Insurer's Duty to Defend: Resolving Defense Cost Issues
Best Practices for Cost Reimbursement and Allocation
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
Outline
- Scope of duty to defend
- Pre-tender costs
- Target tenders
- Settlement issues
- Allocation of costs
- Non-covered claims
- Among parties
- Uninsured periods of time
- Methodologies of allocation
- Reimbursement of defense costs
Benefits
The panel will review these and other key questions:
- What is the insurer’s right, if any, to 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 best supports the insurer's right to reimbursement of defense costs for uncovered claims?
- What legal arguments should a policyholder put forth to defeat an insurer's claim for reimbursement?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Scott M. Seaman
Partner
Meckler Bulger Tilson Marick & Pearson
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented... | Read More
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.
CloseSherilyn Pastor
Partner
McCarter & English
Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of... | Read More
Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of dollars in insurance assets for a broad range of policyholder clients. She also provides advice to clients assessing their potential risks, analyzing new insurance products and considering the adequacy of their existing insurance programs.
CloseLinda D. Kornfeld
Partner
Jenner & Block
A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents... | Read More
A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents corporate and individual policyholders in high-stakes cases and has recovered hundreds of millions of dollars for her clients in insurance matters. She provides strategic counseling to in-house counsel and senior executives on mitigating risk and maximizing insurance recoveries.
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