2.1 Duty to Indemnify
Jurisdiction | Arizona |
In the liability context, insurance carriers are statutorily required to indemnify their insureds against loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of motor vehicles.[1] Insurance carriers are also obligated to offer uninsured and underinsured motorist coverage,[2] wherein the carrier agrees to pay the damages for bodily injury that the insured is legally entitled to collect from the owner or driver of an uninsured or underinsured motor vehicle if the injury arises out of the operation, maintenance, or use of the uninsured or underinsured motor vehicle.
The carrier's duty to pay...
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- 2.1 Duty to Indemnify
- 2.2.1 Refusal To Defend
- 2.2.2 Defense Under Reservation
- 2.2.3.1 Understanding Damron and Morris
- 2.2.3.2 Challenging the Reasonableness of a Stipulated Judgment
- 2.2.3.3 Procedural Issues Regarding Determination of Reasonableness
- 2.2.3.4 The Role of the Judiciary in the Reasonableness Deter-mination Process
- 2.2.3.5 Breach of the Cooperation Clause
- 2.2.4 Discharge of Duty Through Exhaustion of Policy Limits
- 2.2.5 Contribution for Defense Costs
- 2.2.6 Non-Waiver Agreements Regarding Claim Administration
- 2.2.7 Setting Aside Default Judgments
- 2.3 Duty of Good Faith and Fair Dealing
- 2.4 Duty to Give Equal Consideration to Settlement Proposals
- 2.5 Duty to Give Notice of Claims or Lawsuits[504]
- 2.6 Duty to Cooperate
- 2.7 Cooperation and Consent to Settlement Clauses [NEW]
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