Insurance Coverage, Risk Transfer, and Successful Tenders: Maximizing Limits and Reducing Risk of Excess Liability
Accessing Broader Claim Coverage, Reducing Impact on Claim History, Sharing Losses and Expenses
Recording of a 90-minute CLE video webinar with Q&A
The CLE course will examine how to issue tenders of defense or indemnity that effectively transfer risk to third parties and their insurers as well as strategies for responding to tenders. The panel will discuss identifying who owes defense or indemnity, understanding the obligations under various contracts, statutes, or common law, and carefully and timely describing the claim to maximize risk transfer. The program will also review what carriers can and should do when responding to tenders made to their insureds.
Outline
- Why risk transfer?
- Indemnity clauses
- “Additional insured” coverages
- Key “additional insured” endorsements
- Legal issues
- Reconciling overlapping insurance available to additional insureds
- Claims handling issues presented by additional insureds
- Strategies for responding to tenders
Benefits
The panel will discuss these and other key issues:
- Is the duty to defend analysis the same as in an insurance context?
- What is the effect of anti-indemnity statutes?
- What will give your tender "teeth"?
- How does a claimant's status as a putative additional insured affect an insurer's duty to defend claims that may otherwise be covered as a suit against the named insured?
- What are the CGL endorsements that typically govern additional insured claims?
- Do contractual liability exclusions limit an insurer's duties?
- Is coverage counsel the best choice for issuing tenders?
Faculty
Michael F. Aylward
Partner
Morrison Mahoney
Mr. Aylward chairs the firm's complex insurance claims resolution group. For the past four decades, he has... | Read More
Mr. Aylward chairs the firm's complex insurance claims resolution group. For the past four decades, he has represented insurers and reinsurers in disputes around the country concerning the application of liability insurance policies to commercial claims involving intellectual property disputes, environmental and mass tort claims and construction defect litigation as well as bad faith claims arising out of such disputes. Mr. Aylward has also served as an AAA-certified arbitrator in numerous insurance coverage matters and has testified as an expert in matters involving coverage and reinsurance issues arising out of such claims. He has taken a leading role in the major defense bar associations, including DRI, FDCC and IADC and is a founding member and Immediate Past-President of the American College of Coverage Counsel, a peer-reviewed group of the pre-eminent insurance lawyers in the United States and Canada.
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Eliot M. Harris
Member
Williams Kastner
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general... | Read More
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general liability coverage, intellectual property coverage, construction defect coverage, and professional liability coverage. He also is experienced defending lawsuits involving catastrophic personal injuries, environmental toxic tort, intellectual property and product liability matters. He wrote an article for the Business Litigation Committee Newsletter of the ABA, on insurer's duty to defend, The Duty to Defend: What Insurers, Insureds and Their Counsel Need to Know When Faced With a Liability Coverage Dispute.
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Wendy D. Testa
Partner
Wilson Elser
Ms. Testa is a co-chair of the firm’s Complex Tort & General Casualty and Design Professional practices. She... | Read More
Ms. Testa is a co-chair of the firm’s Complex Tort & General Casualty and Design Professional practices. She focuses her legal practice on risk management services, defense and insurance coverage litigation in the areas of professional liability, including architects/engineers, brokers/agents and accountants; construction/construction defect; product liability; transportation/trucking; and contract drafting, negotiating and risk transfer disputes.
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Daniel E. Tranen
Partner
Wilson Elser
Mr. Tranen is an accomplished litigator who has handled matters across the litigation spectrum throughout the U.S.... | Read More
Mr. Tranen is an accomplished litigator who has handled matters across the litigation spectrum throughout the U.S. during his 18-year legal career. His practice ranges from the defense of entities in mass tort and single-claim product liability matters, class actions and insurance coverage matters to employment, transportation, environmental, toxic torts and commercial litigation disputes. Mr. Tranen is a recurrent speaker and author on many of these topics.
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