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 for the excess insurer to incur extracontractual damages for breaching its duties to the primar... 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 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 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 guide counsel through the in-depth analysis and unique questions to be answered to confirm or deny coverage under contingent business interruption (CBI) policies and add-ons. The panel will discuss how CBI policies can shift risk, the forms of CBI policies, controversies around... 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 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 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

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 course will guide insurance counsel on applying the "reptile theory" in first-party insurance cases. Our panel will explore tactics used by counsel for insureds to leverage this litigation strategy, and steps insurers can take to neutralize them effectively. The panel will also discuss cons... 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 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 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 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 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 review claims, defenses, and complex issues under uninsured motorist/underinsured motorist (UM/UIM) policies. The program will highlight the significant coverage and procedural differences between "regular" policies and UM/UIM policies, the latest statutory and case law on "stac... 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 deposition strategies for insurers and policyholders to defend or take the claims handler 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-clie... 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 inform and educate insurance counsel regarding the peril to agents and brokers arising out of the failure to procure coverage that an insured either explicitly sought or required. Liability shifts from jurisdiction to jurisdiction and situation to situation--counsel must know th... 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 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 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 course will prepare counsel to policyholders and insurance companies to assert their positions concerning defense cost issues arising from the insurer's duty and right to defend. The panel will review reimbursement and allocation of defense costs, pre-tender costs, and target tender issues,... 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 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 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 webinar will examine how counsel for insurers can recognize when a third-party plaintiff attempts to "set up" 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 fraudule... Read More

This CLE webinar will guide attorneys through one of the most challenging of all issues: whether 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. In addition to exist... 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 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 course will discuss key issues that are likely to arise in claims made under representations and warranties (R&W) insurance policies and provide practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms. Read More

This CLE 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 will addr... Read More

This CLE course will guide counsel who draft coverage position letters (CPLs) on how to craft a valid CPL and how to avoid waiving defenses when proceeding under a reservation of rights (ROR), and guide counsel who advise clients receiving CPLs on their effect. The program will show insurer counsel... Read More

This CLE course will explore the increasing risks to insurance companies and policyholders alike of using insurance technology and software, known generally as "insurtech," to investigate, adjust, and settle claims. The panel will discuss the conflict between insurtech and an insurance company's dut... 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 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 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 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 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 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 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

The CLE course will address liability policy exclusions designed to preclude coverage for potential liabilities known to the insured when applying for coverage. The panel will provide insights into the evolving standards for how courts construe such provisions, whether such exclusions apply to innoc... 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 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 ca... Read More

This CLE course will guide policyholder counsel on strategies and best practices for responding to insurer claims that the duty of cooperation requires disclosure of privileged defense communications or work product that might later be used to challenge coverage. Insurers routinely assess claims und... Read More

This CLE course will provide counsel with a review of 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. The panel will also explain actions insurance companies can take to reduce exposur... 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 when the negligence or malpractice of the defense counsel that the insurer retained to represent its policyholder may give rise to extra-contractual bad faith damages. The program will also discuss when the insurer itself may have direct claims against retained counsel f... 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 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 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 guide counsel to policyholders and insurers in addressing the complex issues for parties who either bring or defend against allegations of bad faith by insurers in claims investigations. Read More

This CLE course will offer trial lawyers concrete strategies and tactics to diffuse potential jury anger in setting damages, provide reasonable alternative damages figures for a defense verdict, and personalizing the corporate defendant to the jury panel. 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 discuss the interplay between insurance coverage issues and settlement discussions, including the extent to which an insurance company can consider its coverage defenses in determining whether to settle, and if so, the terms of settlement. 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 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 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 the latest developments in liability allocation, a review of critical issues in horizontal and vertical insurance, the interrelationship between the liability of the primary carrier and the excess insurer, allocation among multiple lines of insuran... 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 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 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 examine the legal issues confronting litigators when pursuing or defending claims against insurance companies. The panel will offer best practices for seeking or opposing class certification, bringing or challenging dispositive motions, and navigating the discovery process, as w... 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 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 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 provide insurance counsel with the knowledge to analyze availability of coverage for data breach and privacy violation claims and litigation under D&O and E&O policies for third-party liability and defense costs. The program will instruct counsel on how coverage can reach other... 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

This CLE course will provide insurance litigators with the tools needed for getting electronic evidence admitted at trial -- authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations and privacy issues that counsel mus... Read More

This CLE program will discuss these and other general rules for interpreting insurance policies, with particular focus on recent cases that illustrate the differing approaches courts have taken to applying them. The program will look at the issues from both sides--policyholder and insurer. Read More

This CLE course will analyze key developments in bad faith litigation and how these issues serve to expand the insurer's exposure to bad faith claims. The program will look at recent trends in the attorney-client protection between insurer's counsel and claims representatives, new theories of liabil... Read More

This CLE course will analyze how courts assess when the insurer's duty to defend is triggered with respect to a claim by an additional insured. The panel will outline the various circumstances in which resort to extrinsic evidence may be necessary. Read More

This CLE course will discuss the scope of the attorney-client privilege for communications between policyholders and their brokers, recurring scenarios in which waiver may occur, and the common interest exception, which protects disclosures to third parties. The program will discuss steps policyhold... Read More

This CLE course will discuss how an insurer's actions in the claims handling process may result in bad faith liability in the absence of coverage. The program will also address how extra-contractual liability may arise from an insurer's violation of fair claim handling statutes or its waiver of cove... Read More

This CLE course will analyze the consequences of an insurer's breach of the duty to defend with respect to its duty to indemnify and other defenses available to the insurer. The program will look at how various jurisdictions disallow the insurer from pursuing certain defenses to those that totally b... Read More

This CLE course will discuss key rules of insurance policy construction that arise in coverage disputes, including "contra proferentem," reasonable expectations, regulatory estoppel, illusory coverage and unconscionability. The panel will present issues and arguments from both the policyholder and i... Read More

This CLE course will provide insurer and policyholder insurance counsel with an analysis of the various issues that arise in the allocation of defense costs among multiple insurers and between covered and uncovered claims. The panel will discuss different approaches to allocation among multiple insu... Read More

This CLE course will discuss the scope of extra-contractual damages in first- and third-party insurance bad faith litigation, approaches taken by different courts and jurisdictions, and arguments for insureds to maximize and insurers to minimize damage awards. The program will focus heavily on recov... Read More

This CLE course will prepare insurance litigators for upcoming amendments to the Federal Rules of Civil Procedure by providing them with the tools to assess proportionality in light of the six factors outlined in the proposed amendments to Rule 26(b)(1) and effectively preserve ESI to avoid the sanc... Read More

This CLE course will provide guidance for counsel to policyholders and insurers to address the complex issues facing parties who either bring or defend against allegations of bad faith by insurers in claims investigations. Read More

This CLE course will provide a comprehensive review of a fundamental requirement of the duty to defend under a general liability policy: What is a suit seeking damages. The panel will explain and discuss this requirement in the context of a wide variety of claims for which insureds seek coverage, fr... Read More

This CLE course will discuss the pros and cons for filing a cross-motion for summary judgment in insurance coverage litigation versus opposing the other party's motion and the issues counsel must consider when deciding whether a cross-motion is appropriate. The program will address motion strategy f... Read More

This CLE course will drill down into important recent decisions that have raised serious implications for an insurer's assertion of the attorney-client and work product privileges in response to a discovery request. The panel will explain the impact of these decisions on the applicability of a privi... Read More

This CLE course will provide insurance counsel with a review of covered losses under a fidelity policy, focusing on the "direct cause" issue, recent case law developments, including the impact of MF Global on other employee theft, fraud and data breach situations, and coverage arguments from both po... Read More

This CLE course will discuss the scope of the personal and advertising injury coverage under CGL policies for false advertising, product disparagement and other IP claims, how courts interpret policy exclusions, most recent case law developments, and best practices for policyholders and insurers to... Read More

This CLE course will instruct insurance claims counsel on navigating complex Health Insurance Portability and Accountability Act (HIPAA) privacy rules and state laws and procedural rules governing the discoverability of protected health information to obtain medical records of individuals, including... Read More

This CLE course will offer counsel a review of the use of extrinsic evidence in insurance coverage disputes to determine the insurer's duty to defend, resolve ambiguities in policies, and clarify the scope of coverage under an insurance binder. The panel will discuss varying court interpretations re... Read More

This CLE course will provide counsel with a review of a potentially alarming--or gratifying--recent trend in expanding the contractual liability exclusion in CGL policies. The panel will discuss the historical analysis of the exclusion and the impact on the construction industry, as well as non-cons... Read More

This CLE course will provide insurance counsel a review of claims over climate change losses and discuss the latest developments in federal and state statutory and regulatory initiatives impacting natural disaster losses due to climate change. The panel will explain specific insurance coverage issue... Read More

This CLE course will analyze Calilfornia's Stringfellow ruling and its impact on the critical issues of trigger of coverage, all sums allocation and stacking, for long-tail environmental claims, and other long-tail exposures such as asbestos, latent injury and construction defect cases. Read More

This CLE course will prepare counsel to policyholders and insurance companies to assert their positions with regard to defense cost issues arising from the insurer's duty to defend. The panel will review reimbursement and allocation of defense costs, pre-tender costs, and target tender issues, among... Read More

This CLE course will provide insurance counsel with a review and analysis of the issue of triggers in first-party property continuous damage claims, the various theories used by courts to determine which policy is triggered, and the evolving case law in this area. Read More

This CLE course will provide insurance counsel with an analysis of the various allocation approaches in continuous damage claim cases and discuss case law developments and recent trends. The panel will outline approaches for insurers and policyholders to effectively leverage allocation methodologies... Read More

This CLE course will provide an introduction to various approaches used by courts to determine coverage in first-party property insurance claims with multiple losses. The panel will explain best practices for counsel to insurers and policyholders in evaluating causation when there are covered and no... Read More

This CLE course will provide insurance counsel with a review of key issues and disputes that arise in determining the scope of coverage for business interruption, contingent business interruption and civil authority. The panel will also discuss the interplay between business interruption coverage an... Read More

This CLE course will provide insurance counsel with a review of what constitutes claims in light of various policy provisions. The panel will offer best practices for deciding when and whether to provide notice and review the impact of late notice on coverage. Read More

This CLE course will provide counsel with an overview of MSP and MMSEA obligations for insurers and self-insured entities. The panel will outline an effective compliance program to minimize liability for Medicare repayment obligations and discuss the impact of the MMSEA on the defense of general lia... Read More

This CLE course will provide counsel to insurers and policyholders with a review of coverage and allocation issues that arise when settling claims with multiple insurers. The panel will outline strategies for both sides to resolve disputes arising from concurrent insurance. Read More

This CLE course will provide plaintiff and defense counsel and mediators with best practices to maximize insurance contributions when resolving cases through the mediation process. Read More

This CLE course will provide considerations and effective approaches for counsel to insurers and policyholders in allocating deductibles and retentions. The panel will review factors in determining the number of occurrences by analyzing current divergent paths of court rulings in these areas. Read More

This CLE course will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of state law and contractual policy language, and complex issues that arise in apportioning recoveries between the insurer and policyholder. Read More

This CLE course will provide guidance to policyholders, insurers and their counsel to address the myriad of issues facing parties bringing or defending claims of bad faith based on claims investigations conduct. Read More

This CLE course will provide guidance to counsel for insureds and insurers on unique coverage issues in green building projects. The panel will review green certifications and building codes, analyze the increased liabilities and coverage risks, and offer strategies for maximizing coverage. Read More

This CLE seminar will analyze the controversial Qualcomm decision and other rulings post- Qualcomm, examine other critical issues involved in evaluating excess-limit exposures, and discuss appropriate claims practices and settlement strategies. Read More

This seminar will provide an overview of trends in data breach litigation and liabilities and analyze how standard and specialty business insurance policies may provide coverage for data breach liability. The panel will discuss best practices for litigating coverage disputes for data breach losses. Read More

This seminar will discuss the new Massachusetts supreme court ruling that adopts pro-rata allocation of liability for covered continuous injury claims in light of a recent California decision that permitted stacking of policy limits. The panel will outline best practices for counsel to policyholders... Read More

The teleconference/course format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations. This seminar will examine the types of conduct that may support a b... Read More

This seminar will examine insurance coverage available to protect businesses during economic crisis, coverage issues relating to claims and lawsuits that are emerging as the crisis develops, and strategies for crafting insurance protection in the future. Read More

This seminar will examine the ethical issues that arise from the relationship among counsel, insurer and policyholder, review coverage implications of that relationship, how the courts and state bars have treated the issues, and best practices for addressing the potential conflicts of interest. Read More

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... Read More

This seminar will discuss the new California appellate court ruling that allows stacking of insurance policies in cases where an insured is facing continuous injury claims. The panel will review the implications of the ruling and best practices for policyholders, insurers and their counsel. Read More

This seminar will examine the types of claims being filed over climate change losses, insurance coverage issues for both policyholders and insurers, and how companies and insurers can mitigate climate change risks and liabilities. Read More

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