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Reservation of Rights in Insurance Contracts

Abstract

This Note examines the insurer's duties and its relationship with the insured under a standard liability insurance policy. This Note then discusses the two options available to the insurer when litigation involving the insured arises: prior declaratory determination and the reservation of rights. Additionally, the different judicial approaches to the reservation of rights are discussed. This Note suggests that the minority rule affords the insurer a wider range of options than the majority rule, while continuing to provide the insured with substantial protection from personal liability.

How to Cite

32 Ariz. L. Rev. 387 (1990)

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