coverage contest

When a plaintiff sues a defendant in a liability dispute and the defendant/policyholder has liability insurance, the insurer and the policyholder may dispute whether the insurer will in fact cover the liability dispute. This coverage contest is governed primarily by contract law and may occupy as many as five year to resolve following resolution of the liability dispute. This coverage contest may coordinate with two additional tussles; 1) the liability dispute between the plaintiff and the defendant, which is usually governed by tort law and may occupy as many as five years to resolve; and 2) an ethical imbroglio between the policyholder/client and the insurer’s chosen dependent counsel, which is governed primarily by the Rules of Professional Conduct, and may occupy as little as 30 days to resolve.

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