Interpreting Policies (Insurance Bad Faith)
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Questions and Answers

What is a primary concern when dealing with 'Reservation of Rights' letters in insurance cases?

  • Determining the accuracy of the claimant's address
  • Ensuring timely communication with the policyholder
  • Assessing the insurer's right to deny coverage (correct)
  • Evaluating the adequacy of the policy limits

Which of the following is NOT typically included in the 'Discovery: Documents to Obtain' list for insurance cases?

  • Denial Letters
  • Underwriting File
  • Policyholder's Credit Report (correct)
  • Insurance Application and Related Documents

In the context of 'Interpreting Policies', what is a key factor for plaintiff attorneys to establish a case of insurance bad faith?

  • The speed of claims processing
  • The profitability of the insurance company
  • The clarity of communication with policyholders
  • The use of discovery to establish facts (correct)

What does a 'Physical File Jacket' typically contain in insurance discovery cases?

<p>Relevant documents related to the claim (C)</p> Signup and view all the answers

When attempting to obtain the claims manual during discovery, what issue might arise?

<p>An outright refusal to produce (A)</p> Signup and view all the answers

According to the 'Entitlement to the Claims Manual', what has the California courts recognized?

<p>Claims manuals are recognized as admissible and discoverable (C)</p> Signup and view all the answers

What is the primary purpose of a stipulated protective order in the context of discovery in insurance cases?

<p>To protect confidential information (B)</p> Signup and view all the answers

In the case of 'Outright Refusal to Produce' the claims manual, which of the following is a potential plaintiff's response?

<p>Agree to a stipulated protective order (C)</p> Signup and view all the answers

According to the training materials, which of the following is NOT typically a document to obtain during the discovery process in insurance bad faith cases?

<p>Public Relations Press Releases (C)</p> Signup and view all the answers

When are 'Reservation of Rights' letters typically issued in the insurance claim process?

<p>After an initial review of the claim (C)</p> Signup and view all the answers

What is the legal principle applied when an ambiguity exists in an insurance policy?

<p>Ambiguities are resolved in favor of coverage (B)</p> Signup and view all the answers

Which court case is cited as a precedent for the principle that ambiguities in insurance policies are resolved against the insurer in favor of coverage?

<p>Continental Cas. Co. v. Phoenix Constr. Co. (B)</p> Signup and view all the answers

How must insurance policy exclusions be presented in order to be enforceable?

<p>In a conspicuous, plain, and clear manner (C)</p> Signup and view all the answers

What is the general rule for the interpretation of exclusionary provisions in insurance policies?

<p>They are to be construed strictly against the insurer (C)</p> Signup and view all the answers

According to the training video, what is the basis of contract interpretation in insurance policies?

<p>The mutual intent of the parties (C)</p> Signup and view all the answers

What does the contra proferentem rule imply in contract interpretation?

<p>Ambiguities are interpreted in the way least favorable to the party that drafted them (C)</p> Signup and view all the answers

What is the main reason for the principle that ambiguities in insurance policies are resolved against the insurer?

<p>To protect the insured due to unequal bargaining power. (D)</p> Signup and view all the answers

Which of the following is true regarding the incorporation of other documents into an insurance policy?

<p>Only documents specifically endorsed on the policy can be incorporated by reference. (C)</p> Signup and view all the answers

In the context of claims made and occurrence policies, what is a 'trigger of coverage'?

<p>The event that must occur for the policy's protection to apply. (B)</p> Signup and view all the answers

What does 'Late Reporting' in claims made and occurrence policies usually lead to?

<p>A denial of the claim or reduction in coverage. (C)</p> Signup and view all the answers

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