Insurer's Duty to Indemnify: Scope, Burden of Proof and Evidentiary Considerations
Advocating Complex Indemnification Duty Issues From Insurer and Policyholder Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course will focus on the insurer’s duty to indemnify and guide insurance counsel through issues related to whether liability insurance policies obligate the insurer to pay a settlement or judgment involving the insured. The program will distinguish the duty to indemnify from the duty to defend, explain the evidence necessary to establish—or defend against—a claim for indemnity, and discuss its application in the general liability context, D&O context, and beyond.
Outline
- Overview
- Importance of duty to indemnify
- Specific legal analysis
- Burden of proof and evidentiary issues
- Duty to indemnify distinguished from the duty to defend
- Evidence necessary to establish (or defend against) a claim for indemnity
- Application of the larger settlement rule in the D&O and other contexts
- Final considerations
Benefits
The panel will review these and other relevant issues:
- What standards are courts applying to determine the duty to indemnify?
- What strategies are available to the insurer and the policyholder when information outside of the liability policy and the pleadings potentially impacts whether a duty to indemnify exists?
- Which party has the burden of proof on the duty to indemnify and on which issues?
- What must be proved and how can that showing be rebutted?
- What is the burden that the insured must satisfy to prove coverage for a settlement or judgment?
- What defenses may be available to insurers faced with a demand for indemnity for a settlement or judgment?
- How does the characterization of settlement payments, or the wording of verdict forms, impact a client's ability to recover insurance proceeds?
Faculty
Alan P. Jacobus
Partner
Selvin Wraith Halman
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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Raymond A. Mascia, Jr.
Shareholder
Anderson Kill
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on... | Read More
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on behalf of policyholders. He has extensive experience in insurance coverage matters in state and federal court involving general liability, professional liability, and property insurance. Mr. Mascia is a frequent author and lecturer on a variety of insurance law topics.
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