Following a coverage denial, many jurisdictions permit insureds and claimants to enter into covenants not to execute and to enforce a resulting judgment against the insurer if coverage is shown to exist. Insurers often argue that the insured has suffered no damages as the insured is protected from being required to pay the judgment. Absent fraud or collusion in obtaining the judgment, these arguments often fall on deaf ears….
By: Presley & Presley
By: Presley & Presley
