Control of the Defense When Insurer Has Issued an ROR: Insurer v. Policyholder Rights
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide policyholders, insurers, and their counsel with an understanding of the critical issues that affect the insurer's right to control the defense when defending under a reservation of rights (ROR), how the issues are addressed by different state laws and courts, and strategies and best practices for both policyholder and insurer.
Outline
- Insurer's right to control defense
- Policyholder rights when faced with a defense under ROR
- Insurer duties when defending under a ROR
- Strategies for insurers
- Strategies for policyholders
Benefits
The panel will review these and other key issues:
- What is the difference between the duty to defend and the duty to advance?
- Does an insurer lose its right to control the defense of its insured if it fails to provide the insured with a defense immediately after its duty to defend is triggered?
- What happens if the insurance company denies a defense and then changes its mind after separate counsel is selected?
- When does the policyholder have a right to independent counsel and what does that mean?
Faculty
Scott F. Bertschi
Partner
Clyde & Co US
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He... | Read More
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.
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Colin M. Bruns
Shareholder
Fabyanske, Westra, Hart & Thomson
Mr. Bruns practice areas include Construction, Commercial Litigation, Mechanic’s Lien and Bond Claims,... | Read More
Mr. Bruns practice areas include Construction, Commercial Litigation, Mechanic’s Lien and Bond Claims, Insurance Coverage Disputes Mediation, Arbitration and Litigation of Disputes, Contract Drafting, Review and Negotiation and Real Estate Litigation.
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Charles P. Edwards
Partner
Barnes & Thornburg
Mr. Edwards is a seasoned trial lawyer and insurance claim advocate who is co-chair of the firm’s Insurance... | Read More
Mr. Edwards is a seasoned trial lawyer and insurance claim advocate who is co-chair of the firm’s Insurance Recovery and Counseling practice. He has helped a wide range of businesses and individuals obtain hundreds of millions of dollars of insurance proceeds in his career. Mr. Edwards has secured insurance coverage for lawsuits, construction defects, natural disasters, thefts and other types of losses.
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