Commentary and analysis on the
law of insurance coverage
The Real-Party-in-Interest and the Duty to Defend
When a plaintiff in an underlying action writes a complaint that seeks to keep the real-party-in-interest from accessing its liability insurance coverage, will the courts see through the subterfuge and require the carrier to defend the insured in the underlying action anyway? According to nationally prominent policyholder lawyer (and today’s Insurance Recovery Journal guest blogger) David A. Gauntlett, a California federal court recently did just that. Read More