Brugnoli v. United National Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an insurer does not waive a defense to coverage when the insurer timely issues a reservation of rights
• holding a reservation of rights letter must “fairly inform the insured of the insurer’s position” in order to be effective
• holding a reservation of rights letter must “fairly inform the insured of the insurer’s position” in order to be effective
• holding that when an insured made no objection to an insurer’s reservation of rights and when a nonwaiver agreement was otherwise clear notice, the insurer was not estopped from denying coverage under the policy despite its continued participation in defense of the action
• “consent of the insured is necessary if the insurer is to retain control of defense of the action and at the same time reserve the right to disclaim liability under the policy”
• insurer’s letter sent within one week of receiving the complaint was timely

Source: CourtListener parenthetical corpus (CC0).