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
Recording of a 90-minute CLE video webinar with Q&A
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.
- Scope of duty to defend
- Pre-tender costs
- Target tenders
- Settlement issues
- Allocation of costs
- Non-covered claims
- Among parties
- Uninsured periods
- Methodologies of allocation
- 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?
Kirsten C. Jackson
Latham & Watkins
Ms. Jackson, a complex commercial litigator, represents policyholders in a variety of insurance recovery matters.... | Read More
Ms. Jackson, a complex commercial litigator, represents policyholders in a variety of insurance recovery matters. She regularly secures multimillion-dollar settlements and awards for policyholders in the full spectrum of insurance cases, including those involving CGL, professional liability, D&O liability, E&O liability, and life insurance. Ms. Jackson is experienced in all stages of litigation and non-adversarial dealings with insurers, including coverage analysis and advising, claims correspondence, mediations, pleadings, written discovery, document production, depositions, motion practice, trial preparation, and settlement.Close
McCarter & English
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial... | Read More
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters.Close
Scott M. Seaman
Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented... | Read More
Mr. Seaman's practice focuses on insurance, reinsurance, and commercial law and litigation. He has represented companies in trial courts, appellate courts, and arbitrations nationwide in numerous high stakes matters, including cases involving general liability coverage, professional liability coverage, first-party property coverage, bad faith matters and facultative and treaty reinsurance contracts.Close