Insurer's Duty to Defend: Navigating the "Eight Corners" Rule, Withdrawal From an Ongoing Defense and More

Description

When deciding whether an insurer has a duty to defend, many jurisdictions follow the “eight corners” rule, analyzing the duty by comparing the "four corners" of the policy to the allegations in the "four corners" of the underlying complaint. But, some courts permit the introduction of extrinsic evidence to determine whether the insurer's duty to defend is implicated. This program will explore the approaches taken in various jurisdictions, highlight recent developments in the law and offer general guidelines for insurance professionals to consider when confronting the duty to defend.

Sometimes circumstances change after an insurer has agreed to defend its insured. If so, can the insurer terminate the defense? This program will evaluate this question in situations such as where the policy limits are exhausted by settlement or payment of the judgment and where a claimant's potentially covered claims in its suit against the policyholder are no longer an issue.

When defense under a liability policy is at issue, various parties--including the insurer, the insured, and the claimant that has made a claim against the insured--have an interest in whether the insurer will assume the insured's defense against the claimant's claim. Occasionally, two of the three parties will attempt to tip the scales to manipulate the defense obligation. Is this ever proper? What remedies does the odd party out have when the other two parties conspire to influence the defense obligation? The program will explore these questions and more.

Listen as our panel of attorneys guides in-house insurance professionals and coverage counsel regarding the scope of the insurer's duty to defend. The program will look at how courts interpret these thorny issues and address the types of arguments and defenses raised by insurers and their policyholders.