Crafting Coverage Position Letters and Evaluating Impact of Insurer's Defense Under Reservation of Rights
Avoiding Waiver of Defenses, Establishing Good Faith, Controlling Defense, Preserving Attorney-Client Privilege
Recording of a 90-minute CLE webinar with Q&A
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 necessity of careful drafting and the risks of waiving coverage defenses. Similarly, they will provide useful information for policyholder counsel regarding how to review, analyze, and if necessary respond to CPLs. The program will discuss critical issues that arise from a defense under an ROR, including the insurer's possible right to reimbursement of defense costs, potential conflicts of interest, control of the defense, and the impact of an ROR on defenses not explicitly waived.
- The requirements of an adequate coverage position letter
- Avoiding claims adjusting and preserving the attorney-client privilege
- Critical issues raised by a defense under an ROR
- Impact of an ROR on defenses not explicitly waived
- Non-waiver agreements
- Non-execution agreements
The panel will review these and other key issues:
- What should a comprehensive ROR letter include, and what issues must the insurer consider?
- How can the policyholder effectively respond to the insurer's agreement to defend under an ROR?
- How do the courts assess arguments that an insurer may or may not be entitled to reimbursement of defense costs for purportedly uncovered claims?
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice... | Read More
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, directors and officers insurance, fidelity and crime-loss policies, internet and high-tech liability insurance issues.Close
Mark D. Herman
Covington & Burling
Mr. Herman advises policyholders on insurance coverage and represents clients in complex commercial litigation and... | Read More
Mr. Herman advises policyholders on insurance coverage and represents clients in complex commercial litigation and arbitration, with a focus on insurance coverage disputes. He has helped clients reach favorable resolutions of a wide variety of insurance claims, including property, business interruption, products liability and mass torts, directors and officers liability (D&O), errors and omissions and professional liability (E&O), cyber, aviation, trade credit, and political risk claims.Close
Todd M. Rowe
Mr. Rowe is Co-Chair of Tressler’s Insurance Practice Group. He practices in the field of insurance coverage and... | Read More
Mr. Rowe is Co-Chair of Tressler’s Insurance Practice Group. He practices in the field of insurance coverage and has represented insurers in litigation and non-litigation disputes. Mr. Rowe regularly advises insurers on complex matters, including the resolution of large claims and claims under specialty and commercial insurance lines throughout the country.Close