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


Conducted on Wednesday, November 19, 2014

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar 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.

Description

Cross-motions for summary judgment entail both parties filing motions arguing that a trial is not necessary to determine the relevant facts. There are many pros and cons for filing a cross-motion for summary judgment in insurance coverage litigation versus simply opposing the other party’s motion and, for example, trying to raise issues of fact.

A cross-motion may be a good strategy where the disputed issue involves interpretation of the insurance policy. Policyholder counsel must consider how strong their case is for coverage or the strength of the insurer’s affirmative defenses. Insurer counsel must consider how strong their coverage defenses are and whether it believes the policyholder has stated a claim.

Listen as our authoritative panel of insurance practitioners weighs in on strategies for filing cross-motions for summary judgment in insurance coverage litigation. The panel will discuss motion strategies from the perspective of both policyholder and insurer.

READ MORE

Outline

  1. Review of summary judgment procedure for coverage disputes
    1. Appropriate for contract interpretation/coverage disputes in some circumstances
    2. The nuts and bolts of cross-motions for summary judgment
      1. Burden on the courts
      2. Burden on the parties
  2. Policyholder perspective
    1. Circumstances where a motion for summary judgment is appropriate
      1. Strong case for coverage
      2. Insurer affirmative defenses
    2. Circumstances where a cross-motion for summary judgment is appropriate
    3. Circumstances where a policyholder should not file a motion for summary judgment
  3. Insurer perspective
    1. Circumstances where a motion for summary judgment is appropriate
      1. Strong coverage defenses
      2. Policyholder fails to develop or prove its claim
    2. Circumstances where a cross-motion for summary judgment is appropriate
    3. Circumstances where an insurer should not file a motion for summary judgment
  4. Other considerations in liability policies
    1. Duty to defend
    2. 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
Robert Binion

Partner
Carroll Burdick & McDonough

Mr. Binion specializes in insurance coverage litigation. He has litigated and counseled clients on coverage issues...  |  Read More

Insua, Nicholas
Nicholas M. Insua

Partner
McCarter & English

Mr. Insua has focused his practice on insurance coverage litigation and counseling exclusively on behalf of...  |  Read More

Alan P. Jacobus
Alan 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

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio

$297

Download

$297