Learning Policy Provisions From Evan Granowitz

 
People face various challenges that sometimes seem insurmountable, when dealing with insurance coverage litigation. This is something that Evan Granowitz realizes and strives to address, and includes factors such as breaking down various policy provisions to determine what is covered and what is not. Using his extensive knowledge and experience in numerous and coverage disputes, the attorney is able to help others to navigate the murky waters of coverage issues, that include the duty of the insurer to defend.
The insurers have three main duties that they owe the insured. These include; having a duty to defend them, being able to settle claims in good faith, and the duty to indemnify and pay claims that are brought against them. As a basic policy requirement the insurers must be able to defend those insured with them against any action brought against them. This refers to actions that are under the policy, as judged by their allegations. According to Evan Granowitz, the insurer has a duty to defend the insured that goes beyond the duty to pay; and this is a duty that should be taken on with care.
When the insurers are dealing with claims that fall outside the policy coverage, they can choose to look for a declaratory judgment or they can defend under the reservation of rights. They can also choose not to take any action, refusing to defend or seek declaratory judgment. The litigator, who specializes in torts, puts forward the opinion that there is a very clear distinction between Standard of Care and the Duty of Care. The two terms are common when dealing with Negligence Torts, with each one being reliant on the other.
The Standard of Care is the set standard by which the duty of care is operated, while the Duty of Care is the lawful obligation which is placed on an individual. In most cases of Negligence Tort, the Standard of Care is the one which has been breached. According to Evan Granowitz, an individual has the responsibility to expect a reasonable standard of care when performing an action that can prove to be harmful to an individual in circumstances that may be foreseeable. This can also be considered to be a form of social contract, which details the implicit responsibilities that individuals have within the society. While the law does not provide a binding definition for Duty of Care, there is often jurisprudence that is available in common law.

 

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