Insurer's Duty to Defend: Resolving Defense Cost Issues
Best Practices for Cost Reimbursement and Allocation
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, August 9, 2012
Recorded event now available
This CLE webinar will prepare counsel to policyholders and insurance companies to assert their positions with regard to defense cost issues arising from the insurer's duty to defend. The panel will review reimbursement and allocation of defense costs, pre-tender costs, and target tender issues, among others.
Description
The insurer’s duty to defend raises a host of defense cost issues that are frequently subject to disputes and litigation. Some of the most commonly disputed issues include what constitutes a defense cost and whether fees are reasonable.
There has been a recent trend, and considerable controversy, surrounding the practice of insurers seeking reimbursement of defense costs for non-covered claims. Courts are divided as to the insured’s right to recover pre-tender defense costs.
And, the long-running coverage battle persists between insurance companies and policyholders on the allocation of defense costs between covered and uncovered parties and claims.
Listen as our authoritative panel of insurance attorneys discusses the most challenging allocation and reimbursement of defense cost issues and outlines best practices for resolving such disputes.
Outline
- Scope of duty to defend
- Pre-tender costs
- Target tenders
- Settlement issues
- Allocation of costs
- Non-covered claims
- Among parties
- Uninsured periods of time
- Methodologies of allocation
- Reimbursement of defense costs
Benefits
The panel will review these and other key questions:
- What is the insurer’s right, if any, to apportion or allocate defense costs incurred by the insured in a “mixed action"?
- What are best practices for allocating defense costs among covered and uncovered claims?
- What legal rationale best supports the insurer's right to reimbursement of defense costs for uncovered claims?
- What legal arguments should a policyholder put forth to defeat an insurer's claim for reimbursement?
Faculty
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.
Sherilyn Pastor, Partner
McCarter & English, Newark, N.J.
She is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of dollars in insurance assets for a broad range of policyholder clients. She also provides advice to clients assessing their potential risks, analyzing new insurance products and considering the adequacy of their existing insurance programs.
Linda D. Kornfeld, Partner
Jenner & Block, Los Angeles
A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents corporate and individual policyholders in high-stakes cases and has recovered hundreds of millions of dollars for her clients in insurance matters. She provides strategic counseling to in-house counsel and senior executives on mitigating risk and maximizing insurance recoveries.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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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.)
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Available ten business days after the live event
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Nelson Levine deLuca & Horst
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Reed Smith
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