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A video explaining the creation and application of the duty to defend



Watch the full video at https://youtu.be/Zys-LAUSNnoebrit19659002achte When liability insurance was first offered to the public, it was only about damages. When liability insurance was developed, concerns about defense costs matured into clauses that promised defense and damages – so-called double promise policies.

These clauses, although relatively recent, have led to the development of a significant legal interpretation of the agreements to defend. To properly investigate damages or liability for defense and damages, an adjuster must understand the history of the promise to defend and understand how it grew from the original promise to make amends.

In the main case Gray v. Zurich Ins. Co. 65 Cal.2d 263, 54 Cal. Rptr. 104 (1966), the Supreme Court of California established the basic rule followed in most jurisdictions to determine whether or not an insurer is required to defend. It found that insurers who issue police with double promises (a promise to both defend and defend) are required to defend all suits where there is a potential for which the insurer will need to pay damages.

The insured Gray was considered to have attacked and abused the plaintiff. The policy, and the California statutes, prohibited damages for an insured intentional act. Attacks and batteries are by definition intentional acts, so the insurer claimed that no defense was required.


© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims handling, improper insurance and near-insurance insurance and insurance fraud policyholder. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and attorney handling attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following libraries with books and other materials to enable insurance companies and their claims personnel to become insured.

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