Reconstructing Coverage Under Missing Policies: Sources of Evidence, Burdens of Proof, Sco...
April 4, 2023 • CLE • Live Webinar
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This CLE webinar will discuss why locating and evaluating coverage under old insurance policies has become a strategic imperative and the evidentiary requirements for proving or denying coverage when the terms of an insurance policy are missing.
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Removing Insurance Cases to Federal Court: Strategic Considerations and Recurring Challeng...
April 18, 2023 • CLE • Live Webinar
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This CLE webinar will discuss why federal court may or may not be a better forum for insurers and review recurring challenges with effecting removal, such as citizenship of limited liability companies, inactive or dissolved entities, improper joinder, and resisting remand.
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Depositions in Insurance Coverage and Bad Faith Litigation: 30(b)(6) and Fact Witnesses
May 2, 2023 • CLE • Live Webinar
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This CLE course will prepare policyholder and insurance company litigators to question fact witnesses and corporate witnesses in coverage and bad faith litigation. The panel will outline their experiences and perspectives on leveraging testimony by corporate representatives for both sides, using FRC...
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Arbitrability and Arbitration of Insurance Disputes: Regulation, Policyholder Defenses, Ru...
May 9, 2023 • CLE • Live Webinar
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This CLE webinar will discuss whether and when insurance coverage disputes must be arbitrated, defenses to mandatory arbitration, and how arbitration of such disputes works. The panel will also discuss international arbitration of insurance disputes, including what disputes are considered "internati...
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Coverage and Bad Faith Litigation: Depositions of Insurance Claims Handlers or Representat...
Deposition Strategies From Perspectives of Both Insurers and Policyholders
May 18, 2023 • CLE • Live Webinar
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This CLE course will discuss deposition strategies for insurers and policyholders to defend or take the claims handler or representative's deposition. The program will also review communications between the claims handler and insurance counsel and communications that may come under the attorney-clie...
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Insurer's Duty to Prosecute the Policyholder's Affirmative Claims: Ethical and Coverage-Sa...
May 23, 2023 • CLE, CLE Ethics • Live Webinar
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This CLE webinar will discuss the scenarios when an insurer's duty to defend requires it to prosecute the policyholder's affirmative counterclaims, crossclaims, or third-party claims. The panelist will also discuss Model Rules of Professional Responsibility 1.1 (Competence), 1.2 (Scope of Representa...
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Insurer Malpractice Claims Against Defense Counsel: Recognizing, Defending, and Preventing...
January 24, 2023 • CLE • CLE On-Demand, Download
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This CLE webinar will guide insurance defense counsel through the increasingly important topic of insurer claims against defense counsel for legal malpractice committed while defending the insured. The program will review common errors, whether a cause of action exists and who may assert it, how lia...
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Ethics of Insurance Defense Under ROR: Model Rule 1.7, Conflicts, and Insured's Right to I...
January 18, 2023 • CLE, CLE Ethics • CLE On-Demand, Download
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This CLE webinar will offer objective legal analysis and subjective, practical suggestions about how to resolve ethical dilemmas which need to be addressed when a liability insurer agrees to defend its policyholder under a reservation of rights but proceeds to appoint defense counsel and direct the...
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Designing and Drafting Insurance Settlements and Releases
Covered and Non-Covered Claims, Multiple Defendants, Overbroad Language
December 1, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will review the best strategies for drafting insurance settlements, focusing on releases. The panel will discuss issues that arise with covered and non-covered claims, multiple defendants, problematic language that can sabotage the parties' expectations and forfeit future rights, an...
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One Insured, Multiple Insurers, Multiple Lawsuits: Managing Liability, Settlement, and Cov...
October 12, 2022 • CLE • CLE On-Demand, Download
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This CLE webinar will discuss how to manage coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers. The panel will review how to resolve which insurers must defend and defense sharing agreements, best strategi...
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Reptilian Tactics: Litigating First-Party Insurance Cases
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statemen...
August 16, 2022 • CLE • CLE On-Demand, Download
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This CLE course will guide insurance counsel on applying the "reptile theory" in first-party insurance cases. Our panel will explore tactics used by counsel for insureds to leverage this litigation strategy, and steps insurers can take to neutralize them effectively. The panel will also discuss cons...
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Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doct...
June 29, 2022 • CLE • CLE On-Demand, Download
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This CLE course will guide insurance company, policyholder, and in-house counsel through the nuances of the "made whole doctrine" and the many different types of releases, waivers, and other devices insurance companies use to clarify or mitigate its effect to maintain priority recoveries from third...
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Insurer and Policyholder Insolvency: Marshaling the Rights and Obligations of Insurers, Po...
April 26, 2022 • CLE • CLE On-Demand, Download
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This CLE course will review the unique issues that counsel, for insurers, reinsurers, policyholders, or claimholders, face when either the insurer or the insured becomes insolvent. The panel will discuss the insurer's obligations when it is facing insolvency, what happens to insurers that cannot mee...
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Insurance Agent and Broker Liability for Failure to Procure Necessary Coverage: Claims and...
Differing Standards of Care, Responsibilities of Insured, Causation, Damages
April 5, 2022 • CLE • CLE On-Demand, Download
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This CLE course will inform and educate insurance counsel regarding the peril to agents and brokers arising out of the failure to procure coverage that an insured either explicitly sought or required. Liability shifts from jurisdiction to jurisdiction and situation to situation--counsel must know th...
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Calculating Damages for Business Interruption Losses: Coverage Maximizing Methodologies, P...
March 29, 2022 • CLE • CLE On-Demand, Download
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This CLE course will discuss the challenges that COVID-19 and other catastrophes present when calculating business interruption claims. The panel will discuss the two most commonly adopted methodologies, how the court's approach can affect recovery, and the effect of recent decisions and pending iss...
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Insurance Agent and Broker Malpractice: Identifying and Mitigating Risks, Defending E&O Cl...
September 21, 2021 • CLE • CLE On-Demand, Download
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This CLE will discuss the wide ranging and heightened professional liability risks facing insurance agents and brokers, the types of conduct that may give rise to expanded risks, and how to best protect and defend against a variety of errors and omissions claims that may arise. The program will addr...
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Resolving Insurance Coverage Ambiguities: Discovery and Use of Extrinsic Evidence to Clari...
June 22, 2021 • CLE • CLE On-Demand, Download
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This CLE course will review the inconsistencies regarding when extrinsic evidence may be used to establish that a particular policy provision is ambiguous and discuss interpreting any ambiguity as well exceptions to the "four/eight corners" rule. The panel will focus on key jurisdictions and discuss...
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Insured's Right to Independent Counsel: Conflicts of Interest, Multiple Insureds, Multiple...
May 25, 2021 • CLE • CLE On-Demand, Download
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This CLE course will provide insurance counsel with an in-depth review of the parameters of the insured's right to appoint an independent counsel. The panel will discuss varying court standards and emerging issues and outline best practices for both policyholders and insurers to resolve disputes ove...
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Responding to Insurance Investigations: Cooperating Fully While Safeguarding Privilege and...
Preventing Insurer Abuse, Misuse, Disclosure; Protecting Confidential Information; Guardin...
February 11, 2021 • CLE • CLE On-Demand, Download
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This CLE course will guide policyholder counsel on strategies and best practices for responding to insurer claims that the duty of cooperation requires disclosure of privileged defense communications or work product that might later be used to challenge coverage. Insurers routinely assess claims und...
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Nuclear Verdicts: Countering Social Influence, Corporate Mistrust, Humanizing Corporate De...
June 10, 2020 • CLE • CLE On-Demand, Download
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This CLE course will offer trial lawyers concrete strategies and tactics to diffuse potential jury anger in setting damages, provide reasonable alternative damages figures for a defense verdict, and personalizing the corporate defendant to the jury panel.
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Confronting Organized Insurance-Fraud Schemes and Sham Claims
Avoiding Payment of Sham Claims, Tools to Deter and Recover from Scheme Leaders, Seeking C...
May 27, 2020 • CLE • CLE On-Demand, Download
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This CLE course will guide attorneys representing insurance companies in spotting and unraveling increasingly complex and organized fraud. These schemes may be related to only one claim but increasingly span multiple industries and types of policies, including commercial and property; life, health,...
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Insurance Litigation: Leveraging Daubert/Frye Admissibility Standards for Expert Testimony...
Distinguishing Daubert vs. Frye Standards, Challenging Expert Reliance on Hearsay Articles...
March 5, 2020 • CLE • CLE On-Demand, Download
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This CLE course will prepare insurance litigators to meet the Daubert/Frye standards on the admissibility of expert opinion testimony and outline practical strategies for challenging expert testimony. Litigators will learn key differences between federal and state expert testimony standards in those...
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Insurance Litigation and Work Product: Obtaining or Protecting Documents in Coverage and B...
Resolving Discovery Over Claims Files, Underwriting Files and Manuals, Other Insureds File...
January 15, 2020 • CLE • CLE On-Demand, Download
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This CLE course will provide insurance counsel with a thorough examination of the scope of the work product doctrine and how it arises in the insurance coverage and bad faith litigation context. The panel will review case law guidance and best practices for resolving these discovery disputes.
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Defeating Phantom Exclusions in D&O and E&O Coverage: Guidance for Policyholders
Overcoming Denials of Coverage Based on Restitution and Disgorgement After U.S. Bank N.A....
July 26, 2018 • CLE • CLE On-Demand, Download
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This CLE course will discuss the phantom disgorgement exclusion often relied upon by D&O and E&O professional liability insurers to deny coverage for claims involving individual and corporate wrongdoing and the shifting landscape of its viability as an affirmative defense based on the 2014 decision...
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Insurance Defense Litigation: Defending Against the Reptile Theory Utilized by Plaintiffs
Preparing Deponents and Witnesses, Conducting Voir Dire, Opening and Closing Arguments, an...
November 7, 2017 • CLE • CLE On-Demand, Download
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This CLE course will provide guidance to insurance defense litigators on combating the trial strategy commonly known as the "reptile theory." The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys throughout the life of the case and how defense counsel can strategical...
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Insurance-Related Class Actions: Strategies for Class Certification, Dispositive Motions a...
Pursuing or Defending Actions Over Insurance Products or Claims Handling
June 20, 2017 • CLE • CLE On-Demand, Download
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This CLE course will examine the legal issues confronting litigators when pursuing or defending claims against insurance companies. The panel will offer best practices for seeking or opposing class certification, bringing or challenging dispositive motions, and navigating the discovery process, as w...
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Social Media Admissions in Insurance Litigation: Investigative Strategies, Spoliation Warn...
Finding and Obtaining Evidence Adverse to Opponents From Twitter, Instagram, Facebook, You...
June 7, 2017 • CLE • CLE On-Demand, Download
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This CLE course will provide guidance to insurance litigators for mitigating the risks that social media posts frequently pose for plaintiff/policyholders as well as tips for insurers to track down admissions on social media sites. The panel will discuss best practices for advising plaintiff/policyh...
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Policyholder's Duty to Cooperate: Advocating or Defending Against Loss of Coverage for Bre...
Navigating Scope of the Duty, Privilege Issues, Settlement, and Consequences of Insured's...
March 23, 2017 • CLE • CLE On-Demand, Download
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Strafford CLE Pass.
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This CLE course will discuss the scope of the insured's duty to cooperate, the circumstances under which an insurer can disclaim coverage by alleging the insured breached that duty, the insurer's burden of proof, and other issues that arise in this context such as attorney-client privilege and claim...
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Discovery of Insurance Reserves, Reinsurance, and "Other Claims" Files in Coverage and Bad...
Navigating Relevancy, Privilege and Work Product, Burdensome Objections: Policyholder and...
November 8, 2016 • CLE • CLE On-Demand, Download
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This CLE course will provide insurance counsel with an understanding of the evolving case law regarding the discovery of reinsurance, reserve information, and "other claims" files in the context of coverage or bad faith litigation between a policyholder and its insurance carrier. The program will di...
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Insurance Declaratory Judgment Actions and the Federal Abstention Doctrine: Strategies and...
Perspectives From Policyholder and Insurer Counsel on Litigating Declaratory Judgments and...
April 12, 2016 • CLE • CLE On-Demand, Download
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The CLE course will address issues and strategies in deciding whether and when to seek declaratory relief, threshold issues, limitations, and the applicability of the abstention doctrine for declaratory judgment actions brought in federal court.
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