Insurance often drives settlements in litigation. Both defense and plaintiff’s counsel need to be savvy about how claims are characterized in order to maximize available insurance coverage. Typically, the focus is on liability: Was the conduct intentional or negligent? Does the claim arise out of a contractual liability? Even if the causes of action alleged do not appear covered on their face, are facts alleged that could give rise to a covered claim?
One often overlooked area is how damages are described. This is an issue that may not be relevant to the defense of the case, where the prime concern may simply be: How much? Defense counsel may therefore overlook how damages are characterized legally. But insurance coverage can often depend on how the substantive law of the case defines recoverable damages.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
