Strategies to Reconcile Policyholders’
and Insurers’ Competing Interests
CD of Teleconference with Q&A
Click here for program outline
Conducted on Wednesday, September 24, 2008
Now available on CD
Sponsored by Insurance Law & Litigation Week
and the Legal Publishing Group of Strafford Publications
Insurance Law Teleconference Advisory Board
Under most liability insurance policies, insurers have the duty to defend the policyholders from lawsuits seeking damages within the scope of coverage. However, situations often 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 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.
The panel included:
John D. Green, Partner, Farella Braun + Martel, San Francisco. He represents insureds seeking insurance coverage under general liability and D&O policies for a wide variety of lawsuits. He also represents insureds pursuing first-party property coverage. His practice includes negotiation with carriers to obtain policy benefits. He has extensive experience with mediation and arbitration of insurance disputes.
Paul R. Koepff, Partner, O'Melveny & Myers, New York. He chairs the firm's Insurance and Reinsurance Practice. He handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise Law and Practice of Insurance Coverage Litigation.
Jerold Oshinsky, Partner, Dickstein Shapiro, Washington, D.C. He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling clients nationwide on insurance coverage and related matters. He handles insurance matters, including advertising liabilities, broker’s liability, business interruption, construction defects, directors and officers, employment issues, and environmental liability.
Martha E. Conlin, Member, Cozen O’Connor, Chicago. She practices with the firm's Global Insurance Group, where she concentrates her practice in all areas of insurance coverage. She handles insurance matters related to asbestos, complex torts and products liability, environmental coverage, coverage claims, and reinsurance.
The panel reviewed these and other key questions:
- What are an insurer's key considerations 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 ethical issues arise when an insurer representing a policyholder hires counsel in a liability matter?
TELECONFERENCE CD
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