Insurance Defense Costs: Allocation in Mixed Actions, Recoupment for Non-Covered Claims, Independent Counsel Fees

Maximizing Recovery or Limiting Exposure for Defense Costs

A live 90-minute CLE webinar with interactive Q&A


Wednesday, July 26, 2017 (in 3 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will discuss defense cost coverage issues, including allocating costs in mixed actions, the insurer’s right to recoup defense costs for non-covered claims, the insurer’s obligation to pay defense fees for insured’s independent counsel, and the insurer’s right to limit reimbursement through billing and litigation management guidelines.

Description

The insurer’s duty to pay defense costs is frequently subject to dispute and litigation. One of the most commonly disputed issues includes the insurer’s extra-contractual right to recoup defense costs for underlying claims that are ultimately determined to not be covered.

And, the long-running coverage battle persists between insurance companies and policyholders on the allocation of defense costs between covered and uncovered claims and parties.

Other disputed issues include the insured’s right to reimbursement for defense costs incurred by retaining independent defense counsel and the insurer’s right to limit reimbursement through billing and litigation management guidelines.

Listen as our authoritative panel of insurance practitioners guides you through recent trends involving coverage for and recoupment of defense costs. The panel will discuss recent case law, as well as arguments for both policyholders' and insurers' positions regarding these issues and best practices for resolving disputes regarding these issues.

Outline

  1. Extra-contractual recoupment of defense costs by insurer
    1. Claims in underlying litigation ultimately found not covered
  2. Covered vs. non-covered claims or parties
    1. Allocation of defense costs
  3. Independent counsel paid for by insurer
    1. Reservation of rights
    2. Conflicts of interest
    3. Other scenarios
  4. Compliance with billing and litigation management guidelines

Benefits

The panel will review these and other key issues:

  • What is the insurer’s right, if any, to apportion or allocate defense costs incurred by the insured in a “mixed action?”
  • What are best practices for allocating defense costs among covered and uncovered claims or parties?
  • What legal rationale best supports the insurer’s right to reimbursement of defense costs for uncovered claims?
  • Under what circumstances must the insurer cover the defense fees incurred by independent counsel retained by the policyholder?

Faculty

William T. Barker, Senior Counsel
Dentons, Chicago

Mr. Barker focuses his practice in the area of complex commercial insurance litigation, including coverage, claim practices, sales practices, risk classification and selection, agent relationships, and regulatory matters. In addition to handling complex litigation, he counsels clients on insurance issues. He also advises and litigates on matters of lawyers' professional responsibility.

Helen K. Michael, Partner
Kilpatrick Townsend & Stockton, Washington, D.C.

Ms. Michael has over 20 years’ experience in complex commercial litigation, with emphasis on insurance coverage disputes. She has handled high-stakes cases in a wide variety of coverage areas including products liability, intellectual property claims, construction defect claims, and numerous others. Ms. Michael also has substantial experience in class action practice.

Sherilyn Pastor, Partner
McCarter & English, Newark, N.J.

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters. 


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

Very convenient, quick and thorough, with no wasted time.

James O'Gallagher

Kopka Pinkus Dolin Eads

The webinar provided a very thorough analysis of an area of the law I am currently navigating.

Joseph Ferino

Drinker Biddle & Reath

The speaker's use of practical examples and not just talking about legal concepts, was very good.

Jeffrey Kaplan

Gaglione, Dolan & Kaplan

The program topic was very timely.

Rita Barker

Wyche Burgess Freeman & Parham

Strafford’s program was fast-paced, full of information and easy to follow.

Kathleen Duggan

Ropers, Majeski, Kohn & Bentley

or call 1-800-926-7926

Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Director

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.

Partner

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Weimer & Weeding

Sandra I. Weishart

Partner

Hinshaw & Culbertson

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.