Is an insurer's unconditional defense of an action brought against its insured a waiver of the terms of the policy and estoppel of the insurer to assert such grounds?
California, United States of America
The following excerpt is from Advanced Network, Inc. v. Peerless Ins. Co., 10 Cal. Daily Op. Serv. 15, 119 Cal.Rptr.3d 17, 190 Cal.App.4th 1054, 2010 Daily Journal D.A.R. 18 (Cal. App. 2011):
3 An exception to the rule is that " 'the insurer's unconditional defense of an action brought against its insured constitutes a waiver of the terms of the policy and an estoppel of the insurer to assert such grounds.' " ( Miller v. Elite Ins. Co., supra, 100 Cal.App.3d at p. 755, 161 Cal.Rptr. 322.) That is not the scenario here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
In a personal injury action brought by a trucking business, can an insured assign attorney fees as damages as damages incurred in obtaining benefits from an insurance policy that were denied as a result of bad faith? (California, United States of America)
Is a liability insurer permitted to assume and conduct a defense of an action brought against the insured on the basis of forfeiture or noncoverage? (California, United States of America)
Does a settlement with an insured silent as to any bad faith action constitute a waiver of the insured's right to sue the insurer for unfair claims practices? (California, United States of America)
How have the courts interpreted estoppel provisions in a life insurance policy where the insurer knew that the insured's representation concerning prior illnesses was false? (California, United States of America)
Is a liability insurer permitted to assume and conduct the defense of an action brought against the insured? (California, United States of America)
Does the term "additional insured automobile" in the terms "regular use" apply to an additional insured automobile policy? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state? (California, United States of America)
Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident? (California, United States of America)
