Insurer's Right and Duty to Defend: Pre-Tender Costs; Target Tender Issues; Non-Covered Claims, Parties, Periods

Resolving Defense Cost Reimbursement and Allocation Disputes for Policyholders and Insurers

A live 90-minute CLE video webinar with interactive Q&A

Tuesday, February 8, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 14, 2022

or call 1-800-926-7926

This CLE course will prepare counsel to policyholders and insurance companies to assert their positions concerning defense cost issues arising from the insurer's duty and right 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 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
    4. Methodologies of allocation
  3. Reimbursement of defense costs


The panel will review these and other key issues:

  • When can the insurer 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 supports the insurer's right to reimbursement of defense costs for uncovered claims?
  • What are a policyholder's legal arguments to defeat an insurer's claim for reimbursement?


Jackson, Kirsten
Kirsten C. Jackson

Latham & Watkins

Ms. Jackson, a complex commercial litigator, represents policyholders in a variety of insurance recovery matters....  |  Read More

Pastor, Sherilyn
Sherilyn Pastor

McCarter & English

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial...  |  Read More

Seaman, Scott M.
Scott M. Seaman

Hinshaw & Culbertson

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

Attend on February 8

Early Discount (through 01/14/22)

Cannot Attend February 8?

Early Discount (through 01/14/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video