Insurer's Duty to Defend Pre-Suit Demands: Avoiding Unintentional Breach and Possible Waiver of Coverage Defenses
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will offer guidance and insight to counsel on the complex issue of when something short of the actual filing of a complaint can trigger an insurer's duty to defend. The program will assist practitioners in avoiding an unintentional breach and the resulting waiver of coverage defenses that may occur in some jurisdictions.
- Analysis of standard policy language
- Cases finding duty to defend pre-suit demands
- Sufficiently coercive to qualify as a suit
- Qualifies as alternative dispute resolution
- Pre-suit demands as costs recoverable in anticipation of litigation
- Interplay with other rights and obligations under the policy
- Insurer's right to control the "defense"
- Insurer's duty to settle
- Insured's obligation to report occurrences--prior knowledge exclusions
- Prohibition against settlement without insurer's consent
- Pre-suit coverage litigation strategies
The panel will discuss these and other key issues:
- Why might an insurer choose not to defend pre-suit demands?
- What happens when the pre-suit demand triggers coverage under one or more policies?
- How do potential coverage defenses affect the analysis?
Michael S. Levine
Hunton Andrews Kurth
Mr. Levine has more than 20 years of experience litigating insurance disputes and advising clients on insurance... | Read More
Mr. Levine has more than 20 years of experience litigating insurance disputes and advising clients on insurance coverage matters. He represents and counsels policyholders in insurance recovery and business disputes. Mr. Levine also assists clients regarding claim evaluation and strategy, policy placement and endorsement and broker liability issues. In recent years, he has recovered hundreds of millions of dollars for clients in matters involving virtually every type of insurance policy, including property, D&O, E&O, general liability, employment, environmental, and representations and warranties coverages. Mr. Levine has extensive experience with property damage, business interruption and extra expense claims in the U.S. and abroad, as well as reinsurance claims.Close
John B. Mumford, Jr.
Hancock Daniel & Johnson
Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and... | Read More
Mr. Mumford represents insurance companies in complex coverage litigation in numerous state and federal courts, and advises insurers on a variety of coverage matters. His practice involves a wide range of insurance coverages, including CGL, professional liability, D&O, auto, workers’ comp, umbrella, property, and business interruption, among others. Mr. Mumford currently serves as Co-Chair of the ABA’s Insurance Coverage Litigation Annual Meeting.Close