Insurance Litigation Under Reservation of Rights: Reimbursement of Defense Costs and Control of Defense

Navigating Scope of Insurer and Insured Duties, Protecting Rights of Both Parties When an Insurer Reserves

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


Conducted on Tuesday, September 27, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under reservation of rights, how different state laws and courts treat the issues, and best practices for both parties to protect their rights and resolve disputes.

Description

A defense under a reservation of rights raises numerous issues that both policyholder and insurer counsel must consider and respond to appropriately.

Critical issues raised include the insurer’s right to reimbursement of defense costs if it later prevails on the coverage issue, and potential conflicts of interest, control of the defense and the effect of a ROR on defenses not specifically waived.

State statutes and court decisions are crucial in determining the insurance company’s and the policyholder’s rights when the duty to defend is under dispute. Both parties must understand the standards for the relevant state or states.

Listen as our panel of policyholder and insurer counsel discusses the critical issues that counsel must consider when the insurer agrees to provide a defense under reservation of rights, how different state laws and courts treat the issue, and best practices for both parties to protect their rights and resolve disputes.

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Outline

  1. Preserving rights in an ROR letter
  2. Policyholder rights when faced with a defense under ROR
  3. Insurer duties when defending under an ROR
  4. Insurer’s subsequent withdrawal of defense
  5. Reimbursement of defense costs for uncovered claims

Benefits

The panel will review these and other key issues:

  • What should a comprehensive reservation of rights letter include and what issues must the insurer consider?
  • How can the policyholder effectively respond to the insurer’s agreement to defend under reservation of rights?
  • How do the courts determine whether the insurer may be entitled to reimbursement of defense costs for uncovered claims?

Faculty

David Borovsky
David Borovsky
Becherer Kannett & Schweitzer

Mr. Borovsky focuses his practice on representing insurers and providing coverage advice in a wide range issues for...  |  Read More

Garbowski, Mark
Mark Garbowski

Shareholder
Anderson Kill

Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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