20 Questions
What is a primary concern when dealing with 'Reservation of Rights' letters in insurance cases?
Assessing the insurer's right to deny coverage
Which of the following is NOT typically included in the 'Discovery: Documents to Obtain' list for insurance cases?
Policyholder's Credit Report
In the context of 'Interpreting Policies', what is a key factor for plaintiff attorneys to establish a case of insurance bad faith?
The use of discovery to establish facts
What does a 'Physical File Jacket' typically contain in insurance discovery cases?
Relevant documents related to the claim
When attempting to obtain the claims manual during discovery, what issue might arise?
An outright refusal to produce
According to the 'Entitlement to the Claims Manual', what has the California courts recognized?
Claims manuals are recognized as admissible and discoverable
What is the primary purpose of a stipulated protective order in the context of discovery in insurance cases?
To protect confidential information
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
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
When are 'Reservation of Rights' letters typically issued in the insurance claim process?
After an initial review of the claim
What is the legal principle applied when an ambiguity exists in an insurance policy?
Ambiguities are resolved in favor of coverage
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.
How must insurance policy exclusions be presented in order to be enforceable?
In a conspicuous, plain, and clear manner
What is the general rule for the interpretation of exclusionary provisions in insurance policies?
They are to be construed strictly against the insurer
According to the training video, what is the basis of contract interpretation in insurance policies?
The mutual intent of the parties
What does the contra proferentem rule imply in contract interpretation?
Ambiguities are interpreted in the way least favorable to the party that drafted them
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.
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.
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.
What does 'Late Reporting' in claims made and occurrence policies usually lead to?
A denial of the claim or reduction in coverage.
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