This CLE course will provide counsel to insurers and policyholders with an analysis of the scope of an excess insurer's duty to defend and indemnify and a review of the most commonly disputed issues and how to respond. Read More

This CLE webinar will discuss situations in which equity may step in and require insurers to provide coverage under the terms of the policy notwithstanding a breach or lapse of the policy. The panel will review the elements of these equitable doctrines and the circumstances in which they are most li... Read More

The CLE course will address property and liability policy exclusions designed to preclude coverage for known loss, loss in progress, prior knowledge, and prior notice at the time coverage is applied for. The panel will provide insights into the evolving standards for how courts construe such provisi... Read More

This CLE course will analyze and explain critical estoppel and waiver issues for insurers and policyholders, including insurer conduct that supports claims, its impact on coverage claims, and conflicting court rulings on using the doctrine to allow, extend, or even create coverage. Read More

This CLE course will provide insurance counsel with a review of essential issues in horizontal and vertical exhaustion, the interrelationship between the primary carrier's obligation and those of the excess insurer, and best practices to resolve coverage priority disputes. Read More

This CLE webinar will discuss the purpose and application of MCS-90 endorsements and the four primary approaches courts take to determine when the MCS-90 endorsement applies. The panel will also examine how and why the endorsement provides settlement leverage for plaintiffs. Read More

This CLE webinar will help prepare insurers, policyholders, and their attorneys for the flood of major liability challenges and complex coverage issues arising out of alleged exposure to and contamination from the group of chemicals commonly referred to as PFAS. This comprehensive presentation will... Read More

This CLE webinar will offer guidance and insight to counsel on the complex issue of when something short of the actual filing of a complaint can trigger an insurer's duty to defend. The program will assist practitioners in avoiding an unintentional breach and the resulting waiver of coverage defense... Read More

This CLE webinar will offer insurance coverage lawyers guidance concerning difficult coverage issues that arise after a policyholder's loss to a business or residence is caused in whole or in part by water. Read More

This CLE webinar will help prepare insurers, policyholders, and their attorneys for the flood of major liability challenges and complex coverage issues arising out of alleged exposure to and contamination from the group of chemicals commonly referred to as PFAS. This comprehensive presentation will... Read More

This CLE webinar will guide attorneys through one of the most challenging of all issues: whether to settle for the policy limits while defending a potentially non-covered claim under a reservation of rights when taking into account almost certain damages exceeding policy limits. Read More

This CLE course will provide insurance counsel with a roadmap for understanding statutory and common law contribution and indemnification. The panel will analyze disputes that arise when reconciling indemnity agreements and insurance provisions and outline best practices for drafting indemnification... Read More

This CLE webinar will update insurance counsel on the latest developments in applying noncumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability. Read More

This CLE webinar will discuss how a successor company acquires and enforces insurance coverage obtained by its predecessor for claims materializing after--perhaps years after--the transfer. The panel will begin by reviewing whether insurance claims or policies can be assigned to another party as par... Read More

This CLE course will guide counsel through the facially simple appraisal option for settling disputes between the policyholder and insurer over the value of a loss. Each party hires an appraiser to value the loss, and the appraisers pick an "umpire" to decide the issue if the appraisers disagree. Read More

This CLE course will guide counsel through complex loss valuation issues under property damage policies when property - including real property and improvements - has been partially or completely destroyed. The program will discuss the methods for calculating replacement cost value (RCV) and actual... Read More

This CLE webinar will analyze for insurance counsel current trends and developments in policy language, coverage, claims, and litigation arising from business email compromises (such as social engineering, fraudulent instructions, network security), ransomware, and even ransomware negotiations. The... Read More

This CLE course will discuss key issues that are likely to arise when claims have been made under representations and warranties insurance (RWI) policies and will provide practical suggestions for both insurers and policyholders to resolve them efficiently and according to policy terms. Read More

This CLE webinar will discuss complex issues surrounding insurance coverage for damages related to breach of contract claims and the "Eaton Vance" rule. The panel review the "moral hazard" concerns used to justify the rule and whether the Eaton Vance rule goes further than necessary to protect legit... Read More

This CLE webinar will discuss the equitable remedy of reformation in the context of insurance coverage litigation. The panel will review the factual situations that give rise to demands for reformation, the grounds for reformation, when and how it is raised, factors considered, and how the remedy di... Read More

This CLE webinar will instruct insurance litigators on how to plead allegations that fall within a policy's coverage grant but outside the policy's exclusions when alleging the underlying claims that trigger coverage and the duty to defend. The program will identify mistakes that can get complaints... Read More

This CLE course will provide insurance counsel with the latest developments in liability allocation, factors involved in allocation of losses, a review of critical issues in horizontal and vertical exhaustion, the interrelationship between the liability of the primary carrier and the excess insurer,... Read More

This CLE webinar will instruct counsel when a company's D&O or professional liability insurance will cover the costs of responding to a formal investigative order, civil investigative demand, or subpoena. The program will discuss what policy terms and exclusions are often used to limit entity invest... Read More

This CLE webinar will discuss how counsel can draft valid coverage position letters (CPLs) without waiving defenses when proceeding under a reservation of rights (ROR). The program will also discuss how policyholder counsel receiving a CPL should review, analyze, and, if necessary, respond to a CPL.... Read More

This CLE webinar will guide insurance coverage counsel through issues that arise with insurance coverage for digital assets and claims and losses incurred by digital asset owners/investors, businesses, exchanges, third-party custodians that store cryptocurrency and other forms of digital assets on c... Read More

This CLE course will analyze how courts assess when the insurer's duty to defend is triggered concerning a claim by an additional insured. The panel will outline the various circumstances where extrinsic evidence is considered. Read More

This CLE course will offer guidance on structuring captive insurance programs across several scenarios. The panel will discuss the different types and uses of captive structures, best practices in regulatory compliance, and how to best leverage captive formation to maximize financial risk transfer a... Read More

This CLE course will discuss three important aspects of a liability insurer's duty to defend: (1) determining an insurer's duty to defend from pleadings and other sources; (2) circumstances when an insurer can withdraw from a defense; and (3) sometimes overlooked issues where there is collusion in t... Read More

This CLE webinar will demonstrate the manner and method of stacking uninsured and underinsured motorist (UI/UIM) coverage. The panel will offer an overview of how UI/UIM works, eligibility, intra- and inter-policy stacking, limits on stacking from exclusions and waivers, and more. The program will h... Read More

The CLE course will examine how to issue tenders of defense or indemnity that effectively transfer risk to third parties and their insurers as well as strategies for responding to tenders. The panel will discuss identifying who owes defense or indemnity, understanding the obligations under various c... Read More

This CLE webinar is about when and how liability insurance of various kinds will give rise to the duty to defend alleged violations of statutes regulating the collection and disclosure of biometric-related information, including fingerprints, facial recognition, voice recordings, and even keystroke... Read More

This CLE course will review claims, defenses, and complex issues under uninsured motorist/underinsured motorist (UM/UIM) policies. The program will highlight the significant coverage and procedural differences between "regular" policies and UM/UIM policies, the latest statutory and case law on "stac... Read More

This CLE course will discuss how and when attorneys' fees can be recovered in litigation over coverage and the insurer's duty to defend. The program will discuss how policyholders can recover costs and attorneys' fees when they successfully prosecute coverage actions, even in the absence of bad fait... Read More

This CLE webinar will discuss when prior rulings on coverage do not bind an excess insurer that follows form and when it can challenge the primary carrier's coverage, settlement, and payment decisions, including the theory of "improper erosion." Read More

This CLE course will present an overview of the significant coverage issues in the most recent iteration of the American Law Institute (ALI) ResThis CLE webinar will examine the real-world applications and decisions of the American Law Institute (ALI) Restatement on Liability Insurance, in key areas... Read More

This CLE webinar will discuss whether "physical loss or damage" sufficient to trigger prima facie coverage under a property or business income policy requires the policyholder to present evidence of "distinct, demonstrable, physical alteration of the property." The panel of both policyholder and ins... Read More

This CLE webinar will review the wide variety and range of answers to the complex and increasingly important issues of whether and under what circumstances a commercial general liability or other policy will cover an award of punitive damages against the insured. The program will also discuss best s... Read More

This CLE course will discuss the unique commercial property insurance coverage issues that insurers and policyholders face when responding to claimed losses arising from natural disasters like hurricanes and floods. The panel will discuss the deductibles and exclusions that most often create coverag... Read More

This CLE course will guide insurance counsel through the many different forms of "pollution exclusion" clauses in commercial general liability (CGL) policies, explore why they exclude many types of losses not caused by hazardous materials, review differing court interpretations of the exclusion, and... Read More

This CLE course will explore coverage under non-standalone cyber insurance policies for computer fraud and ransomware, examining such coverage under property, crime, kidnap & ransom, and D&O, among others. Read More

This CLE course will alert counsel who works for, with, or against insurance carriers to the dangers of eroding insurance policies, also known as defense-within-limits policies. When every dollar spent on legal fees reduces funds available to settle a case or pay a judgment, all involved must take e... Read More

This CLE course will guide counsel on the differences between seeking recovery under builders' risk, CGL, and wrap-up insurance policies. The program will cover what steps to take when a claim is suspected, how to maximize coverage under all available policies, current trends in claim denials, and b... Read More

This CLE course will review the effect of the concurrent proximate cause rule in coverage litigation where the plaintiff asserts coverage for losses resulting from multiple alleged causes, some covered and some excluded. The program will discuss different standards and approaches taken by various co... Read More

This CLE course will provide insurance counsel with the latest developments in liability allocation for claims involving multi-year losses under occurrence-based policies, how allocation is impacted by gaps in coverage, whether the reason for coverage affects allocation, the impact of policy wording... Read More

This CLE course will educate counsel for insurers and policyholders on how courts have split on coverage issues and exclusions impacting business interruption coverage related to the 2020 pandemic. The program will guide counsel through emerging rationales for both extending or denying coverage or a... Read More

This CLE course will guide insurance practitioners to an enhanced understanding of the use and abuse of assignment of benefits (AOB) whereby a third party, such as a contractor or physician, steps into the insured's shoes to negotiate claims with, and to receive payments and benefits directly from,... Read More

This CLE course will examine CGL policy exclusions frequently disputed in commercial business disputes, including contractual liability, business risk, third-party over, pollution, and data breach exclusions. The program will analyze recent case law developments interpreting the scope of these exclu... Read More

This CLE course will discuss how corporate policyholders should approach their insurance renewal in the new normal of COVID-19 and how to utilize notice of circumstances to their advantage. The insurance renewal process has been impacted dramatically by COVID-19, and the 2020-2021 renewal cycle will... Read More

This CLE course will address the insurance coverage issues raised by General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the growing list of state privacy statutes. The panel will provide practical guidance for insurance counsel on the new rights, obligations, and... Read More

This CLE course will explore the nationwide impact of a unanimous decision in favor of corporate policyholders by the California Supreme Court in April 2020. Policyholders can identify which policy years have the best coverage, collect, and let the carriers resolve further allocation. Any business w... Read More

This CLE course 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. Read More

This CLE course will provide attorneys across all practice areas much needed guidance and context for evaluating insurance coverage for firearms and shooting liability claims under different kinds of policies, as well as best practices and strategies for alleging or defending claims. Both the attorn... Read More

This CLE course will identify types of potentially insurable risk faced by the cannabis industry, review types of coverage, typical exclusions and associated legal issues, assess the state of the cannabis insurance market and state regulatory regimes, and provide practical guidance on obtaining insu... Read More

This CLE course will discuss making and resolving claims under employment practices liability (EPL) insurance, which offers coverage against employee lawsuits alleging discrimination and other improper employer acts. The webinar will identify recurring misconceptions and stumbling blocks and how to... Read More

This CLE course will analyze insurance on activity that is costing businesses millions of dollars annually--phishing and online scams. These fraudulent schemes involve email impersonation of otherwise known contacts seeking transfers of funds for seemingly legitimate corporate purposes. When the imp... Read More

This CLE course will address issues faced by insurers and policyholders responding to claimed losses or liabilities arising from the novel coronavirus (COVID-19). It will address all types of insurance including Event Cancellation Insurance, Property Insurance, Business Interruption Coverage, Contin... Read More

This CLE course will provide insurance counsel with a review of the critical differences between claims-made and occurrence policies concerning notice of claims and failure to give notice or timely notice. The panel will discuss other key issues such as the insurer's duty to reimburse defense costs... Read More

This CLE course will present an overview of the significant coverage issues in the recently adopted American Law Institute (ALI) Restatement on Liability Insurance, which took almost a decade to finalize. Given the breadth and scope of the Restatement, the panel will devote significant attention to... Read More

This CLE course will provide insurance counsel with an analysis of current trends and developments regarding biometric privacy violation claims and litigation. The program will analyze the current landscape regarding potential insurance coverage under D&O, E&O, CGL, cyber, and employment practices p... Read More

This CLE course will guide insurance counsel for both policyholders and insurers on claims made against insolvent, bankrupt, or defunct insureds. The panel will discuss recent cases addressing this issue and review the contractual, statutory, and common law arguments that counsel can leverage to bes... Read More

This CLE course will address the application of depreciation to the labor cost component of estimated replacement cost value in determining actual cash value (ACV) under homeowners' and commercial property insurance policies. The panel will provide practical guidance regarding labor costs and other... Read More

This CLE course will update insurance counsel on the latest developments in applying noncumulation provisions in CGL policies to deny coverage in long-tail claims. The panel will outline best practices for counsel to insureds or insurers to argue for maximizing coverage or minimizing liability. Read More

This CLE course will discuss the evolving trends and key coverage issues triggered by natural and man-made disasters, which produce claims under nearly every type of insurance in the marketplace. The program will explore the types of property and liability insurance involved and offer practical guid... Read More

This CLE course will discuss key insurance coverage issues for food contamination and product recall claims under CGL, property, and product contamination policies, the scope of coverage, coverage triggers, applicable conditions and exclusions, and policy language interpretation. The program will ad... Read More

This CLE course will discuss the unique risks that cyber-related losses resulting from social engineering fraud, spoofing, phishing, and other computer related-scams--such as where scammers have convinced employees to transfer funds to them using executives' hijacked email accounts--pose to business... Read More

This CLE course will guide counsel in choice of law issues and strategies in insurance coverage disputes, including how different jurisdictions approach conflicts of law and the various choice of law tests adopted by the courts, recent and future trends, and strategic and practical considerations fo... Read More

This CLE course will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under a reservation of rights, how different state laws and courts treat the issues, and best practices for both parties to protect their rights and resolve disputes. Read More

This CLE course will discuss how counsel for product manufacturers can maximize their clients' insurance coverage when faced with consumer or product liability claims. Read More

This CLE course will discuss insurance issues related to Bitcoin and other cryptocurrencies. The program will explore how standard insurance products--including D&O, cyber, CGL, E&O, commercial crime and property insurance--apply to cryptocurrency-related risks, as well as recent trends, case law an... Read More

This CLE course will explore insurance coverage issues related to the expanding breadth of opioid liability claims. Our panel will discuss coverage considerations, the increasing reach of these claims for those involved in the manufacture, distribution, prescription or payment for opioids, and the d... Read More

This CLE course will focus on the insurer's duty to indemnify and guide insurance counsel through issues related to whether liability insurance policies obligate the insurer to pay a settlement or judgment involving the insured. The program will distinguish the duty to indemnify from the duty to def... Read More

This CLE course will discuss evolving law on stacking commercial business insurance policies, where it is permitted and where it is not, key insurance policy provisions, and insurance policy interpretation maxims typically in play in disputes between insurers and policyholders on stacking of policie... Read More

This CLE course 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 i... Read More

This CLE course will provide insurance counsel with a review of coverage for statutory and liquidated damages, as well as attorney fees for opposing counsel in individual and class action claims. The panel will discuss policy interpretation, case law developments, and best practices for arguing cove... Read More

This CLE course will explore the contours of professional services coverage and exclusions under general liability, directors and officers, and professional liability policies. The panel will discuss recent trends in case law interpreting policy coverage and exclusions and guide counsel for policyho... Read More

This CLE course will discuss the unique risks that cyber-related losses pose to business operations and how to mitigate those risks with business interruption (BI) coverage. Our panel will guide insurer and policyholder counsel on negotiating terms and exclusions and how BI coverage works with other... Read More

This CLE course will explore distributed ledger technology (often called "blockchain") applications in the insurance industry, and prepare legal counsel, risk managers, and insurance professionals to address the legal risks associated with blockchain driven smart contracts. Read More

This CLE course will discuss recovery for indemnity and defense costs under business insurance policies for class action claims. The program will discuss how policyholders should scrutinize policies for potential coverage, and at a minimum for part of the claims to trigger a defense. The program wil... Read More

This CLE course will discuss defense cost coverage issues, including allocating costs in mixed actions, the insurer's right to recoup defense costs for non-covered claims, the insurer's obligation to pay defense fees for insured's independent counsel, and the insurer's right to limit reimbursement t... Read More

This CLE course will provide guidance to 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 poli... Read More

This CLE course will provide insurance counsel with an analysis of key factors that determine an "occurrence" in liability policies. The panel will outline potential arguments on the number of occurrences from both policyholder and insurer perspectives and discuss key case law developments from juri... Read More

This CLE course will provide insurance counsel with an understanding of the critical principles of subrogation, the interplay of subrogation with indemnity and hold-harmless releases, and best practices in drafting and negotiating waivers of subrogation, releases and indemnification clauses. Read More

This CLE course will examine the use of collaborative settlements and consent judgments between insured defendants and third-party plaintiffs as a strategy for obtaining indemnification from an insurer after the insurer has denied coverage. Listen as our authoritative panel of insurance practitioner... Read More

This CLE course will examine trends and recent case law in insurance policy rescission and related exclusions, discuss the varied legal standards underlying a misrepresentation claim or defense, and outline arguments for insurers to consider when asserting misrepresentation and measures policyholder... Read More

This CLE course will provide policyholder and insurer counsel with an examination of the evolving duties and standards that insurance brokers owe to policyholder clients. The program will review claims against brokers in coverage disputes and recent court decisions expanding a broker's duties in cer... Read More