Insurer’s Duty to Defend: Navigating Flexibility in the “Eight Corners” Rule, Withdrawal from an Ongoing Defense and More
Advocating Complex Defense Duty Issues From Insurer and Policyholder Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss three important aspects of a liability insurer’s duty to defend: (1) determining an insurer’s duty to defend from pleadings and other sources; (2) circumstances when an insurer can withdraw from a defense; and (3) sometimes overlooked issues where there is collusion in the insurer-insured-claimant relationship. The program will look at how various jurisdictions interpret these thorny issues and best arguments from the perspective of both insurers and policyholders.
- Determining the duty to defend under the “eight corners” rule and beyond.
- An insurer’s withdrawal from an ongoing defense.
- The role of collaborative efforts by the parties interested in a liability policy to influence defense or coverage outcomes.
The panel will review these and other key issues:
- What standards are courts applying to determine the duty to defend? What strategies are available to the insurer and the policyholder when information outside of the liability policy and the pleadings potentially affects whether a duty to defend exists?
- Under what circumstances can a defending insurer terminate that defense if circumstances change? What can an insured do to protect itself if an insurer is trying to withdraw a defense?
- Are there any circumstances where it is permissible for an insured and a claimant or an insurer and a claimant to cooperate to influence defense or coverage obligations? What can the parties do to protect their interests if those interests will be affected by the cooperation between other parties?
Kirsten C. Jackson, Esq.
Kasowitz Benson Torres
Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of dollars in... | Read More
Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of dollars in insurance coverage for clients under CGL, professional liability, D&O liability, E&O liability, and life insurance. Ms. Jackson is experienced in all stages of litigation and non-adversarial dealings with insurers, including coverage analysis and advising, claims correspondence, mediations, pleadings, written discovery, document production, depositions, motion practice, trial preparation, and settlement.Close
Alan P. Jacobus
Lafayette & Kumagai
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.Close