Notice Issues in Insurance Coverage Disputes: Forfeiture, Waiver, Estoppel, Malpractice Exposure

Occurrence-Based vs. Claims-Made Policies; Policyholder and Insurer Perspectives

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


Wednesday, March 27, 2019

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

Early Registration Discount Deadline, Friday, March 1, 2019

or call 1-800-926-7926

This CLE webinar will explore the importance of notice in insurance coverage practice. The program will discuss forfeiture, waiver and estoppel issues related to notice requirements for both insurers and policyholders in insurance disputes.

Description

While often overlooked, notice issues in insurance policies arise frequently and can expose counsel to malpractice claims.

And although many courts aim to balance the interests of the insurer and policyholder when interpreting the application of these provisions, failure to sufficiently meet their requirements can result in waiver, estoppel or even forfeiture of insurance coverage.

Listen as our authoritative panel of practitioners discusses these issues and provides guidance on coverage defenses for various missteps, including lateness in response, improper reservation of rights, or estoppel in both occurrence-based policies and claims-made policies. The panel will address how courts in different jurisdictions interpret and apply these provisions and provide compelling arguments for both insurers and policyholders in these types of insurance disputes.

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Outline

  1. Notice provisions generally
  2. Notice issues
    1. Forfeiture
    2. Estoppel
    3. Waiver
  3. Insurer's requirement to demonstrate prejudice
  4. Prejudice arguments
  5. Legal malpractice considerations

Benefits

The panel will review these and other key issues:

  • What are the policy issues regarding notice?
  • What factors will courts look at in determining whether the insured's breach of the policy's notice provisions will result in forfeiture of coverage?
  • What factors will courts look at in deciding whether the insurer has been prejudiced by the insured's failure to satisfy notice requirements?
  • What factors will courts look at in determining whether an insurer has waived or is estopped from raising a late notice defense?
  • How can counsel minimize legal malpractice exposure regarding these types of insurance disputes?

Faculty

Elsasser, Deborah
Deborah Elsasser

Senior Counsel
Clyde & Co

Ms. Elsasser has more than 25 years of commercial and mass tort litigation experience that has included representation...  |  Read More

Friedman, Robert
Robert H. Friedman

Principal
Friedman

Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other...  |  Read More

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Live Webinar

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Live Webinar & DVD

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Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $19.45 S&H