the particular lawsuit is not covered under the policy. The aggrieved policyholder may be able to sue under a number of legal theories, including breach of contract and insurance bad faith.
The duty to defend may also include a duty to settle, particularly where liability is clear or where the other party has made a reasonable settlement demand that is within policy limits. Where the insurance company refuses to accept a reasonable settlement which forces the insured to go trial, and the policyholder loses, the carrier may be liable for the judgment, including any excess verdict over and above the policy limits the carrier would normally be obligated to pay.
Learn How Our Experienced Attorneys Can Protect Your Rights
Being exposed to civil liability is stressful and frightening, and when the insurance company fails to defend you, it only drags the entire process out even longer and puts you more at risk than ever for personal financial loss. At Mannion Lowe & Oksenendler, P.C., our lawyers have over 70 years of combined experience in civil litigation, fighting insurance companies when they do not do what their own policy requires. If your insurance carrier is refusing to defend you under your policy, contact Mannion Lowe & Oksenendler, P.C. for immediate assistance. Send us an email or call 800-724-6188 today.