Also known as:insurance companies · insurer · insurance carrier
Written by attorneys · grounded in primary & secondary sources — see below
A corporation or association that issues insurance policies and assumes specified risks in exchange for premiums.
Sources & Authorities
How it applies
Common Examples
6
Work-Product Protection for Insurer Files
After a car accident, plaintiff Imran Iyer sued the at-fault driver. During discovery Iyer sought notes prepared by Integrity Partners, the driver's liability insurer, while investigating the claim. The court denied the request because the materials were prepared in anticipation of litigation and Iyer failed to show substantial need.
Diversity Citizenship in Direct Action
Isabelle Inman, a State A resident, sued Infinity Bank, the liability insurer of a State A university, without joining the university. Because the suit was a direct action against the insurer, the court treated Infinity Bank as a citizen of State A and dismissed the case for lack of complete diversity.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Isaac Irving contracted to sell land to India Inoue. The contract required only insurable title. At closing a reputable title insurance company agreed to issue a policy at standard rates despite a minor unreleased lien, so the sale proceeded even though the title might not have been fully marketable.
Conflict from Joint Representation
A law firm represented both spouses and their insurer, Interlink Communications, in an uninsured-motorist claim. When the wife later sued the husband, the firm was disqualified because the insurer's interests became directly adverse and prior confidential information could not be screened.
Title Insurance Policy Issued
Imani Idowu purchased property and paid a premium to Iris Energy, a title insurance company. After closing Iris Energy discovered an undisclosed easement. The policy indemnified Imani for the resulting loss because the defect was not listed as an exception.
Punitive Damages Against Insurer
State Farm refused to settle a claim within policy limits, exposing its insured to a large verdict. The jury awarded substantial punitive damages against State Farm. The Supreme Court later reviewed whether the award was excessive under due-process standards.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Common questions
Frequently Asked
4
How does the work-product doctrine apply to documents prepared by an insurance company?+
Documents prepared by an insurer in anticipation of litigation are ordinarily protected from discovery. A party seeking them must show substantial need and undue hardship in obtaining equivalent materials by other means.
When is an insurance company deemed a citizen of the insured's state for diversity purposes?+
In a direct action against a liability insurer where the insured is not joined as a defendant, the insurer is deemed a citizen of every state of which the insured is a citizen in addition to its own states of incorporation and principal place of business.
What is the difference between marketable title and insurable title?+
Marketable title is free from reasonable doubt that a prudent purchaser would accept. Insurable title is a lesser standard satisfied when a reputable title insurance company will insure the title at standard rates.
Does a title insurance policy protect against all title defects?+
A title insurance policy indemnifies the insured only against loss from defects or liens not excepted in the policy. Coverage is defined by the policy language and applicable state law.
32 N.J. 358, 161 A.2d 69 (1960)Torts
…mechanism or workmanship or assembly were defective or improper prior to the accident. The condition was such that the collision insurance carrier, after inspection, declared the vehicle a total loss. It had 468 miles on the speedometer at the time. The insurance carrier’s inspector and appraiser of damaged cars, with 11 years of…
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