Liability insurance is a part of the general insurance system of risk
financing to protect the purchaser (the "insured") from the risks of
liabilities imposed by lawsuits and similar claims. It protects the
insured in the event he or she is sued for claims that come within the
coverage of the insurance policy. Originally, individuals or companies that faced a common peril,
formed a group and created a self-help fund out of which to pay
compensation should any member incur loss (in other words, a mutual
insurance arrangement). The modern system relies on dedicated carriers,
usually for-profit, to offer protection against specified perils in consideration of a premium.
Liability insurance is designed to offer specific protection against
third party insurance claims, i.e., payment is not typically made to the
insured, but rather to someone suffering loss who is not a party to the
insurance contract. In general, damage caused intentionally as well as
contractual liability are not covered under liability insurance
policies. When a claim is made, the insurance carrier has the duty (and right) to defend the insured.
The legal costs of a defense normally do not affect policy limits unless
the policy expressly states otherwise; this default rule is useful
because defense costs tend to soar when cases go to trial.
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