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

or call 1-800-926-7926
Program Materials

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.

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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.
Kirsten C. Jackson, Esq.

Kasowitz Benson Torres & Friedman

Ms. Jackson works on behalf of companies to recover insurance assets. She assists in obtaining millions of dollars in...  |  Read More

Pastor, Sherilyn
Sherilyn Pastor

Partner
McCarter & English

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial...  |  Read More

Seaman, Scott M.
Scott M. Seaman

Partner
Hinshaw & Culbertson

Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented...  |  Read More

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