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... Read More

This CLE webinar will provide counsel with a review of the rights and obligations of the policyholder and the insurance company regarding settlement, the insurance company's liability for verdicts in excess of policy limits, actions insurance companies can take to reduce exposure to bad faith claims... Read More

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... Read More

This CLE webinar 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 FR... Read More

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... Read More

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... Read More

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... Read More

This CLE webinar will discuss deposition strategies for both insurers and policyholders in defending or taking the deposition of the claims handler or representative. The program will also review communications between the claims handler and insurance counsel, as well as communications that may come... Read More

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... Read More

This CLE webinar 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... Read More

This CLE webinar 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 key factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proffers t... Read More

This CLE webinar will discuss CGL policy exclusions frequently contested 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 exc... Read More

This CLE webinar will prepare counsel to insurers and policyholders with an analysis of insurer defense trends in bad faith litigation based on wrongful conduct by the third-party plaintiff or first-party policyholder. Specifically, the panel will discuss "bad faith set-up" and fraudulent conduct or... Read More

This CLE webinar 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... Read More

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... Read More

This CLE webinar 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 othe... Read More

This CLE webinar will guide insurance counsel on the increasing application of 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 effectively neutralize them. The panel w... Read More

This CLE webinar 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... Read More

This CLE webinar 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 webinar 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... Read More

This CLE webinar will update insurance counsel on the latest developments in the application of 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 liab... Read More

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 discussed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will... Read More

This CLE webinar 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 webinar will provide insurance counsel with a review of key issues in horizontal and vertical insurance, the interrelationship between liability of the primary carrier and the excess insurer, and best practices to resolve priority of coverage disputes. Read More

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... Read More

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

This CLE webinar 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 bee... Read More

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... Read More

This CLE webinar 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 wi... Read More

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... Read More

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... Read More

This CLE webinar will provide counsel in insurance cases with a general overview of the evidentiary rules governing the admissibility of expert opinion testimony. The panel will discuss the use of expert testimony in coverage and bad faith suits, as well as the obstacles that a party may face in pre... Read More

This CLE webinar will provide insurance counsel with an analysis of current trends and developments regarding data breach and privacy violation claims and litigation. The program will analyze the current landscape regarding potential insurance coverage under D&O, E&O, and cyber policies. Are the new... Read More

This CLE webinar will provide guidance to policyholder and insurer counsel on the tripartite nature of attorney-client privilege between the insurer, the insured and the attorney representing the insured, and discuss attorney-client privilege as it may apply in any subsequent bad faith claim. The pr... Read More

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... Read More

This CLE webinar will provide insurance counsel with a review of drafting claims and related correspondence, including the policyholder's notice and tender of a claim, and the insurer's response and reservation-of-rights (ROR) letter. The program will focus on critical issues that arise from a defen... Read More

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... Read More

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... Read More

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... Read More

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... Read More

This CLE webinar 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 jur... Read More

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. Read More

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

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... Read More

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... Read More

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. 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 webinar will discuss key insurance coverage issues for food contamination and product recall and claims under CGL, property and contamination policies, the scope of coverage, coverage triggers, relevant exclusions, and policy language interpretation. The program will address both first- and... Read More

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... Read More

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... Read More

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... Read More

This CLE webinar will discuss insurance coverage issues emanating from being an additional insured (AI) under a commercial contract. The program will analyze the scope of AI coverage and key exclusions, how to best obtain AI status, the rights of AIs and corresponding obligations of insurers, and th... Read More

This CLE webinar will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under 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 webinar will provide insurance counsel with a review of the complex rules of discovery for bad faith claims, discuss unique discovery issues that arise in bad faith claims, and offer best practices for both policyholders and insurers to obtain or defend discovery to support their respective... Read More

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... Read More

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

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... Read More

The CLE webinar 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 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... 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 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... Read More

This CLE webinar 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 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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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 regarding stacking of... Read More

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. Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

This CLE webinar will provide insurance counsel with a review of the key differences between claims-made and occurrence policies with respect to providing 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 def... Read More

This program will provide insurance counsel with a thorough examination of the scope of the work product doctrine in general and how it arises in the insurance coverage and bad faith litigation context in particular. The panel will review relevant case law guidance and best practices for resolving t... Read More

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... Read More

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... Read More

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... Read More

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. Read More

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... Read More

This CLE webinar will provide insurance counsel with a review of the scope of varying forms of the pollution exclusion clause in CGL policies, the differing court interpretations of the exclusion, and best arguments for insurers and policyholders for either avoiding or maximizing coverage. Read More

This CLE webinar 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 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... Read More

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... Read More

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... Read More

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. Read More

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... Read More

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. Read More

This CLE webinar 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 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. Read More

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. Read More

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. Read More

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. 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/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... 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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