Terminating the Duty to Defend: Evaluating When the Insurer Can Extinguish the Duty
Advocating the Defense Obligation from Insurer and Policyholder Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the parameters within which an insurer can settle less than all claims or suits with the plaintiff and thereby end its duty to defend. The panel will outline which jurisdictions allow such settlements and which do not, provide strategies, and analyze risks for both the insurer and the policyholder.
- Overview of the insurer’s duty to defend
- Settlement with plaintiff by paying policy limits
- Settlement of less than all suits or claims against the insured
- Bad faith risks to insurers
- Case law developments
The panel will review these and other key issues:
- What are the parameters within which an insurer can terminate its duty to defend by settling less than all claims or suits with the plaintiff?
- Will the insurer’s settlement with the plaintiff to terminate its duty to defend give rise to a claim for bad faith?
- Does a non-settling claimant have a cause of action when the settlement exhausts coverage otherwise available?
Duana J. Grage
Hinshaw & Culbertson
Ms. Grage represents both national and regional insurers in complex commercial coverage matters in jurisdictions across... | Read More
Ms. Grage represents both national and regional insurers in complex commercial coverage matters in jurisdictions across the nation. She devotes the majority of her practice to advising insurers on coverage matters involving commercial general liability, professional liability and excess liability insurance. Ms. Grage also advises claims professionals on proper claim handling in tricky and risky cases and acts as coverage monitoring counsel in complex claims. Ms. Grage is a Co-Leader of the firm’s national Insurance Services Practice Group.Close
Eric Jesse, Esq.
Mr. Jesse represents corporate policyholders in negotiations and coverage disputes with their carriers. He has... | Read More
Mr. Jesse represents corporate policyholders in negotiations and coverage disputes with their carriers. He has particular experience in counseling policyholders during their D&O, E&O and EPL policy purchases/renewals. Mr. Jesse litigates against insurers to secure coverage for his clients, including coverage disputes arising out of product liability, environmental liability, and construction defect cases.Close
Suzanne L. Jones, Esq.
Hinshaw & Culbertson
Ms. Jones focuses her litigation practice on representing insurance companies in complex first- and third-party... | Read More
Ms. Jones focuses her litigation practice on representing insurance companies in complex first- and third-party coverage disputes in state and federal courts across the country. She has experience representing insurer's interests in declaratory judgment actions, breach of contract actions, direct actions and bad faith lawsuits. Ms. Jones is also experienced in addressing coverage issues under all types of insurance policies.Close
Christopher C. Loeber
Mr. Loeber represents Fortune 500 and other large corporate policyholders in a broad range of complex insurance... | Read More
Mr. Loeber represents Fortune 500 and other large corporate policyholders in a broad range of complex insurance disputes, including matters involving CGL, E&O, first-party property, D&O, fiduciary liability, marine cargo and broad-based leveraged corporate-owned life insurance policies. He frequently writes and lectures on a variety of insurance coverage and litigation topics.Close