Reformation of Insurance Policies: Expanding or Reducing Coverage, Grounds for Relief, Defenses, Standards of Proof

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, March 14, 2023

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

Early Registration Discount Deadline, Friday, February 17, 2023

or call 1-800-926-7926

This CLE webinar will discuss the equitable remedy of reformation in the context of insurance coverage litigation. The panel will review the factual situations that give rise to demands for reformation, the grounds for reformation, when and how it is raised, factors considered, and how the remedy differs from rescission and broker negligence or malpractice.

Description

Reformation can be a powerful remedy for a policyholder or insurer who believes the policy at issue with respect to a claim does not accurately reflect the scope of coverage negotiated and agreed in the drafting and issuing of an insurance policy. Reformation will not be granted, however, to relieve a party that believes it received a bad deal. There must be evidence that the policy does not reflect the agreed terms.

If successful, reformation has the potential to transform a policy with language that clearly precludes coverage into a policy that provides coverage, or vice versa.

Listen as this panel of insurer and policyholder counsel discusses the factual situations that give rise to demands for reformation, the grounds for reformation, when and how it is raised, factors considered, and how the remedy differs from rescission and broker negligence or malpractice.

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Outline

  1. Grounds for reformation
  2. Pleading reformation
  3. Evidentiary requirements
  4. Estoppel and waiver claims against the insurer
  5. Alternatives to reformation
  6. Consequences of reformation
  7. Reformation and bad faith

Benefits

The panel will review these and other key issues:

  • What factors do courts consider when granting reformation as a remedy?
  • Is reformation available if someone is missing as a named insured on the policy?
  • Can the parties voluntarily reform a policy?
  • What happens if reforming a policy changes the risk the insurer undertook?
  • Can an insurer be liable for bad faith if a policy is reformed and coverage provided?

Faculty

Gilmore, Danielle
Danielle L. Gilmore

Partner
Quinn Emanuel Urquhart & Sullivan

Ms. Gilmore, Chair of the firm’s National Insurance Recovery Practice, is an accomplished litigator with an...  |  Read More

Raschke, Heidi
Heidi Hudson Raschke

Shareholder
Carlton Fields

Ms. Raschke has spent her legal career representing commercial insurance clients in complex coverage disputes. She...  |  Read More

Attend on March 14

Early Discount (through 02/17/23)

Cannot Attend March 14?

Early Discount (through 02/17/23)

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.

To find out which recorded format will provide the best CLE option, select your state:

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