Insurer's Duty to Defend: Navigating 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 course 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 relevant 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 impacts 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 impacted by the cooperation between other parties?
Eliot M. Harris
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general... | Read More
Mr. Harris' practice focuses on commercial litigation with an emphasis on insurance coverage, including general liability coverage, intellectual property coverage, construction defect coverage, and professional liability coverage. He also is experienced defending lawsuits involving catastrophic personal injuries, environmental toxic tort, intellectual property and product liability matters. He wrote an article for the Business Litigation Committee Newsletter of the ABA, on insurer's duty to defend, The Duty to Defend: What Insurers, Insureds and Their Counsel Need to Know When Faced With a Liability Coverage Dispute.Close
Kirsten C. Jackson
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