Commentary and analysis on the
law of insurance coverage

Category Archives: Real Party in Interest

The Real-Party-in-Interest and the Duty to Defend

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

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