Program Details
On Demand

Insurer's Duty to Defend Notwithstanding Coverage Defenses : Part 1

Content Partner:  HB Litigation Conferences
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Price: $195.00*
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What core concepts are addressed?

This presentation addresses an insurer’s duty to defend under an insurance policy and the various state laws, both statutory and decisional, that affect this duty.  Using a hypothetical set of facts involving a lawyers’ professional liability claim, the presentation explores the circumstances under which an insurer’s duty to defend is triggered, how various jurisdictions address the use of extrinsic evidence in an insurer’s duty-to-defend analysis, and when an insurer may be entitled to rescind an insurance contract.  The presentation also addresses how different jurisdictions approach the issue of an insured’s right to independent counsel and whether an insurer may challenge the reasonableness of defense costs.  The program examines the consequences of an insurer’s wrongful refusal to defend, including whether an insurer that has improperly denied its duty to defend may be liable for a judgment or settlement in excess of policy limits.  Finally, the program explores whether an insured may be entitled to recover its defense costs where an insurer has unsuccessfully brought a declaratory judgment action against the insured seeking a determination that it has no obligation to defend.
What are the key learning objectives?

  1. create an appreciation on behalf of the insurance claims professionals of the nuances and complexities of these issues;
  2. recognize when an insurer’s denial of its duty to defend may expose it to a judgment or settlement in excess of policy limits;
  3. understand how different jurisdictions approach an insured’s right to independent counsel; and
  4. understand when an insured may recover its defense costs in a declaratory judgment action.

Practice Areas: Insurance Law
Online Media Type: Audio
Production Date: 05/13/2014
Level: Intermediate
Category: Standard
Duration: 1 Hours, 2 Minutes
Online Format: On Demand

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

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Total Credits: 1
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

West LegalEdcenter provides accreditation as described here. You may be able to self apply for credits in states not listed.

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John D. Hughes - Partner, Edwards Wildman, LLP
Robert W. DiUbaldo - Partner, Edwards Wildman, LLP
Laura Bange - Associate, Edwards Wildman, LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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