Contested Insurance Coverage: Defense Under Reservation of Rights
Strategies to Reconcile Policyholders’ and Insurers’ Competing Interests
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, April 2, 2009
Recorded event now available
This seminar will examine the legal issues that arise for the insurer and the policyholder when the insurer's duty to defend is under dispute. The panel will discuss different state law and court approaches and ways that the insurer and the policyholder can work toward a resolution of the conflicts presented.
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 often arise where the insurer and insured disagree 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.
Outline
- Insurer’s duty to defend when legitimate defenses exist
- Defend under reservation of rights
- File declaratory judgment against policy
- Refusal to defend
- Additional considerations
- Importance of applicable law
- State laws
- Role of extrinsic evidence
- Policyholders’ response
- Challenging declaratory judgment action
- Bad faith claim
Benefits
The panel will review 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?
Faculty
John E. Heintz,
Partner
Kelley Drye & Warren, Washington, D.C.
He chairs the firm's Insurance Recovery Practice and has nearly 30 years of experience in corporate insurance coverage and other complex, multiparty litigation. He represents clients to secure coverage for asbestos, lead, environmental contamination, class action discrimination, directors’ and officers’ liabilities, and medical product liability claims.
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.
Robert M. Fineman,
Partner
Duane Morris, San Francisco
He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. He handles matters involving coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters.
Jerold Oshinsky,
Partner
Gilbert & Oshinsky, Los Angeles
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.
Ordering
Online CLE
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, NH, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $74.50
Available 24 hours after the live event
Includes 50% off with Special Offer
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, NH, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, 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.
MP3 Download (Audio Only) $24.50
Available 24 hours after the live event
Includes 50% off with Special Offer
CD $24.50
plus $9.45 S&H
Available ten business days after the live event
Includes 50% off with Special Offer
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The presentations provided great insight.
Josh WInslow
Pabian & Russell
The information was relevant and well presented. The questions were good, and the speakers responded with clear knowledge.
Sheila Fox Morrison
Davis Wright Tremaine
Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.
Angelica Toro
Popular
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
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
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