Excess Insurer's Duty to Defend and Indemnify
Defining the Excess Insurer's Obligations in the Absence of Underlying Exhaustion
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, March 28, 2012
Recorded event now available
This CLE webinar will provide counsel to insurers and policyholders with an analysis of the scope of an excess insurer's duty to defend and indemnify and a review of the most commonly disputed issues.
Description
Important case-law developments are occurring regularly—and key questions are being litigated more frequently—in coverage cases about "excess defense" issues. This is an arena where few practitioners have extensive hands-on experience.
The scope of the excess insurer’s duty to reimburse defense costs, whether defense costs are included within the definition of loss, the scope of the excess insurer’s duties in the absence of underlying exhaustion, and the effect of the primary insurer’s insolvency are all areas commonly in dispute.
Listen as our authoritative panel of insurance attorneys discusses the nature and extent of an excess insurer's duty to defend and reimburse defense costs, and provides insurer and policyholder counsel with arguments to resolve the frequently disputed issues that arise in the context of excess insurance.
Outline
- Scope of the duty to defend
- Absence of underlying exhaustion
- Claims not covered by primary insurer
- Insolvency of primary insurer
- Duty to reimburse defense costs
- Consent requirement
- Interpretation of definition of loss
- Reasonableness of defense costs
Benefits
The panel will review these and other key questions:
- In what circumstances will the excess insurer be obligated to reimburse the insured for defense costs—or assume the principal obligation to defend?
- Must an excess insurer contribute to a settlement if the primary policy has not in fact paid its full limits (sometimes called the Zeig issue)?
- Will the insolvency of the primary insurer trigger the excess policy to drop down to provide a defense?
- How does one address exhaustion of primary coverage in mass-tort or major-liability litigation such that excess coverage is in play?
- Is the defense obligation of an excess insurer outside of policy limits or subject to the policy limit for "ultimate net loss"?
Faculty
Marc S. Mayerson,
Of Counsel
Orrick Herrington & Sutcliffe, Washington, D.C.
He specializes in complex insurance-coverage disputes including litigation, settlement and advice, and has appeared as counsel in actions seeking insurance recovery for environmental liabilities, asbestos bodily injury claims, product-liability claims, medical-device liability, fidelity losses, errors-and-omissions liability and employment-practices liability matters.
Scott M. Seaman,
Partner
Meckler Bulger Tilson Marick & Pearson, Chicago
His practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented companies in trial courts, appellate courts, and arbitrations nationwide in numerous high stakes matters, including cases involving general liability coverage, professional liability coverage, first-party property coverage, bad faith matters and facultative and treaty reinsurance contracts.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
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Program Materials
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The program was a thorough and helpful overview of the topic of excess insurance coverage.
Alexander Henlin
Edwards Wildman Palmer LLP
The speaker's use of practical examples and not just talking about legal concepts, was very good.
Jeffrey Kaplan
Gaglione, Dolan & Kaplan
I enjoyed the speaker's helpful insights for insurance practitioners and I particularly liked their 'best practice' tips.
Daina Bray
Phelps Dunbar LLP
This seminar covered a lot of territory in a short period of time. It also assumed that the attendees had a significant level of experience coming into the program, which I did.
Louis C. Long
Pietragallo
The computer and telephone sign-on was very easy, and the instructions were straightforward.
Bethany Haslam
TCORS PC
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen
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