Winning and Losing Strategies Litigating the Duty to Defend: Policyholder and Insurer Considerations
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will showcase winning and losing strategies for insurers and policyholders when litigating the duty to defend. The panel will discuss how each side assesses strategic issues that must be considered when deciding whether, how, and where to litigate the insurer's obligations to defend, to advance defense costs, or to reimburse the insured for amounts already incurred. The panel will offer examples from a variety of substantive practice areas and different types of policies and highlight the most important factors that lead to each particular outcome.
Outline
- Scope of duty to defend
- Insurer considerations
- Policyholder considerations
Benefits
The panel will review these and other important issues:
- Is there an advantage to being the plaintiff in duty to defend litigation?
- What is the effect of later discovery of evidence that no duty to defend exists?
- What happens when both insurer and insured file competing lawsuits?
Faculty
Esther Y. Kim
Senior Associate
Reed Smith
Ms. Kim is a senior associate in the Insurance Recovery Group, focusing her practice on representing corporate,... | Read More
Ms. Kim is a senior associate in the Insurance Recovery Group, focusing her practice on representing corporate, commercial, and residential policyholders in disputes with insurance companies. She works primarily with Commercial General Liability (CGL), Directors and Officers liability (D&O), Professional Errors and Omissions (E&O), and first-party property policies, providing coverage opinions, counseling, and dispute resolution. Ms. Kim serves well-known clients in the banking and financial institutions, healthcare, hospitality, manufacturing, retail, transportation and energy sectors, as well as religious institutions and small and medium sized businesses. In law school, she was a judicial intern to the Honorable Pamela K. Chen of the United States District Court of the Eastern District of New York. Ms. Kim serves as co-chair of the Insurance Subcommittee of the Business Law Section of the Philadelphia Bar Association.
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Konrad R. Krebs
Senior Counsel
Clyde & Co
Mr. Krebs is based in Philadelphia and is a commercial trial and appellate lawyer representing insurance... | Read More
Mr. Krebs is based in Philadelphia and is a commercial trial and appellate lawyer representing insurance carriers and businesses in complex commercial, insurance, and bad faith litigation. He focuses his practice on disputes involves large exposures and emerging issues of law that are likely to impact future industry disputes. As part of this practice, Mr. Krebs frequently represents insurance clients in emerging mass tort, environmental, and bankruptcy exposures. He advises insurers in coverage disputes under all types of policies, including commercial general liability, directors' & officers', errors and omissions, employers’ liability, professional liability, excess, cyber, and first-party policies. Mr. Krebs has been at the forefront of some of the most contentious insurance disputes of the past decade, guiding clients through a litany of major mass tort bankruptcies, multidistrict litigation, and coverage disputes receiving industry-wide attention.
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Danielle McKenzie
Senior Counsel
Clyde & Co
Ms.McKenzie is based in Seattle and represents insurers in coverage and bad faith litigation in Washington state and... | Read More
Ms.McKenzie is based in Seattle and represents insurers in coverage and bad faith litigation in Washington state and federal courts at the trial and appellate levels. She has experience advising insurers on first- and third-party coverage issues under personal and commercial lines policies, including commercial general liability, professional liability, employment practices liability, commercial auto, commercial property, and excess policies.
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