Contested Insurance Coverage: Defense Under Reservation of Rights
Strategies to Reconcile Policyholders’ and Insurers’ Competing Interests
Recording of a 90-minute CLE webinar with Q&A
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 presented.
- Insurer’s duty to defend when legitimate defenses exist
- Defend under reservation of rights
- File declaratory judgment against policy
- Refusal to defend
- Additional considerations
- Importance of applicable law
- State laws
- Role of extrinsic evidence
- Policyholders’ response
- Challenging declaratory judgment action
- Bad faith claim
The panel will review these and other key questions:
- What are an insurer's key considerations in deciding whether to file a declaratory action to dispute coverage?
- What are the prevailing state law standards governing the insurer's duty to defend — and when an insurer can file a declaratory action?
- What are the best practices for both sides to reconcile their competing interests when they don't agree about extent of coverage?
- What ethical issues arise when an insurer representing a policyholder hires counsel in a liability matter?
John E. Heintz
Kelley Drye & Warren
He chairs the firm's Insurance Recovery Practice and has nearly 30 years of experience in corporate insurance coverage... | Read More
He chairs the firm's Insurance Recovery Practice and has nearly 30 years of experience in corporate insurance coverage and other complex, multiparty litigation. He represents clients to secure coverage for asbestos, lead, environmental contamination, class action discrimination, directors’ and officers’ liabilities, and medical product liability claims.Close
Kenneth E. Ryan
He represents insurers in coverage matters, litigates insurance coverage and other commercial litigation cases, and... | Read More
He represents insurers in coverage matters, litigates insurance coverage and other commercial litigation cases, and advises clients on developments impacting the insurance industry. He also assists insurance clients to develop practices, procedures and policy language to avoid future coverage disputes and bad faith claims.Close
Robert M. Fineman
He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation... | Read More
He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. He handles matters involving coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters.Close
Gilbert & Oshinsky
He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling... | Read More
He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling clients nationwide on insurance coverage and related matters. He handles insurance matters, including advertising liabilities, broker’s liability, business interruption, construction defects, directors and officers, employment issues, and environmental liability.Close
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