Insurance Settlement Dilemma: The Policyholder's Right to Settle When Insured and Insurer Disagree
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss what options exist when the insurer and policyholder disagree over how to resolve third-party liability, with an emphasis on the conditions under which a policyholder may settle the claim on its own, the risks of doing so, and its right to indemnity from the insurer.
Outline
- How the issue arises
- Policyholder options and risks
- Insurer options and risks
Benefits
The panel will review these and other key issues:
- Can the insured settle if the insurer is still defending?
- When does the insurer breach its contractual obligations so as to remove its right to rely on the voluntary settlement provision?
- What kind of notice must be given to the insurer before a settlement takes place?
- Must the insured give notice to the insurer if the insurer has denied a duty to indemnify?
Faculty
Scott F. Bertschi
Partner
Clyde & Co US
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He... | Read More
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.
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Charles P. Edwards
Partner
Barnes & Thornburg
Mr. Edwards is a seasoned trial lawyer and insurance claim advocate who is co-chair of the firm’s Insurance... | Read More
Mr. Edwards is a seasoned trial lawyer and insurance claim advocate who is co-chair of the firm’s Insurance Recovery and Counseling practice. He has helped a wide range of businesses and individuals obtain hundreds of millions of dollars of insurance proceeds in his career. Mr. Edwards has secured insurance coverage for lawsuits, construction defects, natural disasters, thefts and other types of losses.
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Diana S. Gliedman
Shareholder
Anderson Kill
Ms. Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in multi-party,... | Read More
Ms. Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in multi-party, multi-issue insurance coverage litigations, with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Employment Practices Liability Insurance and Errors & Omissions/Professional Liability Insurance.
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Peter S. Selvin
Partner
Ervin Cohen & Jessup
Mr. Selvin, Chair of ECJ's Insurance Coverage and Recovery Department, is a business trial lawyer with over 30... | Read More
Mr. Selvin, Chair of ECJ's Insurance Coverage and Recovery Department, is a business trial lawyer with over 30 years of experience. While he specializes in insurance coverage and international litigation, his experience has touched many different areas of law, including real estate, intellectual property, and professional liability disputes. Within those areas, Peter’s practice includes both trying cases and counseling clients to avoid litigation. Chief among his strengths is his ability to counsel clients and help achieve strategic business solutions.
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