MCS-90 Endorsement: Purpose, Application, and Avoiding Strategic Missteps When Coverage Defenses Are Present
Four Primary Approaches to Determining Applicability; Avoiding Ethical Snares; Exposing Subrogation's Siren-Song
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the purpose and application of MCS-90 endorsements and the four primary approaches courts take to determine when the MCS-90 endorsement applies. The panel will also examine how and why the endorsement provides settlement leverage for plaintiffs.
Outline
- Brief review of MCS-90 history
- What is covered and how it applies
- Statutory requirements for minimum limits of insurance
- Limitations on the applicability of the endorsement
- Different approaches to application
- Defending MCS-90 Claims
- Strategic considerations when coverage defenses exist
- Pursuing MCS-90
- Personal injury
- Subrogation
- Reimbursement under MCS-90
- Interesting caselaw and recent developments
- What is interstate commerce?
- What is needed to seek reimbursement?
Benefits
The panel will review these issues:
- Should the MCS-90 be considered a surety bond?
- How does cancellation impact the MCS-90 endorsement appended to a commercial auto policy?
- Does the MCS-90 trump noncooperation and notice clauses?
- Do the rules about time-limited demands apply to MCS-90 endorsements?
Faculty
Rick Gene Boepple, Jr.
Attorney
Akerman
Mr. Boepple is a litigation associate in Akerman’s Houston office, with a civil litigation practice focusing on... | Read More
Mr. Boepple is a litigation associate in Akerman’s Houston office, with a civil litigation practice focusing on insurance coverage matters and disputes. He routinely represents and advises insurance companies on various types of insurance coverage matters, including those involving directors and officers, professional liability, commercial general liability, commercial property, errors and omissions, commercial auto, and fidelity insurance policies. Mr. boepple has experience with a wide variety of insurance matters, including successfully conducting pre-suit mediations and settlement negotiations, conducting and handling Examinations Under Oath, analyzing purported Stowers demands, analyzing and litigating duty to defend and duty to indemnify disputes, and advising and defending insurance companies in extra-contractual/bad faith liability disputes.
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Frank C. Botta
Partner and Chair of the Litigation and Transportation Practice Groups
The Lynch Law Group
Mr. Botta is a Partner and Chair of the Litigation and Transportation Practice Groups at The Lynch Law Group. He also... | Read More
Mr. Botta is a Partner and Chair of the Litigation and Transportation Practice Groups at The Lynch Law Group. He also is a member of the Labor and Employment and Alternative Dispute Resolution Groups. Mr. Botta is an active member of the Transportation Lawyers Association, where he served as the organization’s President (2017 – 2018) and currently serves on the Executive Committee. He is also actively involved in the Canadian Transportation Lawyers Association and has served on the Board of Directors. Mr. Botta is also a member of the Conference of Freight Counsel, an association of attorneys representing motor, rail, ocean and air freight carriers, borkers and forwarders in cargo claim and freight charge disputes.
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Ashton T. Kirsch
Shareholder
Matthiesen, Wickert & Lehrer
Mr. Kirsch is an insurance litigation attorney and shareholder with the law firm of Matthiesen, Wickert & Lehrer,... | Read More
Mr. Kirsch is an insurance litigation attorney and shareholder with the law firm of Matthiesen, Wickert & Lehrer, S.C. He has been with MWL’s Hartford office since 2015, concentrating his practice on litigation of subrogation cases involving large loss casualty, commercial auto, transportation and cargo, and workers’ compensation. Mr. Kirsch has built and grown the MWL commercial auto and cargo/transportation group into the thriving sector of our firm’s subrogation practice.
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David A. Singleton
Attorney
Blackburn Romey
Mr. Singleton is an attorney in Fort Wayne, Indiana with Blackburn Romey. He graduated with highest honors from Indiana... | Read More
Mr. Singleton is an attorney in Fort Wayne, Indiana with Blackburn Romey. He graduated with highest honors from Indiana University Robert H. McKinney School of Law. Mr. Singleton handles Blackburn Romey’s motion practice and oral arguments in the trial and appellate courts. He has successfully argued and briefed cases on behalf of clients in the Indiana trial courts, Federal district courts, the Indiana Court of Appeals, the Indiana Supreme Court, and the United States Court of Appeals for the Seventh Circuit.
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