Contested Insurance Coverage: Defense Under Reservation of Rights
Strategies to Reconcile Policyholders’ and Insurers' Competing Interests
CD/DVD of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, May 20, 2008
Now available on CD/DVD
Description
Under most liability insurance policies, insurers have the duty to defend the policyholders from lawsuits seeking damages within the scope of coverage. However, situations arise where the insurer and insured don't agree on the extent and applicability of coverage under the policy.
The insurer can proceed to defend the insured under a reservation of rights — or it may refuse and file a declaratory action for a court to determine coverage. What are the policyholder's options under these circumstances?
State law and court decisions are crucial in determining the insurance company's and the policyholder's rights when the duty to defend is under dispute. Both parties must understand the standards for the relevant jurisdictions.
Listen as our panel of experienced insurance attorneys examines the competing interests of the insurer and the policyholder where the duty to defend is under dispute, how different state laws and courts treat the issue, and how both the insurer and the policyholder can work toward a resolution.
Outline
- Insurer’s duty to defend when legitimate defenses exist
- Defend under reservation of rights
- File declaratory judgment against policyholder
- Refuse to defend
- Importance of jurisdiction
- State laws
- Role of extrinsic evidence
- Policyholders’ response
- Breach of duty to defend
- Challenging declaratory judgment action
- Estoppel
- Bad faith claim
Benefits
The panel reviewed these and other key questions:
- What tactical considerations does an insurer have to weigh in deciding whether to file a declaratory action to dispute coverage?
- What are the prevailing state law standards governing the insurer's duty to defend — and when an insurer can file a declaratory action?
- What are the best practices for both sides to reconcile their competing interests when they don't agree about extent of coverage?
- What are the ethical issues that arise when an insurer representing a policyholder hires counsel in a liability matter?
Faculty
Jay M. Levin,
Counsel
Reed Smith, Philadelphia
He focuses his practice on representing policyholders in matters involving all types of insurance coverage. He arbitrates cases before the American Arbitration Assn. and in private binding arbitration. He has extensive experience in multimillion-dollar property insurance coverage cases, as well as professional and general liability cases. He also counsels policyholders in non-litigation contexts.
Kenneth E. Ryan,
Partner
Wiley Rein, Washington, D.C.
He represents insurers in coverage matters, litigates insurance coverage and other commercial litigation cases, and advises clients on developments impacting the insurance industry. He also assists insurance clients to develop practices, procedures and policy language to avoid future coverage disputes and bad faith claims.
Ordering
Teleconference on CD
Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).
For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.
Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option
Self-study CPE is not offered on CD purchases.
CD $297.00 plus $9.45 S&H
CLE Processing on CD/DVD (NY and CT Only)
CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.
CLE on CD Processing $65.00
CLE Credit
Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.
Owen Hughes
Pfizer
The best teleconference I have experienced — bar none. Well done in every respect.
Jake Jacobson
Osborne Construction Co.
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
Convenient and well-organized. Well-run program.
Michael V. Kruljac
IMERYS
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Member
Cozen O'Connor
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen