Self-Insured Retentions and Deductibles: Key Coverage Issues

Balancing the Impact on Claims Settlement, Policy Limits; Obligations of Excess Insurers and Insolvent Insureds, Additional Insureds

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


Conducted on Wednesday, July 22, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts defense and/or coverage obligations of both insurers and policyholders.

Description

With many companies seeking to control insurance costs by increasing self-insured retentions (SIRs) and deductibles, counsel must consider the impact of these risk retention vehicles on coverage and obligations of the parties.

SIRs present significant issues during claims settlement, such as whether the insured or its insurer controls settlement decisions. With the recent proliferation of business bankruptcies, litigation has ensued over an insurer's obligations when the insolvent policyholder is unable to pay its SIR.

Distinctions between deductibles and SIRs raise several critical coverage issues. For example, an additional insured under a policy with a deductible will be protected even if the named insured is unable to reimburse that deductible, whereas the named insured may have to pay the SIR before coverage is triggered.

Listen as our authoritative panel of insurance counsel guides practitioners in navigating the impact of policy deductibles and SIRs on key coverage issues and obligations of the parties.

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Outline

  1. Distinctions between SIRs/deductibles and impact on limits and defense costs
  2. Attachment of SIRs/deductibles
  3. Number of SIRs/deductibles and the potential for stacking
  4. Application of SIRs as "other insurance"
  5. Obligation to pay SIRs/deductibles; insureds vs. additional insureds
  6. Insolvent insured unable to satisfy SIRs
  7. Satisfaction of SIRs/deductibles through payments by other insurers

Benefits

The panel will review these and other key questions:

  • How do the distinctions between SIRs and deductibles impact limits, control of the defense, and settlement?
  • Can a party other than the named insured satisfy the insured's deductible or SIR obligation?
  • How do defense costs impact an insured's deductible or SIR obligation?

Faculty

Ferragamo, Christopher
Christopher P. Ferragamo

Director
Jackson & Campbell

Mr. Ferragamo represents insurance companies in complex coverage cases arising from toxic tort, environmental and...  |  Read More

Friedman, Robert
Robert Friedman

Principal
Friedman

Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other...  |  Read More

Pedro, Verne
Verne A. Pedro, Esq.

Managing Attorney
Fullerton Beck

Mr. Pedro is an experienced managing attorney specializing in a range of complex insurance coverage matters, including...  |  Read More

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