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

 

Gain an understanding of how defense cost is allocated and reimbursed under various types of insurance policies.

This topic 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 different types of insurance policies, among insurers, and 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 topic 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

Faculty

Kevin B. Dreher

Kevin B. Dreher

Barnes & Thornburg LLP

  • Partner, Barnes & Thornburg LLP, co-chair of Insurance Recovery Practice
  • Litigator and trial lawyer focusing on insurance recovery on behalf of policyholders, complex commercial litigation, and dispute-related counseling
  • Has represented policyholders and recovered hundreds of millions of dollars in a wide range of insurance coverage disputes, including long-tail environmental, toxic tort, and asbestos claims under general liability policies; claims for media liability and PAIL coverage; losses stemming from natural and man-made disasters and COVID-19 under first-party and business interruption insurance; securities and fiduciary duty claims triggering D&O liability coverage and professional liability insurance; and losses under ocean cargo marine and storage policies
  • Can be contacted at [email protected] or 312-214-8308
Thomas A. Marrinson

Thomas A. Marrinson

Reed Smith LLP

  • Partner in the Chicago office of Reed Smith LLP
  • Practice focuses on commercial litigation and contracts, with a special emphasis on insurance coverage and other forms of contractual risk transfer
  • Regular speaker and presenter on topics involving insurance coverage and risk transfer
  • Author of numerous publications, including Professional Liability Insurance and co-author of Insurance Coverage Disputes
  • Adjunct Professor, University of Illinois at Chicago Law School – Mediation and Mediation Advocacy
  • Member of the Board of Legal Aid Chicago and a governing member of the Brookfield Zoo
  • J.D. degree, UCLA School of Law; A.B. degree, Columbia University
  • Can be contacted at [email protected]
Haley A. Hinton

Haley A. Hinton

Barnes & Thornburg LLP

  • Associate in the Insurance Recovery Group of Barnes & Thornburg LLP in Chicago
  • Represents manufacturers, national sports teams and leagues, and policyholders with claims related to mergers and acquisitions, under representations, and warranties policies
  • Represents companies with loss related to cybercrime under cyber liability coverage, long-tail environmental and toxic tort claims under general liability policies, including companies with loss related to COVID-19, natural disaster under first-party and business interruption insurance, and companies with loss under ocean cargo marine and storage policies
  • Unique insurance experience
  • Served as a legal and legislative intern at the Connecticut Department of Insurance
  • Served as an intern for a major insurer and as a summer associate at an insurance defense firm

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