Insurers' Obligations to Defunct Insureds: Recent Cases, Arguments From Policyholder and Insurer Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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
- 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?
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
Tacie H. Yoon
Crowell & Moring
Ms. Yoon represents insurers in bankruptcy litigation and coverage disputes typically involving underlying claims of... | Read More
Ms. Yoon represents insurers in bankruptcy litigation and coverage disputes typically involving underlying claims of asbestos liability, environmental contamination, and sexual molestation. Most recently, she represented insurers in the bankruptcy cases of Garlock, Geo. V. Hamilton, Budd, Plant Insulation, W.R. Grace, Flintkote, Thorpe Insulation, Leslie Controls, Chemtura, and Canal Corporation. Ms. Yoon has litigated a broad range of bankruptcy matters, including plan confirmation objections, automatic stay issues, issues concerning the sale and disposition of significant assets, claim objections, motions to appoint trustees, adequacy of disclosure statements, and approvals of settlements. She also has experience in counseling insurance clients concerning the implications of a potential bankruptcy filing by an insured.Close