Insurability of Punitive Damages in Civil Litigation: Reducing Uncertainty of Coverage and Insurer Duties
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will review the wide variety and range of answers to the complex and increasingly important issues of whether and under what circumstances a commercial general liability or other policy will cover an award of punitive damages against the insured. The program will also discuss best strategies for analyzing this coverage issue.
Outline
- Policy language
- Jurisdictional treatment of insurability
- Rationales for and against insurability
- Practical considerations
- Questions
Benefits
The panel will review these and other pivotal issues:
- What factors influence the insurability of punitive damages?
- Can plaintiffs plead into coverage?
- How does insurability affect settlement decisions?
- Does insuring punitive damages benefit the wrongdoer or society?
Faculty
Professor Rachel Janutis
Dean and Professor
Capital University Law School
Dean and Professor Janutis teaches courses on civil procedure, remedies, complex litigation and conflict of laws. Her... | Read More
Dean and Professor Janutis teaches courses on civil procedure, remedies, complex litigation and conflict of laws. Her areas of research include civil procedure, remedies and complex litigation, specifically issues pertaining to jurisdiction, venue and punitive damages. Her casebook, Cases and Problems on Remedies, of which she is a co-author, has been adopted by numerous law schools across the country.
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Amanda M. Leffler
Partner
Brouse McDowell
Ms. Leffler serves as Chair of Brouse McDowell’s Insurance Recovery Practice Group. As a member of one of the... | Read More
Ms. Leffler serves as Chair of Brouse McDowell’s Insurance Recovery Practice Group. As a member of one of the most experienced insurance coverage groups in the nation, she is successful in compelling insurers to honor their coverage obligations. Ms. Leffler has helped her clients recover amounts ranging from hundreds of thousands to hundreds of millions of dollars, and has assisted in critical amicus efforts to develop and protect the law for the benefit of policyholders. She provides her clients with a specialized claim and litigation approach, designed to help clients efficiently obtain favorable results in all aspects of the process – from claim submission through the resolution of disputes in litigation. Ms. Leffler has extensive experience in numerous types of coverage disputes, including general liability, property and business interruption, construction, directors & officers, cyber, professional liability, asbestos, and environmental liability.
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Daniel I. Wolf
Partner
Gilbert
Mr. Wolf focuses his practice on resolving complex insurance coverage issues for policyholders. Leveraging over a... | Read More
Mr. Wolf focuses his practice on resolving complex insurance coverage issues for policyholders. Leveraging over a decade of experience litigating and negotiating with insurers, he works closely with clients to develop and implement strategies to maximize their insurance recoveries. He also counsels clients on risk management and insurance procurement issues. His practice is particularly focused on D&O insurance–where he draws on his prior experience litigating securities fraud and derivative lawsuits at a New York firm–as well as other financial lines of coverage (including E&O, fiduciary, EPL, cyber, and transactional risk insurance), topics on which he writes and speaks regularly.
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