Checklist - Key Questions to Assess Coverage Problems

1. Has the defendant's insurer issued a reservation of rights letter?

2. Has the defendant’s insurer issued a non-waiver agreement?

3. Has the insurer filed a declaratory judgment action naming the insured as a defendant?

4. Has the insurer declined coverage?

5. Has the insurer asserted any coverage defenses? If so, what are they?

6. How early or late in the claim did the insurer assert coverage defenses?

7. Does the defendant’s insurance policy contain any unusual features?

   1. Does it contain a...