This CLE webinar will discuss potential policyholder claims and insurer defenses and liability when an insurance policy or even a separate stand-alone contract gives the property insurer the exclusive right to manage repairs or restoration following a covered loss at either residential or commercial... Read More

This CLE webinar will review current developments, options, and best practices for allocating liability among multiple insurers arising from long-tail mass tort claims. The program will discuss identifying dates of losses and implicated policies, allocation methodologies for indemnity and defense co... Read More

This CLE course will guide insurance counsel through the many different forms of "pollution exclusion" clauses in commercial general liability (CGL) policies, explore why they exclude many types of losses not caused by hazardous materials, review differing court interpretations of the exclusion, and... Read More

This CLE webinar will guide insurance counsel through the government action exclusion found in homeowners and commercial property and auto insurance policies, explore why it is increasingly being read to exclude losses only incidentally related to government actions, review differing court interpret... Read More

This CLE webinar will provide insurance counsel with the knowledge to analyze the availability of coverage for claims against Chief Information Security Officers (CISOs) under new CISO policies as well as reassess the challenges of finding coverage under traditional company policies such as D&O or E... Read More

This CLE webinar will guide subrogation attorneys through strategies and practical approaches for recovering from non-U.S. companies. The program will also offer information useful to any party seeking recovery from companies located outside the U.S. Read More

This CLE course will outline pre-trial strategies for both insurers and policyholders litigating bad faith claims. The program will focus on demand letters to insurers, drafting and answering bad faith complaints, proving and opposing damages, bifurcation, and using expert witnesses. Read More

This CLE webinar will discuss an insurance company's duty to know the law, the duty to explain denial of claims, what an adequate and proper claim denial looks like, how these duties affect the assertion of privilege, and how to stem erosion of evidentiary privileges in bad faith litigation. Read More

This CLE webinar will instruct insurance litigators on how to plead allegations that fall within a policy's coverage grant but outside the policy's exclusions when alleging the underlying claims that trigger coverage and the duty to defend. The program will identify mistakes that can get complaints... Read More

This CLE webinar will consider intervention as an alternative to discovery in a declaratory judgment action or an insurer's own independent factual investigation into coverage, when the insurer contends coverage is questionable. The panel will address whether an insurer may intervene in an underlyin... Read More

This CLE webinar will showcase winning and losing strategies for insurers and policyholders when litigating the duty to defend. The panel will discuss how each side assesses strategic issues that must be considered when deciding whether, how, and where to litigate the insurer's obligations to defend... Read More

This CLE webinar will provide litigators with practical tools to successfully resist and prevent entry of protective or confidentiality orders in bad faith insurance cases. The panel will discuss how to overcome assertions that information warrants confidential treatment or was treated as such, the... Read More

This CLE course will discuss defense cost coverage issues, including allocating costs in mixed actions, the insurer's right to recoup defense costs for non-covered claims, the insurer's obligation to pay defense fees for insured's independent counsel, and the insurer's right to limit reimbursement t... Read More

This CLE course will guide policyholder counsel on strategies and best practices for responding to insurer investigations conducted after issuance of a reservation of rights, when carriers demand information, including privileged communications, that could be used later to challenge coverage. The pa... Read More

This CLE webinar will offer trial lawyers concrete strategies and tactics to address, diffuse, and mitigate the phenomenon of social inflation and other related factors that lead to jury verdicts that are disproportionate to actual damages. Read More

This CLE webinar will provide new insurance lawyers with an overview of the insurance business so that they can understand how insurance works and better represent their clients. The program will review different production models (retail vs. wholesale), address the regulatory and licensing issues i... Read More

This CLE webinar will discuss whether an insurance company that covered only a part of its insured's losses is entitled to any reimbursement from the insured if the insured later recovers additional funds from a third party for uncovered losses. Read More

This CLE course will provide guidance to insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts the defense and/or coverage obligations of both insurers and... Read More

This CLE webinar will offer attorneys advising insurers recommendations and best practices for evaluating whether a time-limited demand triggers the insurer's duty to settle and then propose best practices for formulating a response that demonstrates the insurer's good faith. The program will identi... Read More

This CLE webinar will discuss an insurer's duty to defend and indemnify its policyholder in connection with allegations of enabling or profiting from sex trafficking under the Trafficking Victims Protection Reauthorization Act (TVPRA). Read More

This CLE webinar will offer guidance to attorneys defending insureds where liability is clear and medical expenses are relatively low, but the plaintiff does not seek damages for past medical expenses but instead seeks high future medicals and pain and suffering. The panel will review the risks thes... Read More

This CLE webinar will discuss the unique challenges of using opinion experts in bad faith insurance litigation, the legal requirements for tendering expert testimony at trial, and objections to overcome. Read More

This CLE webinar will offer insurer or policyholder counsel guidance on negotiating and litigating the value of property losses using the broad evidence rule. Read More

This CLE webinar will discuss the purpose and application of MCS-90 endorsements and the four primary approaches courts take to determine when the MCS-90 endorsement applies. The panel will also examine how and why the endorsement provides settlement leverage for plaintiffs. Read More

This CLE webinar will offer insurer and policyholder counsel a detailed analysis of the issues related to appealing insurance coverage decisions, starting with the decision to appeal and offering practical tips on briefing and oral argument. The program will offer useful practice pointers on the dif... Read More

This CLE course will discuss key insurance coverage issues for food contamination and product recall claims under CGL, property, and product contamination policies, the scope of coverage, coverage triggers, applicable conditions and exclusions, and policy language interpretation. The program will ad... Read More

This CLE webinar will discuss omnibus clauses in auto insurance policies and the coverage issues arising from permissive use in auto liability claims. The program will offer guidance on how to determine the difficult question of whether an individual is a permissive user as well as address exclusion... Read More

This CLE course will review the rights and obligations of the policyholder and the insurer regarding settlement, the insurer's liability for verdicts in excess of policy limits, actions insurers can take to reduce exposure to bad faith failure to settle claims, and options for policyholders if the i... Read More

This CLE webinar will discuss how counsel can draft valid coverage position letters (CPLs) without waiving defenses when proceeding under a reservation of rights (ROR). The program will also discuss how policyholder counsel receiving a CPL should review, analyze, and, if necessary, respond to a CPL.... Read More

This CLE webinar will discuss why the appraisal remedy in insurance policies may not be the straightforward solution it appears to be on paper, the grounds for vacating appraisal awards, and why it may simply be a prelude to litigation over appraiser impartiality. Read More

This CLE webinar will offer guidance to insurance practitioners about the impact of both the National Association of Insurance Commissioners (NAIC) Model Bulletin: Use of Artificial Intelligence Systems by Insurers and various state counterparts. A policyholder attorney and a regulatory and litigati... Read More

This CLE webinar will discuss strategies for discovering policyholders' communications with their legal counsel, including counsel's work product. The program will review which states have weakened or destroyed insurers' testimonial and work product privileges, the severe consequences of treating co... Read More

This CLE course will discuss strategies for using claims handling experts in various types of bad faith insurance cases, including first-party property, underinsured/uninsured motorist, and excess liability claims, as well as expert qualifications, the admissibility of their testimony concerning leg... Read More

This CLE webinar will guide attorneys through one of the most challenging of all issues: convincing insurance carriers to settle for the policy limits while defending a potentially non-covered claim under a reservation of rights when taking into account almost certain damages exceeding policy limits... Read More

This CLE course will guide counsel in responding to time-limited demands for payment of the policy limits without drawing a claim for bad faith. The panel will discuss controlling law and statutes, requests that do and do not trigger insurer obligations, safe harbors that may excuse a response, and... Read More

This CLE webinar will offer attendees a detailed analysis of why juries award runaway verdicts and how juries calculate them. The panel will discuss the impact of the current litigation climate on claims where coverage issues are present and the effect of the current litigation climate on excess and... Read More

This CLE webinar will offer guidance to insurance defense counsel in two increasingly common situations: when the insured is uncooperative but the case must be defended and when the insured may be missing and unlocatable. The panel will discuss how and why these situations arise, the tell-tale signs... Read More

This CLE webinar will offer policyholder advocates better ways to think about and frame insurance coverage disputes for improved outcomes. The panel will suggest arguments, techniques, and practices that help counsel find more and better support for their policy language interpretations--sometimes i... Read More

This CLE webinar will guide counsel through the duties and rights between primary and excess carriers, the primary carrier's potential for extracontractual damages to the excess insurer, and the potential claim for the excess insurer to incur extracontractual damages for breaching its duties to the... Read More

This CLE webinar will discuss finding insurance coverage for defending claims and indemnifying victims of sexual abuse and harassment. The panel will address the existence of coverage under general liability, employment practices, D&O, and other types of policies; insurer defenses; specific coverage... Read More

This CLE webinar will offer new insurance attorneys guidance on core issues that should be considered upon receipt of a demand or pleading that could give rise to a claim. The panel will discuss how to analyze potential coverage based on the applicable policies, how to analyze the demand or pleading... Read More

This CLE course will provide guidance to insurance defense counsel and counsel for insurance plan payers for settling general liability and personal injury claims while complying with CMS reporting requirements and satisfying Medicare liens for conditional payments. Read More

The CLE webinar will discuss the often litigated and confusing issues concerning coverage under a commercial general liability (CGL) policy. The program will address the "your work"/"your product" exclusions and the exceptions to the exclusions. The panel will also review current case law and argume... Read More

This CLE webinar will discuss proving or defending bad faith claims based on the use of algorithms or "insurtech" to establish totaled vehicle valuation. The panel will review potential claims as well as recent cases raising these issues. Read More

This CLE webinar will discuss the discovery of claims management goals and adjuster performance incentives in bad faith insurance litigation. The panel will discuss when and why this information is relevant, what kinds of requests are appropriate and how to make them, what objections are likely to b... Read More

This CLE course will discuss deposition strategies for insurers and policyholders to defend or take the claims handler's or representative's deposition. The program will also review communications between the claims handler and insurance counsel and communications that may come under the attorney-cl... Read More

This CLE webinar will provide counsel with insight and guidance on insurance coverage issues for common interest communities, coverage disputes that can arise, and what counsel need to know about them. Read More

This CLE webinar will offer guidance to insurance practitioners about how to proceed if the insurer's attorney-client privilege or attorney work product immunity with respect to communications with outside coverage counsel is waived or held inapplicable. The panel will review best practices for prot... Read More

This CLE course will provide critical insight to counsel for insurers facing tag-along bad faith claims on how to position a case for summary judgment. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proff... Read More

This CLE webinar will address how lawyers may properly plead and prove covered and non-covered liability and damages, supplementing pleadings so as to encourage prompt and equitable settlements funded by liability insurers. Read More

This CLE course will examine the strategic issues and decisions litigators must face in class action lawsuits against insurance companies. The panel will offer guidance on class certification, the utility of dispositive motions, navigating the discovery process, as well as settlement strategies. Read More

This CLE course will guide insurance company, policyholder, and in-house counsel through the nuances of the "made whole doctrine" and the many different types of releases, waivers, and other devices insurance companies use to clarify or mitigate its effect to maintain priority recoveries from third... Read More

This CLE webinar will explore the tripartite relationship and several frequently seen scenarios where conflicts of interest arise: reservation of rights letters, billing audits, billing guidelines, insured's lack or cessation of cooperation, coverage defenses, and policy limits demands. The panelist... Read More

This CLE course will provide policyholders, insurers, and their counsel with an understanding of the critical issues that affect the insurer's right to control the defense when defending under a reservation of rights (ROR), how the issues are addressed by different state laws and courts, and strateg... Read More

This CLE course will prepare policyholder and insurance company litigators to question fact witnesses and corporate witnesses in coverage and bad faith litigation. The panel will outline their experiences and perspectives on leveraging testimony by corporate representatives for both sides, using FRC... Read More

This CLE course will provide counsel to insurers and policyholders with an analysis of the scope of an excess insurer's duty to defend and indemnify and a review of the most commonly disputed issues and how to respond. Read More

This CLE course will offer insurance counsel strategies for protecting confidential communications and preserving the attorney-client privilege. The panel will discuss waiver and exceptions to the privilege, the interplay with reinsurance and reporting to reinsurers, the tripartite relationship, the... Read More

The CLE course will address property and liability policy exclusions designed to preclude coverage for known loss, loss in progress, prior knowledge, and prior notice at the time coverage is applied for. The panel will provide insights into the evolving standards for how courts construe such provisi... Read More

This CLE webinar will discuss wrongful insurance policy cancellation leading to bad faith, policyholder rights and remedies, and insurer perspectives. The program will also offer possible solutions if an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing i... Read More

This CLE course will analyze and explain critical estoppel and waiver issues for insurers and policyholders, including insurer conduct that supports claims, its impact on coverage claims, and conflicting court rulings on using the doctrine to allow, extend, or even create coverage. Read More

This CLE course will discuss claims for insurer bad faith liability from the use of artificial intelligence in underwriting and claims investigation, adjusting, denial, and settlement. The program will discuss the basis for bad faith claims, novel legal issues, and current cases. Read More

This CLE webinar will discuss the increasing phenomenon of having allegations of bad faith against an insurer based on conduct, strategies, and statements made during litigation. The panel will then recommend strategies to minimize the risk of bad faith. Read More

This CLE course will provide insurance counsel with a review of essential issues in horizontal and vertical exhaustion, the interrelationship between the primary carrier's obligation and those of the excess insurer, and best practices to resolve coverage priority disputes. Read More

This CLE course will offer trial strategies and best practices insurers can apply to neutralize an insured's use of "reptile" theory and tactics in first-party insurance litigation. The panel will also address what to do if the court overrules insurer challenges to reptile tactics and how to preserv... Read More

This CLE webinar will discuss the purpose and application of MCS-90 endorsements and the four primary approaches courts take to determine when the MCS-90 endorsement applies. The panel will also examine how and why the endorsement provides settlement leverage for plaintiffs. Read More

This CLE course will provide attorneys litigating common bad faith or coverage issues with strategic techniques for jury selection. The panel will discuss preparing for voir dire, the practical usefulness of social media and questionnaires, juror profiles, dealing with tainted jurors, and avoiding c... Read More

This CLE webinar will offer guidance and insight to counsel on the complex issue of when something short of the actual filing of a complaint can trigger an insurer's duty to defend. The program will assist practitioners in avoiding an unintentional breach and the resulting waiver of coverage defense... Read More

This CLE course will discuss the rights and obligations of the policyholder and the insurance company regarding settlements and the company's liability for verdicts in excess of policy limits. Read More

This CLE webinar will discuss managing and litigating first and third-party bad faith claims from the insurer's perspective, focusing on the unique challenges bad faith claims present at all stages of the litigation and offering strategies for addressing them. Read More

This CLE webinar will offer insurance coverage lawyers guidance concerning difficult coverage issues that arise after a policyholder's loss to a business or residence is caused in whole or in part by water. Read More

This CLE course will inform and educate insurance counsel about the peril to agents and brokers arising from the failure to procure coverage that an insured either sought or required. Liability differs depending on the jurisdiction and the circumstances. Counsel must know the vital details involved... Read More

This CLE course will examine how and when an insurer is liable for the malpractice of defense counsel that an insurer selected to represent its policyholder. The panel will also address when retained counsel's malpractice may lead to claims for extra-contractual bad faith damages. The program will a... Read More

This CLE webinar will help prepare insurers, policyholders, and their attorneys for the flood of major liability challenges and complex coverage issues arising out of alleged exposure to and contamination from the group of chemicals commonly referred to as PFAS. This comprehensive presentation will... Read More

This CLE course will discuss unique discovery requests that arise when a policyholder argues that its insurer's investigation and subsequent denial of its claim was arbitrary, capricious, and undertaken "in bad faith." The webinar will cover what information to request, how to request the informatio... Read More

This CLE course will provide insurance counsel with a roadmap for understanding statutory and common law contribution and indemnification. The panel will analyze disputes that arise when reconciling indemnity agreements and insurance provisions and outline best practices for drafting indemnification... Read More

This CLE webinar will discuss the ethical and practical duties and obligations of counsel appointed to defend the policyholder with respect to preserving coverage for the policyholder. The program will discuss ABA Formal Opinion 08-450 and related Model Rules of Professional Responsibility, what app... Read More

This CLE webinar will update insurance counsel on the latest developments in applying noncumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability. Read More

This CLE course will offer guidance to counsel bringing or defending bad faith claims alleging the insurer's inadequate or inappropriate investigation of complex claims. The panel will review what makes an investigation inappropriate, special issues involving coverage denial or reservation of rights... Read More

This CLE webinar will offer insurance litigators for plaintiff or defense practical ways to make drafting and responding to perennial document requests less onerous and more efficient. Insurer counsel, plaintiff counsel, and a document-production expert will discuss in the specific context of insura... Read More

This CLE webinar will discuss how a successor company acquires and enforces insurance coverage obtained by its predecessor for claims materializing after--perhaps years after--the transfer. The panel will begin by reviewing whether insurance claims or policies can be assigned to another party as par... Read More

This CLE course will guide counsel through the facially simple appraisal option for settling disputes between the policyholder and insurer over the value of a loss. Each party hires an appraiser to value the loss, and the appraisers pick an "umpire" to decide the issue if the appraisers disagree. Read More

This CLE webinar will offer insight into the rights of insurers and reinsurers regarding their "right-to-associate" and "claim control" rights and the consequences of invoking them. The panel will discuss what these rights mean, potential bad faith liability that can arise, how reinsurers can waive... Read More

This CLE course will review what constitutes exhaustion of an underlying policy, how policyholders can prove it, and how insurers can establish or challenge exhaustion. Read More

This CLE course will guide counsel through complex loss valuation issues under property damage policies when property - including real property and improvements - has been partially or completely destroyed. The program will discuss the methods for calculating replacement cost value (RCV) and actual... Read More

This CLE webinar will discuss the wide-ranging and heightened professional liability risks facing insurance agents and brokers, the types of conduct that may give rise to expanded risks, and how to best protect and defend against a variety of errors and omissions claims that may arise. The program w... Read More

This CLE webinar will analyze for insurance counsel current trends and developments in policy language, coverage, claims, and litigation arising from business email compromises (such as social engineering, fraudulent instructions, network security), ransomware, and even ransomware negotiations. The... Read More

This CLE webinar will examine how counsel for insurers can recognize when a third-party plaintiff attempts to "setup" the insurer for a bad faith claim. The panel will address what insurers can do to avoid this trap, counterclaims, and relevant affirmative defenses based on the plaintiff's fraudulen... Read More

This CLE course will discuss key issues that are likely to arise when claims have been made under representations and warranties insurance (RWI) policies and will provide practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms. Read More

This CLE webinar will discuss the scenarios when an insurer's duty to defend requires it to prosecute the policyholder's affirmative counterclaims, crossclaims, or third-party claims. The panelist will also discuss Model Rules of Professional Responsibility 1.1 (Competence), 1.2 (Scope of Representa... Read More

This CLE webinar will discuss why federal court may or may not be a better forum for insurers and review recurring challenges with effecting removal, such as citizenship of limited liability companies, inactive or dissolved entities, improper joinder, and resisting remand. Read More

This CLE webinar will discuss complex issues surrounding insurance coverage for damages related to breach of contract claims and the "Eaton Vance" rule. The panel review the "moral hazard" concerns used to justify the rule and whether the Eaton Vance rule goes further than necessary to protect legit... Read More

This CLE webinar will discuss why locating and evaluating coverage under old insurance policies has become a strategic imperative and the evidentiary requirements for proving or denying coverage when the terms of an insurance policy are missing. Read More

This CLE webinar will discuss the equitable remedy of reformation in the context of insurance coverage litigation. The panel will review the factual situations that give rise to demands for reformation, the grounds for reformation, when and how it is raised, factors considered, and how the remedy di... Read More

This CLE course will discuss how an insurer's duty to settle may be impacted by two difficult but recurring situations: (1) when multiple claimants are competing for insufficient policy limits against an insured, and (2) when claimants from a single occurrence will release fewer than all of multiple... Read More

This CLE course will provide insurance counsel with the latest developments in liability allocation, factors involved in allocation of losses, a review of critical issues in horizontal and vertical exhaustion, the interrelationship between the liability of the primary carrier and the excess insurer,... Read More

This CLE webinar will guide insurance defense counsel through the increasingly important topic of insurer claims against defense counsel for legal malpractice committed while defending the insured. The program will review common errors, whether a cause of action exists and who may assert it, how lia... Read More

This CLE webinar will offer objective legal analysis and subjective, practical suggestions about how to resolve ethical dilemmas which need to be addressed when a liability insurer agrees to defend its policyholder under a reservation of rights but proceeds to appoint defense counsel and direct the... Read More

This CLE webinar will instruct counsel when a company's D&O or professional liability insurance will cover the costs of responding to a formal investigative order, civil investigative demand, or subpoena. The program will discuss what policy terms and exclusions are often used to limit entity invest... Read More

This CLE webinar will guide insurance coverage counsel through issues that arise with insurance coverage for digital assets and claims and losses incurred by digital asset owners/investors, businesses, exchanges, third-party custodians that store cryptocurrency and other forms of digital assets on c... Read More

This CLE webinar will review the best strategies for drafting insurance settlements, focusing on releases. The panel will discuss issues that arise with covered and non-covered claims, multiple defendants, problematic language that can sabotage the parties' expectations and forfeit future rights, an... Read More

This CLE webinar will discuss whether the attorney-client privilege is being eroded in bad faith litigation. The panel will review the tripartite nature of attorney-client privilege among the insurer, the insured, and the attorney representing the insured. The program will discuss who controls the p... Read More

This CLE course will discuss the challenges and complications for insurers from rescinding an insurance policy and how a policyholder can effectively respond if the insurer attempts to rescind its policy after a covered claim is made. The panel will review addressing rescission for statutorily requi... Read More

This CLE webinar will discuss strategies for discovering policyholders' communications with their legal counsel, including counsel's work product. The program will review which states have weakened or destroyed insurers' testimonial and work product privileges, the severe consequences of treating co... Read More

This CLE webinar will discuss how to manage coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers. The panel will review how to resolve which insurers must defend and defense sharing agreements, best strategi... Read More

This CLE course will analyze how courts assess when the insurer's duty to defend is triggered concerning a claim by an additional insured. The panel will outline the various circumstances where extrinsic evidence is considered. Read More

This CLE course will offer guidance on structuring captive insurance programs across several scenarios. The panel will discuss the different types and uses of captive structures, best practices in regulatory compliance, and how to best leverage captive formation to maximize financial risk transfer a... Read More

This CLE course will discuss three important aspects of a liability insurer's duty to defend: (1) determining an insurer's duty to defend from pleadings and other sources; (2) circumstances when an insurer can withdraw from a defense; and (3) sometimes overlooked issues where there is collusion in t... Read More

This CLE webinar will demonstrate the manner and method of stacking uninsured and underinsured motorist (UI/UIM) coverage. The panel will offer an overview of how UI/UIM works, eligibility, intra- and inter-policy stacking, limits on stacking from exclusions and waivers, and more. The program will h... Read More

The CLE course will examine how to issue tenders of defense or indemnity that effectively transfer risk to third parties and their insurers as well as strategies for responding to tenders. The panel will discuss identifying who owes defense or indemnity, understanding the obligations under various c... Read More

This CLE webinar is about when and how liability insurance of various kinds will give rise to the duty to defend alleged violations of statutes regulating the collection and disclosure of biometric-related information, including fingerprints, facial recognition, voice recordings, and even keystroke... Read More

This CLE course will guide insurance counsel on steps to protect confidential communications and preserve the attorney-client privilege. The panel will discuss waiver and exceptions to the privilege, the interplay with reinsurance and reporting to reinsurers, the tripartite relationship, the role of... Read More

This CLE course will discuss what options exist when the insurer and policyholder disagree over how to resolve third-party liability, with an emphasis on the conditions under which a policyholder may settle the claim on its own, the risks of doing so, and its right to indemnity from the insurer. Read More

This CLE course will discuss how and when attorneys' fees can be recovered in litigation over coverage and the insurer's duty to defend. The program will discuss how policyholders can recover costs and attorneys' fees when they successfully prosecute coverage actions, even in the absence of bad fait... Read More

This CLE course will review the unique issues that counsel, for insurers, reinsurers, policyholders, or claimholders, face when either the insurer or the insured becomes insolvent. The panel will discuss the insurer's obligations when it is facing insolvency, what happens to insurers that cannot mee... Read More

This CLE course will discuss the growing trend of policyholder counsel to hold claims agents liable for bad faith when they delay or deny payment other than as required under prompt pay and other statutes as well as under common law theories of bad faith. This trend will substantially influence who... Read More

This CLE course will discuss the challenges that COVID-19 and other catastrophes present when calculating business interruption claims. The panel will discuss the two most commonly adopted methodologies, how the court's approach can affect recovery, and the effect of recent decisions and pending iss... Read More

This CLE webinar will discuss when prior rulings on coverage do not bind an excess insurer that follows form and when it can challenge the primary carrier's coverage, settlement, and payment decisions, including the theory of "improper erosion." Read More

This CLE course will present an overview of the significant coverage issues in the most recent iteration of the American Law Institute (ALI) ResThis CLE webinar will examine the real-world applications and decisions of the American Law Institute (ALI) Restatement on Liability Insurance, in key areas... Read More

This CLE webinar will discuss whether "physical loss or damage" sufficient to trigger prima facie coverage under a property or business income policy requires the policyholder to present evidence of "distinct, demonstrable, physical alteration of the property." The panel of both policyholder and ins... Read More

This CLE webinar will review the wide variety and range of answers to the complex and increasingly important issues of whether and under what circumstances a commercial general liability or other policy will cover an award of punitive damages against the insured. The program will also discuss best s... Read More

This CLE course will discuss when and why an insurer might be exposed to damages for alleged bad faith conduct even if it fully complied with its contractual obligations by paying a claim in full or properly denying it. With more frequent claims, counsel for insurers must understand what type of con... Read More

This CLE course will discuss the unique commercial property insurance coverage issues that insurers and policyholders face when responding to claimed losses arising from natural disasters like hurricanes and floods. The panel will discuss the deductibles and exclusions that most often create coverag... Read More

This CLE course will discuss how an insurer's duty to settle may be impacted by two difficult but recurring situations: (1) when multiple claimants are competing for insufficient policy limits against an insured, and (2) when claimants from a single occurrence will release fewer than all of multiple... Read More

This CLE course will explore coverage under non-standalone cyber insurance policies for computer fraud and ransomware, examining such coverage under property, crime, kidnap & ransom, and D&O, among others. Read More

This CLE course will alert counsel who works for, with, or against insurance carriers to the dangers of eroding insurance policies, also known as defense-within-limits policies. When every dollar spent on legal fees reduces funds available to settle a case or pay a judgment, all involved must take e... Read More

This CLE course will review the holding and real world consequences of GEICO Indem. Co. v. Whiteside (Ga. Apr. 19, 2021), a negligent/bad faith failure to settle case that insurance counsel in all jurisdictions have watched closely and described as "extremely problematic." The panel will unravel the... Read More

This CLE course will guide counsel on the differences between seeking recovery under builders' risk, CGL, and wrap-up insurance policies. The program will cover what steps to take when a claim is suspected, how to maximize coverage under all available policies, current trends in claim denials, and b... Read More

This CLE course will review the inconsistencies regarding when extrinsic evidence may be used to establish that a particular policy provision is ambiguous and discuss interpreting any ambiguity as well exceptions to the "four/eight corners" rule. The panel will focus on key jurisdictions and discuss... Read More

This CLE course will review the effect of the concurrent proximate cause rule in coverage litigation where the plaintiff asserts coverage for losses resulting from multiple alleged causes, some covered and some excluded. The program will discuss different standards and approaches taken by various co... Read More

This CLE course will provide insurance counsel with an in-depth review of the parameters of the insured's right to appoint an independent counsel. The panel will discuss varying court standards and emerging issues and outline best practices for both policyholders and insurers to resolve disputes ove... Read More

This CLE course will provide insurance counsel with the latest developments in liability allocation for claims involving multi-year losses under occurrence-based policies, how allocation is impacted by gaps in coverage, whether the reason for coverage affects allocation, the impact of policy wording... Read More

This CLE course will discuss what happens when insurance claims handling goes awry and a plaintiff attempts a frontal assault on the insurer's long standing claims-handling practices and procedures in a claim of institutional bad faith. Read More

This CLE course will educate counsel for insurers and policyholders on how courts have split on coverage issues and exclusions impacting business interruption coverage related to the 2020 pandemic. The program will guide counsel through emerging rationales for both extending or denying coverage or a... Read More

This CLE course will guide insurance practitioners to an enhanced understanding of the use and abuse of assignment of benefits (AOB) whereby a third party, such as a contractor or physician, steps into the insured's shoes to negotiate claims with, and to receive payments and benefits directly from,... Read More

This CLE course will examine CGL policy exclusions frequently disputed in commercial business disputes, including contractual liability, business risk, third-party over, pollution, and data breach exclusions. The program will analyze recent case law developments interpreting the scope of these exclu... Read More

This CLE course will discuss the unique challenges of using opinion experts in bad faith insurance litigation, the legal requirements for tendering expert testimony at trial, and objections to overcome. Read More

This CLE course will discuss how corporate policyholders should approach their insurance renewal in the new normal of COVID-19 and how to utilize notice of circumstances to their advantage. The insurance renewal process has been impacted dramatically by COVID-19, and the 2020-2021 renewal cycle will... Read More

This CLE course will address the insurance coverage issues raised by General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the growing list of state privacy statutes. The panel will provide practical guidance for insurance counsel on the new rights, obligations, and... Read More

This CLE course will explore the nationwide impact of a unanimous decision in favor of corporate policyholders by the California Supreme Court in April 2020. Policyholders can identify which policy years have the best coverage, collect, and let the carriers resolve further allocation. Any business w... Read More

This CLE course will guide insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts defense and/or coverage obligations of both insurers and policyholders. Read More

This CLE course will provide attorneys across all practice areas much needed guidance and context for evaluating insurance coverage for firearms and shooting liability claims under different kinds of policies, as well as best practices and strategies for alleging or defending claims. Both the attorn... Read More

This CLE course will identify types of potentially insurable risk faced by the cannabis industry, review types of coverage, typical exclusions and associated legal issues, assess the state of the cannabis insurance market and state regulatory regimes, and provide practical guidance on obtaining insu... Read More

This CLE course will discuss making and resolving claims under employment practices liability (EPL) insurance, which offers coverage against employee lawsuits alleging discrimination and other improper employer acts. The webinar will identify recurring misconceptions and stumbling blocks and how to... Read More

This CLE course will guide attorneys representing insurance companies in spotting and unraveling increasingly complex and organized fraud. These schemes may be related to only one claim but increasingly span multiple industries and types of policies, including commercial and property; life, health,... Read More

This CLE course will analyze insurance on activity that is costing businesses millions of dollars annually--phishing and online scams. These fraudulent schemes involve email impersonation of otherwise known contacts seeking transfers of funds for seemingly legitimate corporate purposes. When the imp... Read More

This CLE course will prepare both insured's and insurer's counsel for the legal quagmire of consent to settle clauses, including those paired with hammer clauses. Though an insured might desire the ability to prevent settling a perceived as groundless claim, under these clauses, an insurer may be ab... Read More

This CLE course will address issues faced by insurers and policyholders responding to claimed losses or liabilities arising from the novel coronavirus (COVID-19). It will address all types of insurance including Event Cancellation Insurance, Property Insurance, Business Interruption Coverage, Contin... Read More

This CLE course will provide insurance counsel with a review of the critical differences between claims-made and occurrence policies concerning notice of claims and failure to give notice or timely notice. The panel will discuss other key issues such as the insurer's duty to reimburse defense costs... Read More

This CLE course will prepare insurance litigators to meet the Daubert/Frye standards on the admissibility of expert opinion testimony and outline practical strategies for challenging expert testimony. Litigators will learn key differences between federal and state expert testimony standards in those... Read More

This CLE course will discuss and explore the mechanics of what's been called the bad faith "set-up" in insurance litigation. Both first-party and third-party claim scenarios will be reviewed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will al... Read More

This CLE course will present an overview of the significant coverage issues in the recently adopted American Law Institute (ALI) Restatement on Liability Insurance, which took almost a decade to finalize. Given the breadth and scope of the Restatement, the panel will devote significant attention to... Read More

This CLE course will provide insurance counsel with a thorough examination of the scope of the work product doctrine and how it arises in the insurance coverage and bad faith litigation context. The panel will review case law guidance and best practices for resolving these discovery disputes. Read More

This CLE course will provide insurance counsel with an analysis of current trends and developments regarding biometric privacy violation claims and litigation. The program will analyze the current landscape regarding potential insurance coverage under D&O, E&O, CGL, cyber, and employment practices p... Read More

This CLE course will guide insurance counsel for both policyholders and insurers on claims made against insolvent, bankrupt, or defunct insureds. The panel will discuss recent cases addressing this issue and review the contractual, statutory, and common law arguments that counsel can leverage to bes... Read More

This CLE course will address the application of depreciation to the labor cost component of estimated replacement cost value in determining actual cash value (ACV) under homeowners' and commercial property insurance policies. The panel will provide practical guidance regarding labor costs and other... Read More

This CLE course will update insurance counsel on the latest developments in applying noncumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability. Read More

This CLE course will discuss the evolving trends and key coverage issues triggered by natural and man-made disasters, which produce claims under nearly every type of insurance in the marketplace. The program will explore the types of property and liability insurance involved and offer practical guid... Read More

This CLE course will discuss the rights and obligations of insurers, policyholders, and non-insureds in circumstances where a non-insured asserts an insurance bad faith claim against an insurer. The parties' rights and obligations vary markedly from jurisdiction to jurisdiction. Our panel will addre... Read More

This CLE course will discuss key insurance coverage issues for food contamination and product recall claims under CGL, property, and product contamination policies, the scope of coverage, coverage triggers, applicable conditions and exclusions, and policy language interpretation. The program will ad... Read More

This CLE course will discuss the unique risks that cyber-related losses resulting from social engineering fraud, spoofing, phishing, and other computer related-scams--such as where scammers have convinced employees to transfer funds to them using executives' hijacked email accounts--pose to business... Read More

This CLE course will guide counsel in choice of law issues and strategies in insurance coverage disputes, including how different jurisdictions approach conflicts of law and the various choice of law tests adopted by the courts, recent and future trends, and strategic and practical considerations fo... Read More

This CLE course will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under a reservation of rights, how different state laws and courts treat the issues, and best practices for both parties to protect their rights and resolve disputes. Read More

This CLE course will discuss how counsel for product manufacturers can maximize their clients' insurance coverage when faced with consumer or product liability claims. Read More

This CLE course will discuss insurance issues related to Bitcoin and other cryptocurrencies. The program will explore how standard insurance products--including D&O, cyber, CGL, E&O, commercial crime and property insurance--apply to cryptocurrency-related risks, as well as recent trends, case law an... Read More

This CLE course will explore insurance coverage issues related to the expanding breadth of opioid liability claims. Our panel will discuss coverage considerations, the increasing reach of these claims for those involved in the manufacture, distribution, prescription or payment for opioids, and the d... Read More

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 def... Read More

This CLE course will discuss evolving law on stacking commercial business insurance policies, where it is permitted and where it is not, key insurance policy provisions, and insurance policy interpretation maxims typically in play in disputes between insurers and policyholders on stacking of policie... Read More

This CLE course will discuss the parameters within which an insurer can settle less than all claims or suits with the plaintiff and thereby end its duty to defend. The panel will outline which jurisdictions allow such settlements and which do not, provide strategies, and analyze risks for both the i... Read More

This CLE course will discuss and explore the evolution of the proverbial bad-faith set-up in insurance litigation. While the fundamentals of insurance bad faith remain the same, recent developments have blurred the lines between proper claim handling and efforts to "set-up" insurance carriers for ba... Read More

This CLE course will provide insurance counsel with a review of coverage for statutory and liquidated damages, as well as attorney fees for opposing counsel in individual and class action claims. The panel will discuss policy interpretation, case law developments, and best practices for arguing cove... Read More

This CLE course will explore the contours of professional services coverage and exclusions under general liability, directors and officers, and professional liability policies. The panel will discuss recent trends in case law interpreting policy coverage and exclusions and guide counsel for policyho... Read More

This CLE course will explore the pursuit and defense of causes of action against individual adjusters and insurance company personnel for bad faith. Addressing these claims varies broadly across the jurisdictional spectrum, and our panel will provide guidance on the viability of claims, strategies f... Read More

This CLE course will discuss the phantom disgorgement exclusion often relied upon by D&O and E&O professional liability insurers to deny coverage for claims involving individual and corporate wrongdoing and the shifting landscape of its viability as an affirmative defense based on the 2014 decision... Read More

This CLE course will discuss the unique risks that cyber-related losses pose to business operations and how to mitigate those risks with business interruption (BI) coverage. Our panel will guide insurer and policyholder counsel on negotiating terms and exclusions and how BI coverage works with other... Read More

This CLE course will explore distributed ledger technology (often called "blockchain") applications in the insurance industry, and prepare legal counsel, risk managers, and insurance professionals to address the legal risks associated with blockchain driven smart contracts. Read More

This CLE course will provide counsel for insurers with a comprehensive review of the new National Association of Insurance Commissioners (NAIC) model law. The panel will arm practitioners with critical guidance to navigate the stringent requirements for insurers, agents and other licensed entities c... Read More

This CLE course will discuss bad faith claims that arise in the context of first-party property claims, prevailing case law on bad faith claims in the property insurance context, and issues that pose a risk of bad faith claims against insurers, including disputes over property damage appraisals and... Read More

This CLE course will discuss pleadings standards for insurer bad faith claims, what plaintiffs must allege to survive a motion to dismiss, and how insurers can leverage tougher pleadings standards to win a motion to dismiss. The program will look at case law developments and how the courts have been... Read More

This CLE course will provide guidance to insurance defense litigators on combating the trial strategy commonly known as the "reptile theory." The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys throughout the life of the case and how defense counsel can strategical... Read More

This CLE course will discuss recovery for indemnity and defense costs under business insurance policies for class action claims. The program will discuss how policyholders should scrutinize policies for potential coverage, and at a minimum for part of the claims to trigger a defense. The program wil... Read More

This CLE course will discuss defense cost coverage issues, including allocating costs in mixed actions, the insurer's right to recoup defense costs for non-covered claims, the insurer's obligation to pay defense fees for insured's independent counsel, and the insurer's right to limit reimbursement t... Read More

This CLE course will provide guidance to insurance litigators for mitigating the risks that social media posts frequently pose for plaintiff/policyholders as well as tips for insurers to track down admissions on social media sites. The panel will discuss best practices for advising plaintiff/policyh... Read More

This CLE course will provide guidance to insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts defense and/or coverage obligations of both insurers and poli... Read More

This CLE course will provide insurance counsel with an analysis of key factors that determine an "occurrence" in liability policies. The panel will outline potential arguments on the number of occurrences from both policyholder and insurer perspectives and discuss key case law developments from juri... Read More

This CLE course will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of subrogation with indemnity and hold-harmless releases, and best practices in drafting and negotiating waivers of subrogation, releases and indemnification clauses. Read More

This CLE course will discuss the scope of the insured's duty to cooperate, the circumstances under which an insurer can disclaim coverage by alleging the insured breached that duty, the insurer's burden of proof, and other issues that arise in this context such as attorney-client privilege and claim... Read More

This CLE course will examine the use of collaborative settlements and consent judgments between insured defendants and third-party plaintiffs as a strategy for obtaining indemnification from an insurer after the insurer has denied coverage. Listen as our authoritative panel of insurance practitioner... Read More

This CLE program will discuss bad faith pitfalls for insurers in investigating and handling claims involving additional insureds (AIs) as well as bad faith claims that arise under defense-within-policy-limits insurance policies. The program will identify risks to insurers and ways to mitigate these... Read More

This CLE course will provide insurance counsel with an understanding of the evolving case law regarding the discovery of reinsurance, reserve information, and "other claims" files in the context of coverage or bad faith litigation between a policyholder and its insurance carrier. The program will di... Read More

This CLE course will examine trends and recent case law in insurance policy rescission and related exclusions, discuss the varied legal standards underlying a misrepresentation claim or defense, and outline arguments for insurers to consider when asserting misrepresentation and measures policyholder... Read More

This CLE course will address various trial strategies for plaintiffs/policyholders and insurers litigating bad faith insurance claims. The program will discuss how to evaluate the case to decide whether to go to trial or settle, convincing themes for the jury, and bifurcation of coverage trial from... Read More

This CLE course will provide policyholder and insurer counsel with an examination of the evolving duties and standards that insurance brokers owe to policyholder clients. The program will review claims against brokers in coverage disputes and recent court decisions expanding a broker's duties in cer... Read More

The CLE course will address issues and strategies in deciding whether and when to seek declaratory relief, threshold issues, limitations, and the applicability of the abstention doctrine for declaratory judgment actions brought in federal court. Read More