Insurance Coverage for Claims Alleging Breach of Preexisting Duty: Limitations on the Eaton Vance Rule
Determining the Source of the Insureds Obligation to Pay an Underlying Claim
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss complex issues surrounding insurance coverage for damages related to breach of contract claims and the “Eaton Vance” rule. The panel review the “moral hazard” concerns used to justify the rule and whether the Eaton Vance rule goes further than necessary to protect legitimate insurer interests. The panel will also offer policyholder and insurer strategies to cut through often confusing and imprecisely worded case law when briefing or arguing Eaton Vance coverage issues.
- The Eaton Vance line of cases
- Distinguishing between breach of a preexisting payment obligation vs. breach of other preexisting contractual or statutory duties that can give rise to consequential damages
- Coverage for settlements where the insured's preexisting obligation to the claimant has not been established or admitted
- The "moral hazard" problem and policy wording that can address insurers’ concerns
- Strategies for policyholders
- Strategies for insurers
The panel will review these and other important issues, including:
- What strategies exist for policyholders to prevent erroneous denial or loss of coverage from improper application of the Eaton Vance rule?
- How can insurers protect themselves against the “moral hazard” risk that has been described by courts addressing coverage for claims alleging breach of a pre-existing duty?
Paul R. Koepff
Clyde & Co US
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and... | Read More
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."Close
Creighton K. Page
Mr. Page is Co-Chair of the Insurance Recovery Practice Group. His practice principally focuses on representing... | Read More
Mr. Page is Co-Chair of the Insurance Recovery Practice Group. His practice principally focuses on representing policyholders in lawsuits and ADR proceedings seeking recovery under various lines of property and casualty insurance, including general and umbrella liability insurance, directors and officers (D&O) liability insurance, professional liability (E&O) insurance and business property and business interruption insurance.Close