Insurer's Duty to Defend: Pre-Tender Costs, Target Tender Issues, Non-Covered Claims and Parties, Uninsured Periods

Resolving Defense Cost Reimbursement and Allocation Disputes for Policyholders and Insurers

A live 90-minute CLE webinar with interactive Q&A


Wednesday, June 14, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will prepare counsel to policyholders and insurance companies to assert their positions with regard to defense cost issues arising from the insurer’s duty to defend. The panel will review reimbursement and allocation of defense costs, pre-tender costs, and target tender issues, among others.

Description

The insurer’s duty to defend raises a host of defense cost issues that are frequently subject to disputes and litigation. Some of the most commonly disputed issues include what constitutes a defense cost and whether fees are reasonable.

There has been a recent trend, and considerable controversy, surrounding the practice of insurers seeking reimbursement of defense costs for non-covered claims. Courts are divided as to the insured’s right to recover pre-tender defense costs.

And, the long-running coverage battle persists between insurance companies and policyholders on the allocation of defense costs between covered and uncovered parties and claims.

Listen as our authoritative panel of insurance attorneys discusses the most challenging allocation and reimbursement of defense cost issues and outlines best practices for resolving such disputes.

Outline

  1. Scope of duty to defend
    1. Pre-tender costs
    2. Target tenders
    3. Settlement issues
  2. Allocation of costs
    1. Non-covered claims
    2. Among parties
    3. Uninsured periods of time
    4. Methodologies of allocation
  3. Reimbursement of defense costs

Benefits

The panel will review these and other key issues:

  • When can the insurer apportion or allocate defense costs incurred by the insured in a “mixed action?”
  • What are best practices for allocating defense costs among covered and uncovered claims?
  • What legal rationale supports the insurer’s right to reimbursement of defense costs for uncovered claims?
  • What are a policyholder’s legal arguments to defeat an insurer’s claim for reimbursement?

Faculty

Linda D. Kornfeld, Partner
Kasowitz Benson Torres & Friedman, Los Angeles

Ms. Kornfeld has dedicated her trial and appellate practice to representing companies in high-stakes insurance coverage litigation for over 20 years. She has assisted her clients in the recovery of hundreds of millions of dollars in insurance assets in a variety of complex insurance matters through settlements and trial. Ms. Kornfeld’s clients range from telecommunications companies, universities, and real estate developers to manufacturers and nonprofit organizations. She also provides strategic counseling to senior executives and in-house counsel on how to mitigate risk and maximize their insurance recoveries.

Sherilyn Pastor, Partner
McCarter & English, Newark, N.J.

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters. 

Scott M. Seaman, Partner
Hinshaw & Culbertson, Chicago

Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented companies in trial courts, appellate courts, and arbitrations nationwide in numerous high stakes matters, including cases involving general liability coverage, professional liability coverage, first-party property coverage, bad faith matters and facultative and treaty reinsurance contracts.


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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Of Counsel

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Proprietor

Law Offices of Alan Palmer Jacobus

William E. Kelley, Jr.

Atty

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

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Partner

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Partner

Hinshaw & Culbertson

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