Insurers' Obligations to Defunct Insureds: Recent Cases, Arguments From Policyholder and Insurer Perspectives
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will guide insurance counsel for both policyholders and insurers on claims made against insolvent, bankrupt, or defunct insureds. The panel will discuss recent cases addressing this issue and review the contractual, statutory, and common law arguments that counsel can leverage to best assert and defend their positions.
- Policy issues
- Statutory issues
- Common law issues
- Recent cases
- Case studies
- Best practices
- Practical considerations
The panel will review these and other notable issues:
- What recent cases address the contractual, statutory, and common law arguments for and against coverage for defunct insureds?
- What standards do courts apply to an insurer's duty to defend when a policyholder is out of business?
- What are the most critical issues and practical considerations when addressing these claims?
- What are the essential coverage issues in these claims?
- What are best practices for determining the cause of loss, the value of the loss, and interpreting the terms of the policy?
- How do courts treat exclusions, concurrent causation, and anti-concurrent causation policy provisions?
- How does the language of typical policies impact coverage for defunct insureds?
- How can counsel minimize the potential for claims of bad faith in handling these types of claims?
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with... | Read More
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, D&O, fidelity and crime-loss policies, Internet and high-tech liability insurance issues. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice in which he develops computerized insurance allocation models for long-tail claims and other complex insurance models.Close
Dana R. Quick
Ms. Quick practices in the area of insolvency and commercial litigation. Her experience includes prosecuting director... | Read More
Ms. Quick practices in the area of insolvency and commercial litigation. Her experience includes prosecuting director and officer liability claims; representing trustees, creditors, creditor committees, and debtors in bankruptcy proceedings; state court insolvency litigation; and prosecuting and defending preference actions. Additionally, Ms. Quick has significant experience representing and counseling companies of all sizes on employment issues, including ADA, FMLA, and Title VII matters.Close
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