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

Conducted on Thursday, August 9, 2012

Recorded event now available

or call 1-800-926-7926

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.


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.



  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


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.


Scott M. Seaman
Scott M. Seaman

Meckler Bulger Tilson Marick & Pearson

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

Sherilyn Pastor
Sherilyn Pastor

McCarter & English

Ms. Pastor is the Practice Leader of the firm’s Insurance Coverage Group. She has secured hundreds of millions of...  |  Read More

Linda D. Kornfeld
Linda D. Kornfeld

Jenner & Block

A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents...  |  Read More

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