The Insurer's Duty to Indemnify: What Does the Policy Actually Cover, and How Do You Prove It?
Tyler Gerking to speak at a Continuing Legal Education presented by the Insurance Section of the Bar Association of San Francisco.
The Insurer's Duty to Indemnify: What Does the Policy Actually Cover, and How Do You Prove It?
While many California practitioners are familiar with the law governing an insurer’s duty to defend, the insurer’s duty to indemnify is less well understood. Our panelists will discuss (and debate) this area of insurance law, which governs any dispute concerning insurance coverage for a settlement or judgment. If the duty to indemnify is narrower than the duty to defend, how so? Who has the burden of proof on which issues, what showing is necessary, and how can that showing be rebutted? The panel will cover the relevant case law, and also discuss how decisions made in the underlying case may impact the policyholder’s ability to recover the cost of a settlement or judgment.
