Written by attorneys · grounded in primary & secondary sources — see below
A party protected by an insurance policy against specified risks or losses. The term identifies the person or entity whose liability or property triggers coverage obligations owed by the insurer.
Sources & Authorities
How it applies
Common Examples
6
Direct Action Citizenship Rule
Ismael Ibrahim files suit in federal court against Guardian Casualty seeking damages for injuries sustained at an Insight Consulting worksite. He names only the insurer and omits Insight Consulting from the complaint. The court assigns Guardian the citizenship of Insight Consulting as the insured in addition to Guardian's own incorporation and principal place of business states.
Evidence of Liability Coverage
Igor Ito testifies in a negligence trial that Inertia Dynamics maintained a liability policy covering the incident. The court excludes the testimony when offered to show negligent operation but admits it to establish that Inertia Dynamics owned the vehicle involved.
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Cases
Statutes
Federal Rules
Uniform Acts
Common Law
Restatements
Dictionaries
Israel Irving purchases commercial property and obtains a title policy from Ironwood Capital. After closing, a previously undisclosed lien surfaces. Ironwood Capital must indemnify Israel Irving as the insured against loss from that lien under the policy terms.
Adjuster Fee Enforcement Barred
Ilana Isaacs, a nonlawyer adjuster, negotiates a settlement on behalf of Infinity Bank with the claimant and charges a contingent fee. The court refuses to enforce the fee agreement because Ilana Isaacs performed tasks reserved to lawyers when determining the insured's loss and negotiating the claim.
Bad Faith Punitive Award
Isla Ireland, the insured under a State Farm auto policy, sues after the insurer refuses to settle within limits. The jury awards punitive damages against State Farm for its handling of Isla Ireland's claim. The Supreme Court later reviews whether the punitive award comports with due process limits.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Work Product in Claim File
Idris Ives, the insured, seeks production of an insurer's claim investigation file prepared after an accident. The court denies discovery of materials prepared in anticipation of litigation, protecting the documents as work product even though they concern the insured's loss.
Hickman v. Taylor329 U.S. 495, 507 (1949)
Common questions
Frequently Asked
4
In a direct action against a liability insurer, whose citizenship determines the insurer's citizenship for diversity purposes?+
The insurer is deemed a citizen of every state where the insured is a citizen, in addition to the insurer's own states of incorporation and principal place of business. This rule prevents plaintiffs from manufacturing diversity by suing only the insurer.
Supporting sources
When may evidence that a party is insured be admitted at trial?+
Evidence of insurance is inadmissible to prove negligence or wrongful conduct. It may be admitted for other purposes such as proving bias, agency, ownership, or control.
Supporting sources
What protection does title insurance provide to the insured?+
Title insurance indemnifies the insured against loss from title defects or liens not excepted in the policy. The insurer typically performs a title search before issuing the policy at closing.
Supporting sources
May a nonlawyer adjuster enforce a contingent fee contract for settling an insured's claim?+
No. Activities such as determining the insured's loss and negotiating settlement constitute the practice of law. Nonlawyer adjusters cannot enforce fee contracts for performing those services.
Supporting sources
384 U.S. 436 (1966)Evidence
…during brief, daytime questioning conducted by two officers and unmarked by any of the traditional indicia of coercion. They assured a conviction for a brutal and unsettling crime, for which the police had and quite possibly could obtain little evidence other than the victim's identifications, evidence which is…