Establishing and Challenging Exhaustion of Insurance Policies: Recurring Issues, Factors to Consider, Below Limits Settlements
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review what constitutes exhaustion of an underlying policy, how policyholders can prove it, and how insurers can establish or challenge exhaustion.
- Overview of exhaustion
- Factors to establish exhaustion
- Types of evidence, data, statistics, and other tools to show exhaustion
- Problems encountered in showing exhaustion
- Best strategies for showing exhaustion
The panel will review these and other issues:
- What are some of the recent key decisions on exhaustion?
- How do underlying policy language and wording affect exhaustion?
- What types of experts are needed?
- How is exhaustion shown through loss runs, claims data, and various types of allocations?
- Is exhaustion ever possible with a below-limits settlement under the underlying policies?
Eric B. Hermanson
White and Williams
Mr. Hermanson represents primary and excess insurance carriers in high-exposure litigation on contested coverage... | Read More
Mr. Hermanson represents primary and excess insurance carriers in high-exposure litigation on contested coverage matters. Over a 30-year career, he has litigated more than two hundred cases, and successfully advised on hundreds more, in almost every U.S. state and the District of Columbia. Mr. Hermanson serves as Chair of the ABA Tort Trial and Insurance Practice Section (TIPS), Self-Insurers and Risk Management Committee; Vice-Chair of the ABA TIPS Insurance Coverage Litigation Committee; and past chair of the Boston Bar Association (BBA) Insurance Law Subcommittee. In 2019 he was elected to the American College of Coverage Counsel.Close
Chet A. Kronenberg
Simpson Thacher & Bartlett
Mr. Kronenberg, senior Los Angeles litigator, represents clients in a wide range of complex commercial litigation,... | Read More
Mr. Kronenberg, senior Los Angeles litigator, represents clients in a wide range of complex commercial litigation, including defending clients in consumer, employment, insurance and securities lawsuits, and government investigations. He has served as lead counsel for clients such as Aptive Environmental, Banc of California, Beazley Group, Blackstone, Citibank, KKR, L3 Technologies, LG Display, Lion Capital, Nature Home Flooring, Pinnacle Foods, SiriusXM Radio, Siris Capital, Vivint, Inc., Vivint Solar, Vivo Capital, Whittaker, Clark & Daniels and Yingli. Mr. Kronenberg has been recognized by The Legal 500 in multiple categories, including Securities Litigation, Insurance and Appellate. In addition, he has been named by Benchmark Litigation as a California “Litigation Star” and a “Labor & Employment Star.”Close
Scott M. Seaman
Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded... | Read More
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. He is known for employing his deep knowledge of the law and insurance industry, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. Clients regularly turn to Scott and his team for counsel and representation in challenging and high-stakes insurance and business matters. Mr. Seaman has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, viruses and pandemics, representations and warranties, transactional insurance, social unrest, ESG, climate change, and other emerging issues, as well as a wide-range of case-specific and portfolio issues. He also has handled a variety of challenging international, professional liability, health/life science, director and officer liability, tort and product liability, and business and commercial cases.
He was named to the inaugural list of Midwest Trailblazers by The American Lawyer magazine for his "high-profile, complex insurance coverage cases nationwide, which resulted in precedent setting rulings that have altered insurance law." He is co-author of Allocation of Losses in Complex Insurance Coverage Claims (11th Ed. 2023) He is ranked Band I by Chambers USA.Close