Insurance Coverage Disputes: Leveraging Extrinsic Evidence

Determining Duty to Defend, Resolving Policy Ambiguities, and Clarifying Coverage Under Insurance Binders

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, December 11, 2013

Recorded event now available

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Program Materials

This CLE webinar will offer counsel a review of the use of extrinsic evidence in insurance coverage disputes to determine the insurer's duty to defend, resolve ambiguities in policies, and clarify the scope of coverage under an insurance binder. The panel will discuss varying court interpretations regarding admissibility of extrinsic evidence and provide arguments from both the insurer and policyholder perspectives.

Description

Extrinsic evidence is critical in insurance coverage litigation, often arising in the context of the insurer’s duty to defend.  Some courts do not allow any extrinsic evidence, while others may admit this evidence for the limited purpose of clarifying the underlying plaintiff’s claims.

Whether extrinsic evidence can be used to resolve policy ambiguities is another open issue. One view is that ambiguity should always be resolved in favor of the insured, and extrinsic evidence is not admissible. Other courts permit extrinsic evidence with sophisticated insureds.

A third scenario is the admissibility of extrinsic evidence to clarify the scope of coverage under an insurance binder.  This issue was litigated in the context of the occurrence definition in the 9/11 World Trade Center litigation, with the court admitting considerable extrinsic evidence.

Listen as our authoritative panel of insurance practitioners guides you through the use of extrinsic evidence in insurance coverage disputes and presents the arguments and perspectives of both insurers and policyholders. The panel will address admissibility of extrinsic evidence in the context of the insurer's duty to defend, policy ambiguities, and the scope of coverage under an insurance binder.

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Outline

  1. Use of extrinsic evidence to determine the insurer's duty to defend
  2. Use of extrinsic evidence to resolve ambiguity in the insurance policy
  3. Use of extrinsic evidence to clarify the scope of coverage under a binder of insurance
  4. Arguments and perspectives from insurers and policyholders

Benefits

The panel will review these and other key questions:

  • How have courts applied the “four corner’s rule” and has this rule been judicially eroded?
  • In jurisdictions where the “four corner’s rule” has not been applied, what are best practices for insurers to protect their interests?
  • What have been recent developments in the consideration of extrinsic evidence to resolve an ambiguous insurance policy?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Jacobs, Matthew
Matthew L. Jacobs

Partner
Jenner & Block

Mr. Jacobs has been successfully litigating insurance coverage matters for more than 25 years. He is a member of the...  |  Read More

Jan A. Larson
Jan A. Larson

Jenner & Block

Ms. Larson is a member of the firm’s Insurance Litigation and Counseling Practice, and has broad experience...  |  Read More

William K. McVisk
William K. McVisk

Shareholder
Johnson & Bell

Mr. McVisk concentrates his practice on complex insurance coverage litigation and hospital law and medical liability....  |  Read More

Britton D. Weimer
Britton D. Weimer

Partner
Jones Satre & Weimer

Mr. Weimer co-chairs the firm’s Insurance Practice Group and the Employment Practice Group. His practice...  |  Read More

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