Avoiding Bad Faith Claims from Settlement Negotiations: Coverage Defenses & the Duty to Defend, Settle Claims
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- Primary insurer duties when coverage is doubtful
- Duty to defend
- Duty to settle
- Relationship of primary and excess insurers
- When lack of coverage defenses may excuse settlement
- Importance of reservation of rights letters when coverage issues will be considered toward settlement
Benefits
The panel will review these and other essential issues:
- Whether the duty to settle requires the insurer to initiate settlement
- Whether the insurer can ever consider coverage in its settlement negotiations
- What is the effect of partial coverage?
Faculty
Christopher R. Dunsing
Partner
Langhenry Gillen Lundquist & Johnson
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and... | Read More
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and appellate court levels. He has worked with insurers of all sizes to navigate complex coverage questions in a variety of lines, including primary and excess auto, business owner’s/CGL, property, E&O, construction and builder’s risk policies. While Mr. Dunsing has obtained favorable declaratory judgments for many of those clients in court, the first steps in controlling coverage risks begin well before the courtroom. Mr. Dunsing enjoys counseling insurers on the risks associated with policy language on a macro-level as well as on a case-by-case basis.
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Eliot M. Harris
Member
Williams Kastner
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general... | Read More
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general liability coverage, intellectual property coverage, construction defect coverage, and professional liability coverage. He also is experienced defending lawsuits involving catastrophic personal injuries, environmental toxic tort, intellectual property and product liability matters. He wrote an article for the Business Litigation Committee Newsletter of the ABA, on insurer's duty to defend, The Duty to Defend: What Insurers, Insureds and Their Counsel Need to Know When Faced With a Liability Coverage Dispute.
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Bradley A. Levin
Shareholder
Levin Sitcoff Waneka
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad... | Read More
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes, representing corporate and individual policyholders alike. He argued the leading Colorado case concerning pre-judgment assignment agreements to the state supreme court. Mr. Levin lectures frequently on insurance law topics.
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