Responding to Insurance Investigations: Cooperating Fully While Safeguarding Privilege and Coverage
Preventing Insurer Abuse, Misuse, Disclosure; Protecting Confidential Information; Guarding Defense Strategy
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide policyholder counsel on strategies and best practices for responding to insurer claims that the duty of cooperation requires disclosure of privileged defense communications or work product that might later be used to challenge coverage. Insurers routinely assess claims under a reservation of rights, always on the lookout for information that might reduce its exposure and loss. The panel will discuss how to navigate cooperation without sacrificing coverage, what types of requests to be alert for, how to require, negotiate and draft appropriate confidentiality agreements, how to object to inappropriate requests, and the utility of the common interest doctrine.
- Overview of duty to cooperate
- Effect of reservations of rights
- Excess insurer issues
- Abusive and overreaching demands for information
- Protection strategies and techniques for the policyholder
The panel will review these and other key issues:
- Under what circumstances might an insured be justified in refusing to cooperate with the insurer?
- Can a policyholder require an insurer to execute a confidentiality agreement that imposes limitations on the insurer's use of the insured's personal information?
- What remedies does the policyholder have if the insurer or its agent discloses confidential information?
- What is the insurer's burden of proof for disclaiming liability due to the insured's failure to cooperate?
- Does a defense under a reservation of rights change the scope of the insured's duty to cooperate?
Renee C. Callantine
Cornerstone Law Group
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on... | Read More
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on representing policyholders in coverage disputes, including litigation over alleged bad-faith claims handling. She also provides coverage advice and representation at appraisal hearings, and she assists brokers in responding to Department of Insurance complaints. She has extensive experience in property and casualty claims, ranging from personal lines homeowners and automobile policies to complex commercial lines policies. As a CPA, she is often asked to assist with claims and litigation involving complex business interruption losses or other complicated accounting issues.Close
Donald Patrick Eckler
Pretzel & Stouffer
Mr. Eckler handles a wide variety of civil disputes in state and federal courts across Illinois and Indiana. His... | Read More
Mr. Eckler handles a wide variety of civil disputes in state and federal courts across Illinois and Indiana. His practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. His coverage practice for insurers and the insured involves commercial general liability and personal lines policies, issues involving the duties to defend and indemnify, bad faith and the application of exclusions. His tort defense work involves representing nursing homes and long-term-care facilities, product manufacturers and distributors, trucking concerns and premises owners.Close
Todd M. Rowe
Mr. Rowe is Co-Chair of Tressler’s Insurance Practice Group. He practices in the field of insurance coverage and... | Read More
Mr. Rowe is Co-Chair of Tressler’s Insurance Practice Group. He practices in the field of insurance coverage and has represented insurers in litigation and non-litigation disputes. Mr. Rowe regularly advises insurers on complex matters, including the resolution of large claims and claims under specialty and commercial insurance lines throughout the country.Close