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Insurance Agent and Broker Malpractice: Identifying and Mitigating Risks, Defending E&O Cl...
September 21, 2021 CLE Live Webinar

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... Read More

Establishing Exhaustion of Underlying Policies: Recurring Issues, Factors to Consider, Bel...
October 26, 2021 CLE Live Webinar

This CLE course will review what constitutes exhaustion of an underlying policy, how policyholders can prove it, and what defenses excess insurers may have to coverage triggers. Read More

Reptilian Tactics: Litigating First-Party Insurance Cases
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statemen...
September 9, 2021 CLE CLE On-Demand, Download

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 consi... Read More

Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds and the Made Whole Doct...
July 20, 2021 CLE CLE On-Demand, Download

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... Read More

Resolving Insurance Coverage Ambiguities: Discovery and Use of Extrinsic Evidence to Clari...
June 22, 2021 CLE CLE On-Demand, Download

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... Read More

Insured's Right to Independent Counsel: Conflicts of Interest, Multiple Insureds, Multiple...
May 25, 2021 CLE CLE On-Demand, Download

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... Read More

Insurance Agent and Broker Liability for Failure to Procure Necessary Coverage: Claims and...
Differing Standards of Care, Responsibilities of Insured, Causation, Damages
April 6, 2021 CLE CLE On-Demand, Download

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... Read More

Coverage and Bad Faith Litigation: Depositions of Insurance Claims Handlers or Representat...
Deposition Strategies From Perspectives of Both Insurers and Policyholders
March 16, 2021 CLE CLE On-Demand, Download

This CLE course will discuss deposition strategies for both 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... Read More

Depositions in Insurance Coverage and Bad Faith Litigation: 30(b)(6) and Fact Witnesses
February 23, 2021 CLE CLE On-Demand, Download

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... Read More

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

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... Read More

Nuclear Verdicts: Countering Social Influence, Corporate Mistrust, Humanizing Corporate De...
June 10, 2020 CLE CLE On-Demand, Download

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. Read More

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

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,... Read More

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

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... Read More

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

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. Read More

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

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... Read More

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

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... Read More

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

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... Read More

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

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... Read More

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

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... Read More

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

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... Read More

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

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. Read More

Insurance Litigation: Getting Social Media, Internet and Other Electronic Evidence Authent...
Overcoming the Hurdles of Relevance, Reliability, Hearsay and Privacy, Balancing Ethical a...
March 15, 2016 CLE CLE On-Demand, Download

This CLE course will provide insurance litigators with the tools needed for getting electronic evidence admitted at trial -- authenticating the evidence, proving its relevancy, and overcoming hearsay objections. The program will also address ethical considerations and privacy issues that counsel mus... Read More

Attorney-Client Privilege in Broker-Policyholder Communications: Maintaining or Attacking...
Navigating Privilege Waiver, Common Interest Doctrine, Claims Assistance Agreements and Mo...
December 10, 2015 CLE CLE On-Demand, Download

This CLE course will discuss the scope of the attorney-client privilege for communications between policyholders and their brokers, recurring scenarios in which waiver may occur, and the common interest exception, which protects disclosures to third parties. The program will discuss steps policyhold... Read More

ESI in Insurance Litigation: Preparing for FRCP Amendments on Proportionality and ESI Mana...
E-Discovery Strategies for Insurance Companies and Policyholders
June 24, 2015 CLE CLE On-Demand, Download

This CLE course will prepare insurance litigators for upcoming amendments to the Federal Rules of Civil Procedure by providing them with the tools to assess proportionality in light of the six factors outlined in the proposed amendments to Rule 26(b)(1) and effectively preserve ESI to avoid the sanc... Read More

Insurance Claims: Privilege and Work Product Challenges After TransCanada and Cedell
Navigating Discovery Requests and the Applicability of the Privilege in Insurance Litigati...
November 12, 2014 CLE CLE On-Demand, Download

This CLE course will drill down into important recent decisions that have raised serious implications for an insurer's assertion of the attorney-client and work product privileges in response to a discovery request. The panel will explain the impact of these decisions on the applicability of a privi... Read More

Insurance Litigation: Navigating Complex HIPAA Privacy Rules in the Discovery of Key Medic...
Complying With Federal and State Laws on HIPAA Authorization Forms, Subpoenas, Discovery R...
July 9, 2014 CLE CLE On-Demand, Download

This CLE course will instruct insurance claims counsel on navigating complex Health Insurance Portability and Accountability Act (HIPAA) privacy rules and state laws and procedural rules governing the discoverability of protected health information to obtain medical records of individuals, including... Read More

Insurers' Reporting Obligations Under Medicare Medicaid SCHIP Extension Act
Complying with MMSEA Requirements for Non-Group Health Plan Payers
September 22, 2011 CLE CLE On-Demand, Download

This CLE course will provide counsel with an overview of MSP and MMSEA obligations for insurers and self-insured entities. The panel will outline an effective compliance program to minimize liability for Medicare repayment obligations and discuss the impact of the MMSEA on the defense of general lia... Read More

Excess Insurance Disputes Among Policyholders and Primary and Excess Insurers
Allocating Multiple Layers of Coverage in the Wake of Qualcomm
December 17, 2009 CLE CLE On-Demand, Download

This CLE seminar will analyze the controversial Qualcomm decision and other rulings post- Qualcomm, examine other critical issues involved in evaluating excess-limit exposures, and discuss appropriate claims practices and settlement strategies. Read More

Bad Faith in Insurance Claims
Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct
July 15, 2009 CLE CLE On-Demand, Download

The teleconference/course format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations. This seminar will examine the types of conduct that may support a b... Read More

D&O and E&O Insurance Claims in the Economic Downturn
Litigating Claims, Assessing and Renegotiating Current Policies, and Optimizing Future Cov...
June 4, 2009 CLE CLE On-Demand, Download

This seminar will examine insurance coverage available to protect businesses during economic crisis, coverage issues relating to claims and lawsuits that are emerging as the crisis develops, and strategies for crafting insurance protection in the future. Read More

Contested Insurance Coverage: Defense Under Reservation of Rights
Strategies to Reconcile Policyholders’ and Insurers’ Competing Interests
April 2, 2009 CLE CLE On-Demand, Download

This seminar will examine the legal issues that arise for the insurer and the policyholder when the insurer's duty to defend is under dispute. The panel will discuss different state law and court approaches and ways that the insurer and the policyholder can work toward a resolution of the conflicts... Read More

California's Landmark Insurance Ruling in the Stringfellow Litigation
Indemnification Strategies in Continuing Property Damage and Personal Injury Claims
March 4, 2009 CLE CLE On-Demand, Download

This seminar will discuss the new California appellate court ruling that allows stacking of insurance policies in cases where an insured is facing continuous injury claims. The panel will review the implications of the ruling and best practices for policyholders, insurers and their counsel. Read More

Allocation of Loss in Insurance Litigation
Effective Scope of Coverage Strategies for Policyholders and Insurers
November 6, 2008 CLE CLE On-Demand, Download

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Attorney–Client Privilege in Jeopardy in Insurance Litigation
Strategies for Preserving Confidential Communications
March 11, 2008 CLE

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Discovery in Bad Faith Insurance Claims
State of the Law, Successful Strategies
October 10, 2007 CLE

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