Impact of Equitable Doctrines on Insurance Coverage: Overcoming Insurer Defenses and Protecting the Innocent
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss situations in which equity may step in and require insurers to provide coverage under the terms of the policy notwithstanding a breach or lapse of the policy. The panel will review the elements of these equitable doctrines and the circumstances in which they are most likely to succeed, discuss who has the burden of proof to demonstrate the equities, highlight what types of evidence counsel should present to have the best chance of success, and point out pitfalls to avoid.
Outline
- Innocent co-insured/innocent injured doctrine and rescission (e.g., Univ. of Mich. Regents v. Mich. Auto. Ins. Placement Facility, et al (Mich. App. Jan. 13, 2022))
- Equitable reformation (Lowery v. Amguard Ins. Co., Case 22-13738 (11th Cir. Jan. 10, 2024))
- Ambiguous and contradictory endorsements (Kinsale Ins. Co. v. Flyin' Diesel Performance & Offroad L.L.C., Case 23-50336 (5th Cir. pending)
- Notice-prejudice rule, including claims arising before expiration and reported after renewal (Harvard v. Zurich, __ F.4th __ (1st Cir. 2023)
- Equitable subrogation (Century Property & Casualty Ins. Corp. v. McManus & Richter, No. 2022-05445 (N.Y. App. Div. 1st Dep't, Feb. 15, 2024))
- Equitable tolling doctrine
- Failure to preserve evidence as a result of mitigation efforts
- Waiver and estoppel
Benefits
The panel will discuss these and other key issues:
- What is the relationship between equitable defenses and bad faith claims?
- Are some equitable defenses available with respect to certain types of policies?
Faculty
Thomas E. Emala
Partner
McGivney, Kluger, Clark & Intoccia
Mr. Emala is a Partner in MKCI’s Florham Park, NJ office. His practice focuses on litigation, particularly the... | Read More
Mr. Emala is a Partner in MKCI’s Florham Park, NJ office. His practice focuses on litigation, particularly the defense of individuals, businesses, non-profits, and insurance carriers in a variety of contexts. He has extensive experience in defending employment litigation matters, including discrimination and whistleblower claims and other related matters. Mr. Emala's practice includes the defense of public entities and private companies in the defense of sexual abuse and molestation claims, including particularly those arising under the Child Victims Act, the Law Against Discrimination, and the Trafficking Victims Protection Reauthorization Act of 2003. His litigation practice is wide-reaching and varied, with significant experience in a wide variety of civil litigation matters. Mr. Emala is a member of MKCI’s Leadership Committee and Client Relations Committee. He devotes a substantial amount of time to training other attorneys, and regularly presents to insurance carriers and other clients on a wide variety of legal topics, including public entity and educational institution liability, construction liability, and construction defect litigation. Mr. Emala also regularly writes on diverse legal topics and publishes articles regarding recent developments in the law.
Close
Rabih Hamawi
Attorney & Counselor
Law Office of Rabih Hamawi
Mr. Hamawi has extensive expertise in insurance coverage, business negotiations, and commercial litigation. He focuses... | Read More
Mr. Hamawi has extensive expertise in insurance coverage, business negotiations, and commercial litigation. He focuses his practice on representing businessowners, homeowners, property owners, and other insurance policyholders in fire, property damage, and insurance-coverage disputes with insurance companies and in errors-and-omissions cases against insurance agents. Mr. Hamawi has successfully litigated hundreds of cases against insurance companies and insurance agents, and recovered millions of dollars for his clients. He has also litigated cases against residential and commercial builders, restoration companies, and fire repair contractors. He has also litigated cases against towing and storage companies for charging consumers unreasonable and excessive towing and storage costs, and for wrongfully determining vehicles to be abandoned. Mr. Hamawi has also litigated cases involving breach of commercial lease agreements, commercial real estate transactions, commercial purchase agreements, and sales commissions agreements. He has represented insurance agents, financial advisors, stockbrokers, and public insurance adjusters in regulatory or other disciplinary actions initiated by governmental agencies.
Close
Peter S. Selvin
Partner
Ervin Cohen & Jessup
Mr. Selvin, Chair of ECJ's Insurance Coverage and Recovery Department, is a business trial lawyer with over 30... | Read More
Mr. Selvin, Chair of ECJ's Insurance Coverage and Recovery Department, is a business trial lawyer with over 30 years of experience. While he specializes in insurance coverage and international litigation, his experience has touched many different areas of law, including real estate, intellectual property, and professional liability disputes. Within those areas, Peter’s practice includes both trying cases and counseling clients to avoid litigation. Chief among his strengths is his ability to counsel clients and help achieve strategic business solutions.
Close
Thomas Wester
Partner
Goldberg Segalla
Mr. Wester focuses his practice on representing insurers in the investigation and litigation of complex insurance... | Read More
Mr. Wester focuses his practice on representing insurers in the investigation and litigation of complex insurance matters arising out of commercial disputes, construction accidents and defects, trucking and transportation accidents, marine casualty, environmental and long-tail claims, premises liability, and property damage. He has served as special coverage counsel to major insurers in connection with catastrophic weather, and has particular experience defending first-party property claims. Mr. Wester has substantial experience representing clients in all aspects of litigation in New York, New Jersey, and Pennsylvania state and federal courts. He regularly counsels and provides written opinions to primary and excess level insurers concerning a full spectrum of coverage issues involving multiple lines of insurance to help achieve cost-effective resolutions. Drawing from his extensive first-hand experience, Mr. Wester has lectured to peers and industry representatives on the topic of defending first-party property claims and has written about states’ expansion of private causes of action for bad faith.
CloseEarly Discount (through 05/10/24)
Cannot Attend May 30?
Early Discount (through 05/10/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.