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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, February 15, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will present an overview of the significant coverage issues in the most recent iteration of the American Law Institute (ALI) ResThis CLE webinar will examine the real-world applications and decisions of the American Law Institute (ALI) Restatement on Liability Insurance, in key areas, such as the plain meaning rule; bad faith/damages; reservation of rights letters; the role of defense counsel; reimbursement of defense fees; and the duty to settle. The panel will identify typical scenarios where the Restatement is often invoked and discuss actual decisions. The program will prepare counsel to argue in court on topics that ALI has addressed.

Faculty

Linda W. Hsu
Partner
Selman Leichenger Edson Hsu Newman & Moore, LLP

Ms. Hsu has specialized in insurance coverage and insurance bad faith litigation since 1994. She handles all first and third-party insurance coverage issues involving all types of insurance policies, including personal and commercial auto, homeowners, CGL, and all types of professional errors & omissions policies. Ms. Hsu has authored countless coverage opinions, has mediated hundreds of cases, and successfully litigates both declaratory relief and bad faith actions, through trial if necessary.

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Jeffrey E. Thomas
Associate Dean
University Of Missouri-Kansas City

Mr. Thomas' research focuses on insurance law and on the intersection between law and culture. He is the Editor-in-Chief of the New Appleman on Insurance Law Library Edition, co-author of the three-volume treatise Uninsured and Underinsured Motorist Insurance, and an Adviser to the American Law Institute’s Restatement of the Law, Liability Insurance.

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Patricia M. Lambert
Member
PK Law

Ms. Lambert has over 35 years of experience in handling complex commercial litigation and insurance matters. She has worked on national class actions, significant litigation and regulatory matters for Fortune 500 companies. Ms. Lambert has also assisted small and mid-sized companies and business executives with contract, real estate, liability assessment and commercial disputes that needed to be resolved quickly and efficiently. She is best known as an attorney who knows the field of insurance. Ms. Lambert has represented insurers, policyholders, and insurance producers in disputes both in court and before the Maryland Insurance Administration.

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Description

Historically, Restatements published by the ALI have had an enormous influence on binding legal decisions. But it is unclear whether the most recent and most controversial changes will be as influential as courts have both embraced and rejected its positions.

The panel will focus on those areas of concern to insurance coverage professionals as they were actually decided. The program will explore what strategies have worked in arguments to real tribunals.

Listen as our panel of distinguished insurance practitioners outlines the Restatement's most important takeaways and how to make practical real-world arguments.

Outline

  1. Overview of the Restatement
  2. High priority areas
    1. Coverage interpretation / extrinsic evidence
    2. Duty to defend
      1. Defense counsel's sharing of information with the insurer
      2. Supplementing the reservation of rights
      3. Liability of insurers for defense counsel's malpractice
      4. Reimbursement of defense costs
    3. Claim settlement
    4. Bad faith
  3. Review of recent cases

Benefits

The panel will review these and other notable matters:

  • How does the Restatement treat the plain meaning rule to policy interpretation?
  • What impact does the Restatement have on communications between insurers and defense counsel?
  • How does the Restatement treat bad faith and the duty to defend?
  • What are the remedies for a breach of duties?
  • How does the Reinstatement address reimbursement of defense costs?
  • To what extent are insurance practitioners already using--and courts adopting--the new Restatement?