Insurer Set-Off and Contribution Rights When Some Insurers Settle and Others Don't: Navigating Allocation, Trigger Theories

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


Thursday, February 16, 2017
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 27, 2017


This CLE webinar will explore the legal implications of a settlement with fewer than all insurers at risk. The program will analyze a non-settling insurer’s right of set-off and contribution and discuss how such a settlement affects all insurers on the risk as well as specific settlement terms that may influence these issues.

Description

The issues of set-off and equitable contribution arise when one or more insurers settle a claim with the policyholder and the non-settling insurers who contested coverage are later found to be liable. How the settlement allocation and settlement credits are applied will, however, depend on the law of the jurisdiction regarding trigger of coverage and allocation of liability.

In pro-rata jurisdictions, allocation may be made as if settlement had not occurred. In all sums jurisdictions, allocation may not favor non-settling insurers since they may be liable up to the policy limits for the entire liability.

Non-settling insurers may seek a settlement credit for the amount that was paid to the policyholder by insurers that did settle. On the other hand, an insurer that settles with the policyholder expects to receive the full benefit of the settlement and not to be sued later by non-settling insurers for contribution.

Listen as our authoritative panel of insurance practitioners analyzes implications of a settlement with fewer than all insurers at risk. The panel will look at the impact on non-settling insurer’s right of set-off and contribution and discuss how the issues impact all insurers on the risk. The panel will also discuss specific settlement terms that may influence these issues.

Outline

  1. Overview of rights of contribution and set-off
  2. Analysis under all sums vs. pro-rata allocation theories
  3. Specific settlement terms
  4. Recent case law developments

Benefits

The panel will review these and other key issues:

  • How do allocation theories impact the allocation of settlement dollars among non-settling insurers?
  • What specific settlement terms may influence the issue of set-off and contribution?

Faculty

Leslie A. Davis, Partner
Crowell & Moring, Washington, D.C.

Ms. Davis concentrates her practice on representing and counseling professional liability and general liability insurers in all aspects of dispute resolution practice, and focuses on insurance coverage litigation at the trial and appellate levels. She also has significant experience representing insurers in policyholder bankruptcy cases, and counseling insurers regarding potential implications raised by prospective or actual policyholder bankruptcy cases. She often works with, and takes leading roles in, joint defense efforts among insurers.

Selena J. Linde, Partner
Perkins Coie, Washington, D.C.

Ms. Linde is a nationally ranked policyholder attorney and has an active trial practice representing policyholders in complex insurance coverage matters. She is a primary author and editor of the Association of Corporate Counsel's A Policyholder Primer on Insurance. She was named by Benchmark Plaintiff as one of the Top 150 Women Litigators in 2014 and three of her cases were recently profiled in Law 360’s write-up of Perkins Coie as Insurance Group of the Year. She represents corporate policyholders in a wide variety of insurance coverage cases and is regularly hired in high profile bankruptcies and by post-bankruptcy trusts to maximize the coverage available to the debtors’ estates, creditors’ committees, and trust beneficiaries.

Dustin Cho
Covington & Burling, Washington, D.C.

Mr. Cho focuses his practice on litigation and investigations, insurance recovery regulatory and public policy and other commercial litigation. He represents his clients in trial and appellate courts, mediations, and arbitrations, and before federal agencies.


Live Webinar

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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.


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*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.

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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.

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Includes Special Savings of $250.00 (through 01/27/17)


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January 27, 2017
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