Insurer's Duty to Prosecute the Policyholder's Affirmative Claims: Ethical and Coverage-Savvy Litigation Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the scenarios when an insurer's duty to defend requires it to prosecute the policyholder's affirmative counterclaims, crossclaims, or third-party claims. The panelist will also discuss Model Rules of Professional Responsibility 1.1 (Competence), 1.2 (Scope of Representation), 1.3 (Diligence), and 1.7 (Conflicts of Interest) and when the failure to pursue affirmative relief claims might fall below the standard of care owed by attorneys that represent litigants engaged in defensive prosecution of claims "conducted against liability."
- THE DUTY TO DEFEND
- Defining "Defense" of Claims
- Pertinent Policy Language
- When Policy Language is "Ambiguous"
- The "In For One, In For All" Rule
- The Breadth of the "Conducted Against Liability" Doctrine
- WHEN INSURERs SEEK TO CONTROL THE DEFENSE
- The Right to Independent Counsel
- The Restatement of Insurance Coverage
- Affirmative Prosecution of Claims While the Defense is Provided by "Appointed Counsel"
- WHEN DEFENSIVE COUNTERCLAIMS OR CROSS-CLAIMS TRIGGER INSURER FUNDING DUTIES
- Inextricably Intertwined Claims
- Strategically Defensive Claims
- Parallel Proceedings
- RESPONDING TO INSURER ARGUMENTS
- STRATEGIES FOR POLICYHOLDERS
The panelist will review these and other key issues:
- When is affirmative relief inextricably intertwined with defense?
- What are the different approaches across jurisdictions?
- What is the standard of care in representing policyholders?
- What can policyholders learn from Fortune 50 businesses about harnessing the duty to defend?
- How can insurers benefit from seeking affirmative relief?
David A. Gauntlett
Mr. Gauntlett is lead counsel in intellectual property antitrust coverage disputes pending in over 30 states throughout... | Read More
Mr. Gauntlett is lead counsel in intellectual property antitrust coverage disputes pending in over 30 states throughout the United States and is also responsible for many precedent-making insurance coverage cases involving patent, trademark, and copyright infringement, as well as trade secret misappropriation and unfair competition claims.Close