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.
Outline
- 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
Benefits
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?
Faculty
Kirsten C. Jackson
Partner
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.
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Sherilyn Pastor
Partner
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.
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Scott M. Seaman
Co-Chair Global Insurance Services Practice Group
Hinshaw & Culbertson
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded... | Read More
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. He is known for employing his deep knowledge of the law and insurance industry, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. Clients regularly turn to Scott and his team for counsel and representation in challenging and high-stakes insurance and business matters. Mr. Seaman has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, viruses and pandemics, representations and warranties, transactional insurance, social unrest, ESG, climate change, and other emerging issues, as well as a wide-range of case-specific and portfolio issues. He also has handled a variety of challenging international, professional liability, health/life science, director and officer liability, tort and product liability, and business and commercial cases.
He was named to the inaugural list of Midwest Trailblazers by The American Lawyer magazine for his "high-profile, complex insurance coverage cases nationwide, which resulted in precedent setting rulings that have altered insurance law." He is co-author of Allocation of Losses in Complex Insurance Coverage Claims (11th Ed. 2023) He is ranked Band I by Chambers USA.
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