By Matthew S. Brown, Partner, Carlile Patchen & Murphy LLP
“To be, or not to be, that is the question:
Whither ’tis nobler in the mind to suffer
The slings and arrows of outrageous fortune,
Or to take arms against a sea of troubles
And by opposing end them.”
While not as existential as Hamlet’s query, an insurer defending an insured under a reservation of rights is often confronted with coverage determinant questions. The issue, then, is how best to obtain the answers to those essential questions.
To Intervene, or Not To Intervene, That is the Question