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
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.
- Notice provisions generally
- Notice issues
- Insurer's requirement to demonstrate prejudice
- Prejudice arguments
- Legal malpractice considerations
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?
Clyde & Co
Ms. Elsasser has more than 25 years of commercial and mass tort litigation experience that has included representation... | Read More
Ms. Elsasser has more than 25 years of commercial and mass tort litigation experience that has included representation of airlines, product manufacturers, multi-national corporations and insurers. She has extensive experience in all phases of civil litigation in state and federal courts, multi-district and class action litigation, and in domestic and international commercial arbitration proceedings. Ms. Elsasser also has experience in advising clients on insurance coverage and regulatory compliance issues, including compliance with FAA, DOT and OFAC regulations.Close
Robert H. Friedman
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other... | Read More
Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other U.S. and foreign jurisdictions. He also advised the State of Florida on insurance policy issues. He writes extensively about insurance coverage for many publications, including National Underwriter, Business Insurance, Risk & Insurance, South Florida Business Journal, and Harvard Law Record.Close
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