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OnDemand Course

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, 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 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.

91 minutes
Certificate of Completion
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview -- Defense Coverage

  • The Duty to Defend
  • Defense Cost Advancement
  • Reimbursement/Indemnification of Defense Costs

Duty to Defend -- Key Principles

  • Determining Existence of Duty to Defend
  • Defending Under a Reservation of Rights

Allocation of Defense Costs

  • Among Multiple Primary 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
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 20, 2019.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.5
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education credit.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • NALA 1.5
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.5 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kevin B. Dreher

Kevin B. Dreher

Barnes & Thornburg LLP

  • Partner in the Insurance Recovery Group in Barnes & Thornburg LLP’s Chicago and Michigan offices
  • Practice focuses on commercial litigation with an emphasis on representing policyholders in complex litigation and insurance disputes
  • Insurance coverage practice is nationwide and has involved litigation in jurisdictions throughout the United States
  • Significant experience representing and counseling Fortune 500 companies in a variety of complex commercial litigation and insurance matters
  • Handled disputes in negotiation and litigation with all major U.S. insurers, and London and Bermuda market insurers
  • Can be contacted at 312-214-8308 or [email protected]
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, and is the author of numerous publications, including Professional Liability Insurance and co-author of Insurance Coverage Disputes
  • 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]
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406122
Published 2019
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