Property Insurance: Loss Valuation and Avoiding Valuation Mistakes
March 2, 2021 • CLE • Live Webinar
This CLE webinar 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 c...
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Coverage and Bad Faith Litigation: Depositions of Insurance Claims Handlers or Representat...
Deposition Strategies From Perspectives of Both Insurers and Policyholders
March 16, 2021 • CLE • Live Webinar
This CLE webinar will discuss deposition strategies for both 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 attorne...
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Insurance Coverage Exclusions for Known Loss, Prior Knowledge, and Prior Notice: Evolving...
Advocating Scope of the Exclusions From the Policyholder and Insurer Perspectives
March 23, 2021 • CLE • Live Webinar
The CLE webinar 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 inno...
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Reptilian Tactics: Litigating First-Party Insurance Cases
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statemen...
March 30, 2021 • CLE • Live Webinar
This CLE webinar 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...
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Insurance Agent and Broker Liability for Failure to Procure Necessary Coverage: Claims and...
Differing Standards of Care, Responsibilities of Insured, Causation, Damages
April 6, 2021 • CLE • Live Webinar
This CLE webinar 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 t...
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Responding to Insurance Investigations: Cooperating Fully While Safeguarding Privilege and...
Preventing Insurer Abuse, Misuse, Disclosure; Protecting Confidential Information; Guardin...
February 11, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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 un...
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Bad Faith Claims When Verdicts Exceed Policy Limits: Nuances of the Insurance Company's Du...
Reducing Company Exposure; Options for Policyholders When Company Rejects Settlement Deman...
February 4, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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 exposu...
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Assignment of Insurance Benefits Contracts: Resolving AOB Claims and Defending AOB Lawsuit...
AOB's Scope, Invoking the Appraisal Remedy, Enforcing Conditions to Payment, Handling Mult...
January 21, 2021 • CLE • CLE On-Demand, Download
This CLE webinar 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,...
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Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer vs. Policyholder Per...
Insurer Defenses Against Policyholders in Bad Faith Litigation
December 2, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine how counsel for insurers can recognize when a third-party plaintiff is attempting to "setup" the insurer for a claim of bad faith. The panel will address what insurers can do to avoid this trap and counterclaims and relevant affirmative defenses based on the plaintiff's...
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CGL Exclusions: Contractual Liability, Business Risk, Third-Party Over, Pollution, and Dat...
Advocating Scope of the Exclusions From the Policyholder and Insurer Perspectives
November 11, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 excl...
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Insurance and Contractual Indemnification: Reconciling Competing Indemnity Obligations Wit...
Drafting Indemnification Provisions and Ensuring Adequate Coverage for Contractual Liabili...
October 28, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 indemnificatio...
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Expert Witnesses in Bad Faith and Coverage Litigation
Admitting and Excluding Opinion Testimony: Burden of Proof, Prohibited Subjects, Industry...
October 21, 2020 • CLE • CLE On-Demand, Download
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.
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GDPR and CCPA Insurance Coverage Issues: Disclosure/Deletion Violations, Regulatory Claims...
Insurance Coverage Considerations for Privacy and Data Breaches Under State and Internatio...
September 15, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Crafting Coverage Position Letters and Evaluating Impact of Insurer's Defense Under Reserv...
Avoiding Waiver of Defenses, Establishing Good Faith, Controlling Defense, Preserving Atto...
September 9, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 counsel who advise clients receiving CPLs on their effect. The program will show insurer counsel the n...
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Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Clai...
Navigating Scope of Discovery, Document Production, and Joint Client Exception to and Impl...
August 12, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 informati...
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Primary v. Excess Insurance: Vertical and Horizontal Exhaustion of Policy Limits Priority...
Analyzing the Effect of California Supreme Court's Adoption of Vertical Exhaustion in Mont...
July 29, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Self-Insured Retentions and Deductibles: Key Coverage Issues
Balancing the Impact on Claims Settlement, Policy Limits; Obligations of Excess Insurers a...
July 22, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Insurance Coverage Disputes for Firearms and Shooting Claims: CGL, Homeowners, Auto, Conce...
Understanding the Intentional Acts Exclusion, Specialty Insurance, and Other Complexities
July 15, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 attor...
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Insurance Issues in the Cannabis Industry: Managing Risk Under State and Federal Law
Traditional and Modified Insurance Products; Key Exclusions and Issues; First-Party Proper...
July 8, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 ins...
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Resolving EPL Coverage Disputes: Common Issues and COVID-19 Claims
Understanding EPL Coverage Triggers, Application Errors, Non-Monetary Claims, and Likely C...
June 3, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Confronting Organized Insurance-Fraud Schemes and Sham Claims
Avoiding Payment of Sham Claims, Tools to Deter and Recover from Scheme Leaders, Seeking C...
May 27, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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,...
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COVID-19 and Business Interruption Insurance: Coverage Issues and Exclusions
April 22, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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, Conti...
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Notice for Occurrence and Claims-Made Policies: Navigating Notice of Claim vs. Circumstanc...
Resolving Disputes Over Multifaceted and Complex Notice Issues From Insurer and Policyhold...
March 31, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Litigation: Leveraging Daubert/Frye Admissibility Standards for Expert Testimony...
Distinguishing Daubert vs. Frye Standards, Challenging Expert Reliance on Hearsay Articles...
March 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 thos...
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Demystifying the "Bad Faith Set-Up" in Insurance Litigation
Navigating the Space Between Aggressive Advocacy and Allegations of the So-Called Set-Up
February 26, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 a...
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ALI's 2018 Restatement on Liability Insurance: What Insurance Industry Professionals Need...
The Plain-Meaning Presumption Rule; Triggers of Coverage; Allocation of Long-Tail Claims;...
February 12, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Advocating Allocation of Liability and Exhaustion of Policy Limits: Policyholder and Carri...
Indemnity Allocation Among Multiple Policies and Lines of Insurance, Horizontal vs. Vertic...
February 5, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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 insura...
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Attorney-Client Privilege in Insurance Disputes: Preserving Confidentiality, Meeting Legal...
Waiver and Exceptions to the Privilege, the Tripartite Relationship, and the Role of Couns...
January 22, 2020 • CLE, CLE Ethics • CLE On-Demand, Download
This CLE webinar 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 o...
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Insurance Litigation and Work Product: Obtaining or Protecting Documents in Coverage and B...
Resolving Discovery Over Claims Files, Underwriting Files and Manuals, Other Insureds File...
January 15, 2020 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Biometric Privacy Litigation: Coverage Under D&O, E&O, CGL, Cyber and Other Policies
Advocating Positions From Policyholder and Insurer Perspectives
November 26, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Depreciation of Labor in Property Insurance Claims: Guidance From Recent Cases
Advocating From Insurer and Policyholder Perspectives
October 30, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Noncumulation and Prior Insurance Clauses: Allocating Liability Among Multiple Policies Tr...
Application of Noncumulation Clauses in Pro Rata vs. All Sums Jurisdictions
October 2, 2019 • CLE • CLE On-Demand, Download
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.
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Catastrophe Claims: Insurance Coverage for Natural and Man-Made Disasters
Claim Investigation, Policy Interpretation, Agent and Broker Liability, Major Exclusions,...
September 19, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 gui...
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Insurance Coverage for Food Contamination and Recall Claims Under CGL, Property, and Conta...
Scope of Coverage, Coverage Triggers, Relevant Exclusions and Policy Language Interpretati...
July 31, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 a...
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Insurance Coverage for Fraudulent Email Schemes: Strategies From Insured and Insurer Persp...
Recent Developments After American Tool and Medidata Solutions
July 10, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 busines...
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Insurance Litigation Under Reservation of Rights: Reimbursement of Defense Costs and Contr...
Navigating Scope of Insurer and Insured Duties, Protecting Rights of Both Parties When an...
June 19, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Coverage for Blockchain and Cryptocurrency Risks
D&O, Cyber, CGL, E&O, Commercial Crime, and Property Insurance Coverage
May 29, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 a...
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Insurer's Duty to Indemnify: Scope, Burden of Proof and Evidentiary Considerations
Advocating Complex Indemnification Duty Issues From Insurer and Policyholder Perspectives
May 1, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 de...
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Stacking Commercial Business Insurance Coverage Policies: Insurer and Policyholder Perspec...
Navigating Allocation of Liability Among Multiple Policies Amid Varied Court Interpretatio...
April 24, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 polici...
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Terminating the Duty to Defend: Can the Insurer Extinguish the Duty by Settling Less Than...
Advocating the Defense Obligation From Insurer and Policyholder Perspectives
April 3, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurer's Duty to Defend: Navigating the "Eight Corners" Rule, Withdrawal From an Ongoing...
Advocating Complex Defense Duty Issues From Insurer and Policyholder Perspectives
March 19, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Combating the Bad Faith Set-Up In Insurance Litigation
Strategies to Minimize the Risk of Excess Judgments and Punitive Damages
March 13, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 b...
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Insurance Coverage for Statutory and Liquidated Damages and Attorney Fees: Policyholder an...
Advocating Coverage for Damages and Opposing Attorney Fees Under CGL, EPLI, D&O and E&O Po...
February 26, 2019 • CLE • CLE On-Demand, Download
This CLE webinar 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 cov...
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Professional Services Coverage and Exclusions: Insurer and Policyholder Guidance
Avoiding Gaps, Stacking Coverage, and Negotiating Scope Across Multiple Commercial Insuran...
December 13, 2018 • CLE • CLE On-Demand, Download
This CLE webinar 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 policyh...
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Defeating Phantom Exclusions in D&O and E&O Coverage: Guidance for Policyholders
Overcoming Denials of Coverage Based on Restitution and Disgorgement After U.S. Bank N.A....
July 26, 2018 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Minimizing Bad Faith Insurance Risks in First-Party Property Claims
December 12, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Defense Litigation: Defending Against the Reptile Theory Utilized by Plaintiffs
Preparing Deponents and Witnesses, Conducting Voir Dire, Opening and Closing Arguments, an...
November 7, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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 strategica...
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First-Party Property and Business Interruption Coverage After Hurricanes Harvey and Irma
Flood Exclusions, Concurrent Causation, Business Interruption Losses, and Off-Premises Tim...
October 25, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will discuss coverage disputes arising from natural disasters like Hurricane Harvey and Irma under commercial first-party property policies, including coverage for losses due to business interruptions at the insured site and off-premises damage causing loss for the insured. The prog...
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Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims
October 18, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide a balanced program of 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 arising from the insurer's conduct during the claims investigation and claims se...
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Insurance Defense Costs: Allocation in Mixed Actions, Recoupment for Non-Covered Claims, I...
Maximizing Recovery or Limiting Exposure for Defense Costs
July 26, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance-Related Class Actions: Strategies for Class Certification, Dispositive Motions a...
Pursuing or Defending Actions Over Insurance Products or Claims Handling
June 20, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurer's Duty to Defend: Pre-Tender Costs, Target Tender Issues, Non-Covered Claims and P...
Resolving Defense Cost Reimbursement and Allocation Disputes for Policyholders and Insurer...
June 14, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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, amon...
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Social Media Admissions in Insurance Litigation: Investigative Strategies, Spoliation Warn...
Finding and Obtaining Evidence Adverse to Opponents From Twitter, Instagram, Facebook, You...
June 7, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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/policy...
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Insurance SIRs and Deductibles: Impact on Satisfaction of SIRs, Policy Limits, Duty to Def...
Advocating Coverage Positions From Perspectives of Insureds and Insurers in CGL, Professio...
May 24, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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 pol...
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Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities
Protecting Subrogation Rights, Negotiating Subrogation Waivers, Indemnities and Settlement...
May 2, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Policyholder's Duty to Cooperate: Advocating or Defending Against Loss of Coverage for Bre...
Navigating Scope of the Duty, Privilege Issues, Settlement, and Consequences of Insured's...
March 23, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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 clai...
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Insured/Third-Party Settlements and Consent Judgments After Insurer Denies Coverage
Navigating Collusive Settlements Between Insureds and Third-Party Claimants and Their Impa...
March 15, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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 practitione...
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Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bi...
Developing Winning Pre-Trial Tactics for Policyholders and Insurers
March 2, 2017 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Navigating Insurance Bad Faith Claims Involving Additional Insureds and Defense-Within-Lim...
Insurer and Insured Perspectives on Bad Faith Risks and Pitfalls With AIs and Exhaustion o...
December 6, 2016 • CLE • CLE On-Demand, Download
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...
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Discovery of Insurance Reserves, Reinsurance, and "Other Claims" Files in Coverage and Bad...
Navigating Relevancy, Privilege and Work Product, Burdensome Objections: Policyholder and...
November 8, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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 d...
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Analyzing D&O and E&O Coverage for Data Breach and Privacy Litigation and Regulatory Inves...
Insurer and Policyholder Approaches to Resolving Coverage Disputes
October 25, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Policy Rescission: Navigating the Differing Legal Standards Underlying a Misrepr...
Advocating the Policyholders Duty of Disclosure vs. the Insurer's Duty to Investigate
October 13, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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 policyholde...
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Insurance Bad Faith Trial Strategies: Case Evaluation, Jury Themes and Bifurcation
Developing Winning Trial Tactics for Plaintiffs/Policyholders and Insurers
July 19, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Broker Liability to Policyholders for Denied Claims: Latest Case Law Development...
Navigating the Evolving Scope and Breadth of a Broker's Duties and Obligations
May 11, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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 ce...
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Insurance Litigation: Getting Social Media, Internet and Other Electronic Evidence Authent...
Overcoming the Hurdles of Relevance, Reliability, Hearsay and Privacy, Balancing Ethical a...
March 15, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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 mu...
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Insurance Bad Faith Claims: Expanding Scope of Insurers Liability From Policyholder and In...
Evolving Liability Theories, Institutional Claims, Attorney-Client Privilege and Punitive...
February 2, 2016 • CLE • CLE On-Demand, Download
This CLE webinar 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 liabi...
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Attorney-Client Privilege in Broker-Policyholder Communications: Maintaining or Attacking...
Navigating Privilege Waiver, Common Interest Doctrine, Claims Assistance Agreements and Mo...
December 10, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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 policyhol...
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Insurer's Bad Faith Liability in the Absence of Coverage: First-Party and Third-Party Clai...
Advocating or Defending Extra-Contractual Claims for Improper Claims Handling
September 9, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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 cov...
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Insurer's Breach of Duty to Defend: Navigating Divergent Court Rules on the Subsequent Rig...
Insurer and Policyholder Perspectives on the Loss or Preservation of Policy Defenses After...
September 2, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Construing Insurance Policy Language: Doctrine of Reasonable Expectations, Illusory Covera...
Leveraging Policy Interpretation Arguments for Insurers and Policyholders
August 12, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims
Methods of Allocation Among Insurers and Allocation to Insured for Uncovered Claims or Pol...
July 29, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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 ins...
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Bad Faith Insurance Litigation: Scope of Extra-Contractual Damages
Advocating For or Defending Against Consequential and Punitive Damages in First- and Third...
July 22, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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 reco...
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ESI in Insurance Litigation: Preparing for FRCP Amendments on Proportionality and ESI Mana...
E-Discovery Strategies for Insurance Companies and Policyholders
June 24, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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 san...
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Insurance Bad Faith: Pitfalls for Insurers in the Investigation of Coverage Claims
Strategies for Insurers to Avoid or Mitigate Liability and Policyholders to Prove Bad Fait...
January 14, 2015 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Triggering the Insurer's Duty to Defend: What Qualifies as a Suit Seeking Damages?
Advocating Coverage Positions From the Policyholder and Insurer Perspectives
November 24, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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, f...
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Summary Judgment Cross-Motions in Insurance Coverage Litigation: Sound Strategy or Landmin...
Weighing the Pros and Cons from Policyholder and Insurer Perspectives
November 19, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Claims: Privilege and Work Product Challenges After TransCanada and Cedell
Navigating Discovery Requests and the Applicability of the Privilege in Insurance Litigati...
November 12, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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 priv...
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Fidelity Bonds: Advocating Direct Loss from Employee Theft, Fraudulent Transactions and Ot...
Navigating the Scope of Coverage From Policyholder and Insurer Perspectives
October 8, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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 p...
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Advertising Injury Coverage: Arguing Positions for False Advertising, Product Disparagemen...
Policyholder and Insurer Perspectives on the Scope of Coverage and Policy Exclusions Under...
August 20, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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...
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Insurance Litigation: Navigating Complex HIPAA Privacy Rules in the Discovery of Key Medic...
Complying With Federal and State Laws on HIPAA Authorization Forms, Subpoenas, Discovery R...
July 9, 2014 • CLE • CLE On-Demand, Download
This CLE webinar 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, includin...
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Insurance Coverage Disputes: Leveraging Extrinsic Evidence
Determining Duty to Defend, Resolving Policy Ambiguities, and Clarifying Coverage Under In...
December 11, 2013 • CLE • CLE On-Demand, Download
This CLE webinar 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 r...
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CGL Contractual Liability Exclusion in Flux: Insurer and Policyholder Perspectives
Grappling with the Expanding Exclusion for Construction and Commercial Contracts
October 23, 2013 • CLE • CLE On-Demand, Download
This CLE webinar 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-con...
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Climate Change and Insurance: Recent Litigation and Regulatory Developments
Navigating the Impact of Climate Change on Coverage Issues, Green Insurance, Supply Chains...
April 25, 2013 • CLE • CLE On-Demand, Download
This CLE webinar 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 issu...
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All-Sums-With-Stacking Rule: Landmark Stringfellow Decision
Analyzing the Impact of the California Supreme Court’s Ruling on Trigger of Coverage, Stac...
September 12, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Insurer's Duty to Defend: Resolving Defense Cost Issues
Best Practices for Cost Reimbursement and Allocation
August 9, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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, amon...
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Allocation of Liability for Continuous Damage Losses: All Sums v. Pro Rata
Best Practices for Policyholders and Insurers to Allocate Indemnity and Expenses
April 18, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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 methodologie...
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Property Insurance Claims with Multiple Causation Losses: Coverage Fundamentals
Evaluating Causation in First-Party Claims with Covered and Non-Covered or Excluded Causes
April 5, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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 n...
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Business Interruption Coverage: Maximizing Coverage or Limiting Liability Exposure
Resolving Disputes Over Period of Indemnity, Contingent Business Interruption, Civil Autho...
March 14, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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 a...
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Notice of Claims in Claims-Made Insurance Policies
Identifying Claims; Evaluating Whether and When to Report
February 22, 2012 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Insurers' Reporting Obligations Under Medicare Medicaid SCHIP Extension Act
Complying with MMSEA Requirements for Non-Group Health Plan Payers
September 22, 2011 • CLE • CLE On-Demand, Download
This CLE webinar 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 li...
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Settlement Conflicts in Concurrent Coverage
Resolving Coverage and Allocation Issues Among Multiple Insurers
April 12, 2011 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Allocating Deductibles and Self-Insured Retention
Scope of Coverage Strategies for Policyholders and Insurers
February 2, 2011 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Insurance Subrogation Challenges for Insurers and Policyholders
Strategies for Determining Subrogation Rights and Effectively Apportioning Recovery
November 16, 2010 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Bad Faith in the Investigation of Insurance Claims
Strategies for Pursuing and Defending Allegations of Insurer Misconduct
July 29, 2010 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Insurance Coverage for Green Building: CGL, E&O and Property
Anticipating Liabilities and Coverage Risks in Sustainable Building
April 21, 2010 • CLE • CLE On-Demand, Download
This CLE webinar 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.
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Excess Insurance Disputes Among Policyholders and Primary and Excess Insurers
Allocating Multiple Layers of Coverage in the Wake of Qualcomm
December 17, 2009 • CLE • CLE On-Demand, Download
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.
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Insurance Coverage for Data Security Breaches
Evaluating Policy Options, Overcoming Coverage Challenges, Analyzing Litigation Trends
October 21, 2009 • CLE • CLE On-Demand, Download
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.
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All Sums v. Pro Rata: Allocating Damages in Insurance Claims
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
September 29, 2009 • CLE • CLE On-Demand, Download
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...
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Bad Faith in Insurance Claims
Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct
July 15, 2009 • CLE • CLE On-Demand, Download
The teleconference/webinar 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...
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D&O and E&O Insurance Claims in the Economic Downturn
Litigating Claims, Assessing and Renegotiating Current Policies, and Optimizing Future Cov...
June 4, 2009 • CLE • CLE On-Demand, Download
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.
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The Tripartite Relationship in Insurance: Ethical Dilemmas and Coverage Complexities
Strategies to Navigate the Conflicts of Interest Minefield
May 5, 2009 • CLE • CLE On-Demand, Download
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.
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Contested Insurance Coverage: Defense Under Reservation of Rights
Strategies to Reconcile Policyholders’ and Insurers’ Competing Interests
April 2, 2009 • CLE • CLE On-Demand, Download
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...
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California's Landmark Insurance Ruling in the Stringfellow Litigation
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
March 4, 2009 • CLE • CLE On-Demand, Download
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.
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Climate Change and Insurance: Anticipating Liabilities and Coverage Risks
Strategies to Obtain and Deny Coverage Related to Global Warming Claims
January 29, 2009 • CLE • CLE On-Demand, Download
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.
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