Wednesday, April 4, 2012

Evan Granowitz on insurance coverage litigation: The insurer’s duty to defend

From Evan Granowitz



Evan Granowitz recognizes the fact that his clients face formidable challenges when it comes to insurance coverage litigation. This often includes determining what is covered under various policy provisions and what is not.

Using his in-depth knowledge and extensive experience in covering insurance coverage disputes, Atty. Granowitz helps practitioners address several critical coverage issues, including the insurers’ duty to defend.

In general, there are three separate duties that liability insurers owe to the insured. These are the duty to defend them, to settle in good faith claims against them, and to indemnify and pay coverage claims against them. As a standard liability policy requirement, insurers have to defend the insured against all actions brought against them – actions that potentially fall within coverage of the policy, as judged by their allegations.



Evan Granowitz has received
the Super Lawyers’ Rising Star
award for three conservative years,
from 2009 to 2011.”



Nonetheless, the insurers’ duty to defend is independent of the duty to pay and is also not limited to it. When liability insurers are faced with claims that are beyond policy coverage, they can either chose to seek a declaratory judgment, defend under a reservation of rights, or refuse either to defend or to seek a declaratory judgment. Whatever the case is, they must be cautious when voluntarily assuming the duty to defend, as it may result into a cause of action for dereliction.


When faced with such circumstance, it is best for insurers to seek the guidance of law experts like Evan Granowitz. Learn more about him at WolfGroupLA.com.



From Evan Granowitz

From Evan Granowitz. Photo Credit: http://Granowitz.Justice.miller-mccune.com.

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