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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, June 14, 2017
Recorded event now available


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

Kirsten C. Jackson, Esq.
Kasowitz Benson Torres & Friedman, Los Angeles

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.  

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.


Recordings

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CLE On-Demand Video $297.00

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Program Materials

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Program Materials

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Customer Reviews

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The webinar provided a very thorough analysis of an area of the law I am currently navigating.

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The subject was presented in an accessible fashion, and the question and answer session was one of the best I've attended. The Strafford speakers were well-informed and provided information to enable listeners to effectively research specific issues.

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Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Director

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.

Partner

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Weimer & Weeding

Sandra I. Weishart

Partner

Hinshaw & Culbertson

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