Interpreting Policies (Insurance Bad Faith)

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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?

Relevant documents related to the claim Signup and view all the answers

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

An outright refusal to produce Signup and view all the answers

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

Claims manuals are recognized as admissible and discoverable Signup and view all the answers

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

To protect confidential information 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?

Agree to a stipulated protective order 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?

Public Relations Press Releases Signup and view all the answers

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

After an initial review of the claim Signup and view all the answers

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

Ambiguities are resolved in favor of coverage 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?

Continental Cas. Co. v. Phoenix Constr. Co. Signup and view all the answers

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

In a conspicuous, plain, and clear manner Signup and view all the answers

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

They are to be construed strictly against the insurer Signup and view all the answers

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

The mutual intent of the parties Signup and view all the answers

What does the contra proferentem rule imply in contract interpretation?

Ambiguities are interpreted in the way least favorable to the party that drafted them Signup and view all the answers

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

To protect the insured due to unequal bargaining power. Signup and view all the answers

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

Only documents specifically endorsed on the policy can be incorporated by reference. Signup and view all the answers

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

The event that must occur for the policy's protection to apply. Signup and view all the answers

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

A denial of the claim or reduction in coverage. Signup and view all the answers