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Pleading and Proving Covered and Non-Covered Liability and Damages in Insurance Liability Suits

Securing Valuable Insurance Coverage and Exposing Disqualifying Conflicts of Interest With Insurer-Selected Counsel

A live 90-minute CLE video webinar with interactive 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.

Tuesday, June 25, 2024

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

Early Registration Discount Deadline, Friday, May 31, 2024

or call 1-800-926-7926

This CLE webinar will address how lawyers may properly plead and prove covered and non-covered liability and damages, supplementing pleadings so as to encourage prompt and equitable settlements funded by liability insurers.


Plaintiff's counsel who file civil liability actions anticipating that defendants' liability insurance will fund a settlement or judgment need to understand that the first thing liability insurers do is to answer three questions: Does the insurer have: (1) a duty to defend; (2) a duty to indemnify; and (3) the right to control the policyholder's defense? The answers to these questions derive from a comparison of the language of the insurance policy to the language of the plaintiff's complaint and proof. As a result, plaintiffs' counsel often have vast, untapped power to secure valuable insurance coverage.

Listen as our experienced presenter discusses how counsel can properly plead and prove covered and non-covered liability and damage and can determine whether pre-approved counsel may have conflicts of interest that would entitle the policyholder to independent counsel.



  1. Introduction
  2. The hypothetical situation
  3. Why plead into (or out of) insurance coverage and conflicts of interest?
  4. How to plead into (or out of) insurance coverage or conflicts
  5. The legal tests to trigger coverages
  6. Understanding the liability insurer's coverage challenge
  7. How to plead into coverage
  8. How to plead and prove disqualifying conflicts of interest
  9. Plaintiff's counsel and independent counsel cooperation


The panel will review these and other issues:

  • Why plead into (or out of) liability insurance coverage?
  • How to plead and prove truthful facts to trigger the duty to defend, prove the duty to indemnify, and possibly ripen appointed defense counsel's ethical conflicts of interest
  • How to understand the defendant's insurance coverage
  • How plaintiffs and policyholders may properly cooperate to achieve shared goals of securing insurance coverage that benefits both


Thomas, Stephen L.
Stephen L. Thomas


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Early Discount (through 05/31/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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