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Insurance

Nov. 3, 2011

An insurer’s duties to defend and to investigate

When an insured is sued and notifies its insurer, how should the insurer respond?

Kirk A. Pasich

Partner, Pasich LLP

Insurance defense litigation, entertainment

Phone: (424) 313-7850

Email: kpasich@pasichllp.com

Loyola Law School

When an insured is sued and notifies its insurer, one question to be addressed initially is: How should the insurer respond? California law is clear that an insurer must respond promptly. It must acknowledge receipt of notice within 15 days and it must begin any necessary investigation of the claim within that 15-day period. 10 Code of Regulations Section. 2695.5(e). In fact, an insurer has a duty to conduct a full investigation into the coverage possibilities before taking a cove...

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