Insurance Coverage for Manufacturers With Consumer or Product Liability Claims
Strategies and Practical Guidance From Insured and Insurer Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how counsel for product manufacturers can maximize their clients' insurance coverage when faced with consumer or product liability claims.
Outline
- Understanding the company's coverage
- Taking stock of all policies
- Analyzing the coverage that each policy provides
- Determining what coverage is available
- Ensuring that all policies are retained
- Making a meaningful coverage assessment
- Strategically using insurance coverage
- Timely notifications related to the claim
- Duty to cooperate
- Exerting control over litigation
- Protecting the right to coverage
- Balancing insurance requirements with customer relations obligations
- Determining whether a customer complaint is a claim
- Deciding whether to resolve the claim without the insurer's permission
- Final thoughts and practical considerations
Benefits
The panel will review these and other key issues:
- Why are historical insurance policies significant?
- What is the distinction between occurrence and claims-based policies?
- What role do exclusions, endorsements, pro-rata allocation, "all sums" allocation, deductibles, and self-insured retentions play?
- How should counsel for a product manufacturer best approach the duty to notify and the duty to cooperate?
- How can counsel best determine the extent of coverage provided?
- How should counsel address potential conflicts of interest between a manufacturer and its insurer?
- How can counsel help protect the manufacturer's relationship with its customers and suppliers?
- What is the impact of a reservation of rights letter?
- What is the significance of bad faith claims in the context of consumer or product liability suits against a product manufacturer?
Faculty
Alexander D. Hardiman
Partner
Pillsbury Winthrop Shaw Pittman
Mr. Hardiman has successfully litigated, arbitrated and settled hundreds of complex insurance coverage claims. He... | Read More
Mr. Hardiman has successfully litigated, arbitrated and settled hundreds of complex insurance coverage claims. He represents and advises corporate and individual policyholders in insurance coverage matters, including CGL claims, D&O insurance, fiduciary liability insurance, E&O insurance, and property insurance issues. Mr. Hardiman has extensive experience helping clients secure policy coverage for defense of class actions and product contamination and environmental hazard cases, as well as for governmental actions including antitrust claims and SEC investigations.
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Corey Worcester
Partner
Quinn Emanuel Urquhart & Sullivan
Mr. Worcester is experienced in class actions, multidistrict litigations, bankruptcies, and other complex commercial... | Read More
Mr. Worcester is experienced in class actions, multidistrict litigations, bankruptcies, and other complex commercial matters, including arbitrations, mediations and regulatory proceedings. He has represented corporations, insurance companies, officers and directors, financial institutions, “Big Four” accounting firms and other clients in securities and ERISA class actions, derivative actions, patent and trademark actions, antitrust litigation, insurance disputes, contract disputes, bankruptcies, and other matters in federal and state courts.
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