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 video 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 address arguments raised by 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 impact whether a duty to defend exists?
- Under what circumstances can a defending insurer terminate that defense if circumstances change?
- 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?
Ms. Khambatta has spent the last 20 years representing insurers and reinsurers in every aspect of their business,... | Read More
Ms. Khambatta has spent the last 20 years representing insurers and reinsurers in every aspect of their business, including claims counseling, litigation and arbitration, premium disputes and policy drafting. She is adept at handling coverage disputes involving commercial, primary, umbrella, excess and surplus lines policies, including providing clients with guidance on litigating bad faith, fraud and other extra-contractual claims. Ms. Khambatta has extensive experience litigating long tail environmental claims, construction defect claims and professional liability claims.Close
Elaine Whiteman Klinger
Ms. Klinger is a Partner in the Philadelphia office and has extensive experience in handling commercial litigation... | Read More
Ms. Klinger is a Partner in the Philadelphia office and has extensive experience in handling commercial litigation matters in both federal and state trial and appellate courts throughout the United States.Close
John D. LaBarbera
Mr. LaBarbera's practice focuses on representing clients in all aspects of the insurance and reinsurance... | Read More
Mr. LaBarbera's practice focuses on representing clients in all aspects of the insurance and reinsurance business, including claims counseling, litigation, and arbitration. His practice includes the handling of issues involving commercial insurance, primary, bad faith, umbrella, excess and surplus lines, professional liability insurance, workers’ compensation insurance, and reinsurance.Close
Michael J. Tricarico
A Partner in the firm’s New York office, Mr. Tricarico is a seasoned litigator who has represented a wide... | Read More
A Partner in the firm’s New York office, Mr. Tricarico is a seasoned litigator who has represented a wide variety of entities and individuals, including Fortune 500 companies, domestic and international insurers and reinsurers, and domestic and international product manufacturers and distributors. He has litigated extensively in various state and federal courts throughout the United States and has argued appeals at all levels.Close