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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

    Thursday, December 1, 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 webinar will review the best strategies for drafting insurance settlements, focusing on releases. The panel will discuss issues that arise with covered and non-covered claims, multiple defendants, problematic language that can sabotage the parties' expectations and forfeit future rights, and how to avoid over and underinclusive language that can have unintended consequences.

Faculty

Paul R. Koepff
Partner
Clyde & Co LLP

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."

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Jay M. Levin
Shareholder
Flaster Law Firm

Mr. Levin is a member of Flaster Greenberg’s Insurance Counseling and Recovery and Litigation Practice Groups, focusing his practice on representing policyholders in disputes with insurance companies involving all types of insurance coverage.

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Description

A party paying under a settlement expects closure; therefore, the release is a critical component of most settlement agreements and requires careful forethought and skillful drafting. Both underinclusive and overinclusive liability releases may substantially handicap future legal rights against contract parties or third parties. Confidentiality and hold harmless provisions can create serious complications.

There is danger in assuming, without further analysis, that customary language is appropriate. Getting or giving the broadest release possible is not always the best course. A complex case involving several parties increases the difficulty of defining and understanding the scope of the release, and who is giving and getting it. Parties have unknowingly waived claims against third parties by releasing an insurer even if those claims were unrelated to litigation.

Listen as this experienced panel offers the best strategies for drafting and analyzing insurance settlement releases.

Outline

  1. Purposes of releases
  2. Elements of a strong release
  3. Pitfalls of overly broad releases
  4. Addressing unknown claims or claimants

Benefits

The panel will review these and other key issues:

  • How can policyholders preserve rights to seek supplemental benefits under a policy?
  • Is there a legal basis in the insurance contract for an insurance carrier to demand a release from the policyholder?
  • What is the best way to protect rights against third parties?