Insurer's Duties to Excess Carrier and Bad Faith: Litigating Cooperation, Settlement, and Disclosure
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide counsel through the duties and rights between primary and excess carriers, the primary carrier's potential for extracontractual damages to the excess insurer, and the potential for the excess insurer to incur extracontractual damages for breaching its duties to the primary or the insured. The panel will address solutions to problems that can surface when the primary insurer zealously advocates against liability while trying to accurately discuss risk with the excess carrier.
- Duties owed to excess insurer
- Extra-contractual theories of liability
- Extra-contractual liability for excess carrier
The panel will review these and other key issues:
- What duties are owed to the excess carrier by the insured and the primary carriers?
- When do the duties owed to the excess carrier arise?
- What duties does the excess carrier owe to the other insureds and insurers?
- Are there fact patterns where the primary would be prohibited from fulfilling its duties to the excess carrier?
- Who controls the relevant privileges?
Anthony L. Miscioscia
White and Williams
Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation... | Read More
Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation matters. He is a knowledgeable and experienced coverage attorney and litigator who provides cost-effective, proactive advice to clients in the hopes of avoiding or minimizing litigation, and tenaciously represents clients in suit when needed.Close
Celestine M. Montague
White and Williams
Ms. Montague has a broad range of experience in complex and emerging issues in insurance coverage and commercial... | Read More
Ms. Montague has a broad range of experience in complex and emerging issues in insurance coverage and commercial litigation. She manages complex, multimillion-dollar cases through all facets of litigation, from pre-trial strategy through post-trial relief. Ms. Montague represents insurance companies in state and federal courts nationwide, as well as in various alternative dispute resolution forums, including private arbitrations and mediations.Close