Maximizing the Value of Insurance: Identifying and Preventing Compounding and Cascading Claims

Counsel's Role in Insurance Risk Mitigation

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

Wednesday, August 5, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will discuss how insurance counsel can help clients prevent seemingly straightforward losses from becoming catastrophic claims and offer solutions for poorly managed claims.


It is no secret that insurance rates for certain types of coverage are rising exponentially, and some industries are finding that coverage is no longer available. This phenomenon may occur when the value or number of claims increases, but a more significant and controllable cause may be policyholder mismanagement. Some policyholders and even whole industries are allowing moderately difficult claims to repeatedly become catastrophic losses and protracted litigation through poor planning and responses.

Sometimes the policyholder does not immediately recognize the difficulties of the claim, which may be caused by multiple claimants with conflicting interests, multiple policies, multiple types of claims from a single incident (property, cyber), federal or state agencies alleging violations of laws or regulations, the need for extensive discovery relating to causation, and litigation issues regarding coverage, venue, and substantive law.

Policyholders, however, create preventable problems for themselves when they do not know the scope of coverage, they fail to document the loss properly, or they fail to comply with claims conditions precedent in their policies. When these conditions combine with siloed decisionmakers, reputation concerns, and a lack of trusted advisers to respond, bad decisions are often the result.

Many of these issues are preventable by involving counsel. Policyholder in-house and outside counsel have an essential role in risk management before and after an event or occurrence.

Listen as the panel guides counsel on maximizing the value of insurance and preventing inappropriate or unhelpful responses that further complicate the situation.



  1. Recognizing a complex claim
    1. Obvious complexity
    2. Losses that grow with changed conditions
  2. How and why claims are managed badly or inconsistently by policyholders
  3. The role of counsel in preventing claims from becoming catastrophic
    1. At time of policy purchase
    2. Before loss
    3. After loss


The panel will review these and other key topics

  • What makes a claim complicated?
  • What are the additional risks associated with multifaceted claims?
  • How can counsel help maximize the value of insurance coverage?


Argetsinger, Cameron
Cameron R. Argetsinger

Special Counsel
Kelley Drye & Warren

Mr. Argetsinger focuses his practice on insurance recovery litigation. He has represented corporate policyholders in a...  |  Read More

Garbowski, Mark
Mark Garbowski

Anderson Killl

Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice...  |  Read More

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