From Sea to Shining Sea: Insurance Coverage Litigation Across the 50 States

Grasp the big picture and drill down to specifics with our expanding collection of state law surveys that address key insurance coverage litigation topics. These comprehensive charts link to and analyze relevant case law, statutes, and regulations across jurisdictions, and address the duty to defend, choice of law, defense costs, punitive damages, and the right to independent counsel.

• Choice of Law for Coverage Disputes State Law Survey
  Determine which state law applies to the interpretation of an insurance policy with a survey that highlights the choice of law regime in each state.
• Insurer Duty-to-Defend State Law Survey
  Consider the wide disparity among the states as to whether the duty-to-defend analysis is limited to the four corners of a complaint or may include extrinsic evidence with this survey that analyzes the relevant rule in each jurisdiction.
• Insurer’s Right to Reimbursement of Defense Costs State Law Survey
  Evaluate an insurer’s right to be reimbursed for defense costs from an insured in situations where a court determines that the duty to defend did not exist. This survey addresses multiple judicial theories, including unjust enrichment and implied-in-fact contract.
• Insurance Coverage for Pre-Tender Defense Costs State Law Survey
  Scrutinize the coverage requirements in the 50 states for the costs an insured incurs before an insurer is placed on notice of a claim. This survey enables an easy comparison between pre-tender defense costs laws and the high standards insurers must satisfy when disclaiming coverage based on late notice.
• Insured’s Right to Independent Counsel State Law Survey
  Examine the insured’s right to independent counsel in situations where defense counsel is placed in a position of conflict in the tripartite insurer-attorney-insured relationship. 
• Punitive Damages Insurability State Law Survey​​
  Explore whether a particular state’s public policy permits a tortfeasor to insure against punitive damages that it may be legally obligated to pay. The survey addresses punitive damages in the context of uninsured and underinsured motorist policies, but primarily focuses on liability insurance. The State Law Comparison Tool also offers in-depth coverage of state laws on punitive damages.

Practical Guidance Updates
Featuring the latest updates in Practical Guidance.   

• COVID-19 Resource Kit: Business Response (Insurance)
• Insurance Claims Resource Kit
• Insurance Coverage Resource Kit

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