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Description:
Many neophyte plaintiff’s lawyers who file civil liability actions anticipating that defendants’ valid liability insurance will fund a settlement or judgment need to understand how liability insurers routinely seek to deny coverage to their policyholders and injured plaintiffs.
The first thing liability insurers do is to answer three questions:
Does the insurer have:
1) A duty to defend?
2) A duty to indemnify?
3) The right to control the policyholder’s defense?
Because the answer to these questions derives from a comparison of the language of the insurance policy to the language of the plaintiff’s complaint and proof, plaintiffs’ counsel often has vast power to secure valuable insurance coverage.
This program will address how lawyers may properly advance goals of pleading and proving covered damages, correcting pleading defects, developing truthful evidence, and perhaps exposing actual conflicts of interest pursuant to Rules 1.4 and 1.7 that may ethically disqualify the insurer’s pre-approved panel counsel from protecting the insurer’s interests to the detriment of the plaintiff and the policyholder.
Stephen Thomas specializes in insurance coverage for business litigation. Steve’s undergraduate degree is from Brown University in 1970, and his law degree is from Washington University in St. Louis in 1974.
Principal fields of study include duty to defend, conflicts of interest, reservations of rights, the right to independent (Cumis) counsel, lawyers’ ethical obligations, reasonableness of attorney fees, insurer reimbursement claims, good faith reliance on counsel, insurer good or bad faith, and insurance coverage in complex civil litigation.
 | | Practice Areas: | | Ethics & Professional Responsibility, Insurance Law | | | Online Media Type: | | Video | | | Production Date: | | 06/05/2024 12:00 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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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.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
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| | • | Stephen Thomas - Thomas & Elliott LLP |
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