Summary Judgment Cross-Motions in Insurance Coverage Litigation: Sound Strategy or Landmine?
Weighing the Pros and Cons from Policyholder and Insurer Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the pros and cons for filing a cross-motion for summary judgment in insurance coverage litigation versus opposing the other party’s motion and the issues counsel must consider when deciding whether a cross-motion is appropriate. The program will address motion strategy from the perspective of both policyholder and insurer.
Outline
- Review of summary judgment procedure for coverage disputes
- Appropriate for contract interpretation/coverage disputes in some circumstances
- The nuts and bolts of cross-motions for summary judgment
- Burden on the courts
- Burden on the parties
- Policyholder perspective
- Circumstances where a motion for summary judgment is appropriate
- Strong case for coverage
- Insurer affirmative defenses
- Circumstances where a cross-motion for summary judgment is appropriate
- Circumstances where a policyholder should not file a motion for summary judgment
- Circumstances where a motion for summary judgment is appropriate
- Insurer perspective
- Circumstances where a motion for summary judgment is appropriate
- Strong coverage defenses
- Policyholder fails to develop or prove its claim
- Circumstances where a cross-motion for summary judgment is appropriate
- Circumstances where an insurer should not file a motion for summary judgment
- Circumstances where a motion for summary judgment is appropriate
- Other considerations in liability policies
- Duty to defend
- Duty to indemnify
Benefits
The panel will review these and other key issues:
- What coverage disputes are best suited for motions for summary judgment and cross-motions?
- What are policyholder strategies for filing cross-motions for summary judgment?
- What are insurer strategies for filing cross-motions for summary judgment?
- How do the duties to defend and indemnify impact motion strategy?
Faculty
Robert Binion
Partner
Carroll Burdick & McDonough
Mr. Binion specializes in insurance coverage litigation. He has litigated and counseled clients on coverage issues... | Read More
Mr. Binion specializes in insurance coverage litigation. He has litigated and counseled clients on coverage issues relating to mass torts, environmental claims, medical monitoring, emerging technologies, directors and officers, professional liability, property damage claims, title insurance, and Medicare reporting and reimbursement issues. He also monitors developments in emerging coverage issues.
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Nicholas M. Insua
Partner
McCarter & English
Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of... | Read More
Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of policyholders for over 12 years. He handles matters involving numerous types of policies and underlying claims. When necessary, Mr. Insua also manages all phases of litigation up to and including trial. He is the co-author of the book, Business Income Insurance Disputes (Aspen, 2006).
CloseAlan P. Jacobus
Proprietor
Law Offices of Alan Palmer Jacobus
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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