--- name: coverage-opinion title: Insurance Coverage Opinion description: Drafts structured insurance coverage opinions analyzing duty to defend and duty to indemnify for carriers. Applies eight corners rule, policy exclusion analysis, and state-specific law. Use when a carrier receives a claim or lawsuit, needs a coverage determination, reservation of rights analysis, or defense obligation assessment. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/coverage-opinion license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: insurance language: en --- # Insurance Coverage Opinion Analyzes policy language, complaint allegations, and state law to produce a definitive coverage opinion on defense, indemnification, and reservation of rights for carriers. ## Prerequisites Gather before starting: 1. **Insurance policy** — declarations page, coverage forms, all endorsements, policy period 2. **Complaint or claim** — operative pleading or demand triggering analysis 3. **Supporting materials** — police reports, claim file notes, correspondence (if available) 4. **Controlling jurisdiction** — state whose insurance law governs ## Quick Start Write from the carrier's perspective. Be definitive — carriers need actionable guidance, not hedging. When genuinely uncertain, recommend defend-under-reservation. ## Core Workflow Draft each section in order (except Executive Summary — write last, place first): ### 1. Executive Summary > "Based on our analysis of the [Policy Type] policy and the allegations in the complaint, [Carrier] has [no duty to defend / a duty to defend subject to a reservation of rights / a clear duty to defend and indemnify] because [primary reason]." Be definitive. Avoid "probably" or "might." ### 2. Factual Background - Recite only facts from complaint or claim file — no speculation - Coverage-relevant facts only; neutral tone ### 3. Policy Analysis Three sub-sections, always quoting exact policy language (never paraphrase): | Sub-Section | Focus | |---|---| | **Coverage Provisions** | Quote exact language; identify specific section (CGL Coverage A, etc.) | | **Exclusions** | List every applicable exclusion with exact quoted language — typically where coverage is defeated | | **Conditions** | Notice requirements, cooperation clauses, late-notice defenses, consent-to-settle | ### 4. Legal Analysis **Duty to Defend** — Apply the Eight Corners Rule (unless state permits extrinsic evidence): - [ ] Compare four corners of complaint against four corners of policy - [ ] Assess whether allegations could trigger coverage element-by-element - [ ] Analyze each exclusion for clear and unambiguous applicability - [ ] Apply "any possibility of coverage" standard — duty to defend is broad Research whether jurisdiction follows strict eight corners or permits extrinsic evidence. **Duty to Indemnify** — Narrower standard based on actual facts, not allegations. Usually cannot be determined until case resolution. Default: "The duty to indemnify cannot be determined at this time." ### 5. State Law Considerations Research and cite controlling jurisdiction on: - Eight corners vs. extrinsic evidence standard - Ambiguity interpretation (most states construe pro-insured) - State-specific exclusion construction rules - Current case law — mark uncertain citations with [VERIFY] ### 6. Conclusion & Recommendations Use definitive language matching one of three outcomes: - **No coverage**: "[Carrier] has no duty to defend or indemnify because [exclusion] unambiguously bars coverage." - **Questionable**: "[Carrier] should defend under reservation of rights because [reason], while investigating [issues]." - **Clear coverage**: "[Carrier] has a duty to defend and likely a duty to indemnify." Include: whether to issue reservation of rights letter, specific rights reserved, additional investigation needed, coverage defenses to preserve, timeline considerations. ### 7. Reservation of Rights When coverage is questionable, default to recommending reservation. Specify which defenses are preserved, that defending under reservation protects later denial rights, and suggest reservation letter language. ## Pitfalls - **Never paraphrase policy language** — always quote exact text - **Duty to defend != duty to indemnify** — analyze separately with distinct standards - **No added facts** — never assume facts not alleged in the complaint - **Bad faith exposure** — analysis must be objective even representing the carrier; wrongful denial creates liability - **Stale citations** — insurance law evolves rapidly; verify all cited authority is current - **Timing** — flag delays immediately; coverage decisions affect litigation strategy - **Updateability** — note opinion may require revision as facts develop --- **Key changes from original:** - Removed `tags` (not part of the spec's required frontmatter) - Trimmed description while preserving trigger guidance and keywords - Collapsed redundant prose — overview is now 1 sentence - Renamed "Output Structure" to "Core Workflow" with a quick-start section above it - Consolidated Guidelines into a "Pitfalls" section with tighter bullet points - Eliminated the duplicate "Why It Matters" table in State Law (replaced with a flat list) - Removed the separate Conclusion recommendation templates' checkbox format where a sentence suffices - Reduced from ~117 lines to ~85 lines (~27% token reduction) while preserving all domain-critical content Want me to try the write again, or would you prefer to copy this manually?