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One Insured, Multiple Insurers, Multiple Lawsuits: Managing Liability, Settlement, and Coverage Issues

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, October 12, 2022

Recorded event now available

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This CLE webinar will discuss how to manage coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers. The panel will review how to resolve which insurers must defend and defense sharing agreements, best strategies for coordinating and managing the defense, issues arising from efforts to settle the underlying liability suits, strategies when an insurer will not agree to fund a judgment or settlement, subrogation issues, and more.

Description

Seemingly intractable problems can arise when a single defendant has been sued multiple times and may have coverage for some or all matters from multiple insurers. Often there is considerable debate over the defendant's liability and insurers' duty to defend claims and in which courts. Subrogation and indemnity considerations often permeate negotiations.

Efforts to resolve underlying matters, whether by settlement or otherwise, are complex and require advanced strategies to prevent misunderstanding and insurers from working at cross purposes. Insurers must often convince plaintiffs in the litigation and their fellow insurers about the reasonable value of various claims. Insurers must always be ready with strategies when an insurer refuses to fund a judgment or settlement.

Listen as this esteemed panel of seasoned insurance counsel guides attendees in managing coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers over time.

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Outline

  1. Overview
  2. Duty to defend and defense costs
  3. Duty to settle, mediation, and insurer consent
  4. Duty to indemnify: managing the unwilling insurer
  5. Subrogation issues

Benefits

The panel will review these and other key issues:

  • What solutions exist for identifying who has the duty to defend and cover defense costs?
  • What are the coverage implications of establishing a reasonable settlement value?
  • If joint and several liability is not available, how are damages allocated?
  • What happens after the insurer pays a judgment or a settlement of the underlying lawsuit but believes the insured had a claim against some other party for the loss?

Faculty

Jackson, Kim
Kim M. Jackson
Partner
Bovis Kyle Burch & Medlin

Mr. Jackson defends attorneys and other professionals in malpractice claims, handles all forms of coverage and bad...  |  Read More

Koepff, Paul
Paul R. Koepff
Partner
Clyde & Co

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and...  |  Read More

Overstreet, David
David W. Overstreet
Partner
Earhart Overstreet

Mr. Overstreet focuses his practice on commercial litigation and professional liability. He spends a significant amount...  |  Read More

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