Pleading Into Coverage and the Duty to Defend: Strategies to Enhance Insurer Involvement
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will instruct insurance litigators on how to plead allegations that fall within a policy's coverage grant but outside the policy's exclusions when alleging the underlying claims that trigger coverage and the duty to defend. The program will identify mistakes that can get complaints dismissed although the underlying facts of the claim are within coverage. The panel will also speak to the issue of "inartful" pleading that attempts to trigger the duty to defend an excluded claim.
- Benefits of triggering duty to defend
- Strategies for identifying available policies
- Identifying and pleading facts needed to trigger coverage
- Avoiding triggering exclusions
- Remedies for "under" and "over" pleading
- "Inartful" pleading and uncovered claims
The panel will review these and other critical issues:
- Are there ever situations where a policyholder would want to avoid coverage?
- Are there ever situations where the plaintiff would want to avoid coverage?
- What happens if the complaint fails to allege undisputed facts that, had they been alleged, would have triggered the insurer's duty to defend?
- If an extrinsic fact is relevant to determining coverage, but not liability, can it be considered by an insurer when deciding the duty to defend?
R. Brent Cooper
Cooper & Scully
Mr. Cooper focuses his practice on commercial litigation, insurance litigation, and appellate practice. He has had... | Read More
Mr. Cooper focuses his practice on commercial litigation, insurance litigation, and appellate practice. He has had significant experience representing clients before federal and state trial and appellate courts. He has tried numerous cases covering areas of business litigation, construction litigation, catastrophic personal injuries, complex litigation, intellectual property, constitutional and business tort cases.Close
Mr. Gerstle provides advice, counsel and representation to clients throughout the State of Texas regarding many... | Read More
Mr. Gerstle provides advice, counsel and representation to clients throughout the State of Texas regarding many different types of projects. He has advised clients regarding federal, municipal, industrial, commercial, healthcare, multi-family, and single family residential projects in all the main metropolitan areas and many of the smaller towns and counties in the State.In addition to being a licensed attorney, Mr. Gerstle holds a Professional Engineer’s license in the State of New York. He worked as a structural engineer and participated in the design of long-span suspension bridges and hydroelectric power plants. As an engineer, Mr. Gerstle participated in the inspection of construction sites and the monitoring of construction and rehabilitation projects. He also prepared environmental impact and transportation impact studies for private developers and non-profit entities.Mr. Gerstle routinely presents seminars to clients regarding risk management techniques in the construction and design fields. He is a Member of the State Bar of Texas Construction section. Mr. Gerstle has previously held the position of adjunct professor at Texas Wesleyan University, where he taught courses in torts, legal writing, and intellectual property.Close
Mr. Kosek focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as on regulatory... | Read More
Mr. Kosek focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as on regulatory and white collar practice.Close