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.