Interested in training for your team? Click here to learn more

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 2, 2022

Recorded event now available

or call 1-800-926-7926

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.


A tender for defense or indemnity is a powerful tool. Yet, policyholders and insurers often give short shrift to identifying additional indemnitors beyond the policy issued to a named insured, frequently missing opportunities to shift their liability to a third party.

The key to a successful tender is to gather necessary information concerning the insured's contractual relationships with third parties and insurance that may be available to make good those indemnity undertakings and to do so in a timely fashion.

Tender letters should focus on the claim made against the tendering party and the language in the contract, statute, or case law that sets forth the indemnity obligation. Once made, counsel must keep track of them.

When responding to a tender, insurers must carefully analyze precisely what is required by the indemnification provision and what the indemnitor's obligations are. If an insurer elects to accept a tendered defense, its response should clearly set forth any limitations to the defense or issues upon which the insurer is reserving rights to avoid later controversies due to misplaced expectations as to the losses that will be paid by a party accepting a tender. However, there are many reasons to accept tenders including reduction of costs and increases in litigation efficiencies.

Listen as our experienced panel of insurance coverage attorneys examines how to perfect tenders for maximum effectiveness and risk transfer and reviews what carriers can and should do when responding to tenders made to their insureds.



  1. Why risk transfer?
  2. Indemnity clauses
  3. “Additional insured” coverages
  4. Key “additional insured” endorsements
  5. Legal issues
  6. Reconciling overlapping insurance available to additional insureds
  7. Claims handling issues presented by additional insureds
  8. Strategies for responding to tenders


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?


Aylward, Michael
Michael F. Aylward

Morrison Mahoney

Mr. Aylward chairs the firm's complex insurance claims resolution group. For the past four decades, he has...  |  Read More

Harris, Eliot
Eliot M. Harris

Williams Kastner

Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general...  |  Read More

Testa, Wendy
Wendy D. Testa

Wilson Elser

Ms. Testa is a co-chair of the firm’s Complex Tort & General Casualty and Design Professional practices. She...  |  Read More

Tranen, Daniel
Daniel E. Tranen

Wilson Elser

Mr. Tranen is an accomplished litigator who has handled matters across the litigation spectrum throughout the U.S....  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video