Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend

CD & Manual
  389148TMX $199.00 USD Add to Cart
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 92 Min. Audio MP3 - No shipping cost
   389148POD $199.00 USD Add to Cart
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What is a Podcast?

Benefits

This live audio conference will provide an overview of insurance coverage for defense of third-party claims and suits, focusing on how defense cost coverage is allocated and defense costs reimbursed under difference types of insurance policies, as among insurers, and as between insurers and insureds. Areas addressed will include critical components of the 'duty to defend,' key principles of defense coverage provided under 'duty to defend,' defense cost advancement, and defense cost reimbursement types of policies, the methodology used in allocating defense costs between and among different insurers, different types of coverages, and insureds, and circumstances in which insurers may 'claw back' defense payments previously made to insureds. The live audio conference will be beneficial to coverage counsel for insurers and insureds, defense counsel involved in representing insureds in 'defense coverage' situations, and risk management and insurance professionals.


Agenda

Overview – Defense Coverage
  • The 'Duty to Defend'
  • 'Pay on Behalf Of' Defense Coverage
  • Defense Cost Advancement
  • Reimbursement/Indemnification of Defense Costs
Duty to Defend – Key Principles
  • Determining Existence of Duty to Defend
    • 'Eight Corners' Rule
    • Extrinsic Evidence
  • Defending Under a Reservation of Rights
    • Conflicts of Interest and Right to Independent Counsel
    • Selection of Defense Counsel
    • Insurer Counsel Guidelines
    • Privilege Protection and Waiver Issues
    • Defense Counsel's Rates
Allocation of Defense Costs
  • Among Multiple Primary Insurers
    • Multiple Years of Primary Coverage
    • Concurrent Coverage (Including 'Additional Insured' Coverage)
    • 'Targeted Tender'
  • Among Multiple Primary and Excess/Umbrella Insurers
  • Among 'Claims Made' and 'Occurrence' Policies
  • Among Insurers and Insured
Insurer 'Claw Back' or Reimbursement of Defense Costs From Insured
  • Under 'Duty to Defend' Policies
  • Under Defense Cost Advancement Policies
  • Under Defense Cost Reimbursement/Indemnification Policies

Faculty

John D. Shugrue, Reed Smith LLP


John D. Shugrue
  • Partner in the Insurance Recovery Group in Reed Smith LLP’s Chicago office
  • Practice focuses on representing policyholders in complex litigation and insurance coverage matters involving commercial general liability, directors and officers, errors and omissions, first-party property and business interruption, pollution liability and fidelity coverage
  • Experience with all major U.S. insurers and experienced in litigation, mediation and arbitration with Lloyd’s of London, and other London and Bermuda market insurers
  • Recognized as one of the top policyholder practitioners in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America
  • Writes and lectures often on insurance coverage topics, including D&O insurance, business interruption claims, environmental insurance coverage, coverage for emerging area of tort liability, use of ADR in insurance disputes, and special issues relating to Lloyd’s of London and the London insurance market
  • Co-wrote the treatise Insurance Coverage Disputes, published by Law Journal Press
  • Former co-chair of the American Bar Association Litigation Section’s Insurance Coverage Litigation Committee
  • Twice co-chaired the committee’s annual meeting, and co-chaired a bipartisan American Bar Association task force that prepared the Manual for Complex Insurance Coverage Litigation
  • Graduate, with honors, University of North Carolina School of Law and the University of Denver
  • Can be contacted at 312-207-2459 or jshugrue@reedsmith.com




These Materials are Designed For

This live audio conference is designed for attorneys. Other legal professionals may also benefit from attending.

CD & Manual - CD Set with bound 20 page manual
Podcast - 92 Minute MP3 with 20 page electronic manual - Immediate Access and No Shipping Cost