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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

    Wednesday, July 22, 2020

  • 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 guide insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts defense and/or coverage obligations of both insurers and policyholders.

Faculty

Robert Friedman
Principal
Friedman, LLP

Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other U.S. and foreign jurisdictions. He also advised the State of Florida on insurance policy issues. He writes extensively about insurance coverage for many publications, including National Underwriter, Business Insurance, Risk & Insurance, South Florida Business Journal, and Harvard Law Record.

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Verne A. Pedro
In-House Counsel
Axon Underwriting Services, LLC

Mr. Pedro joined Axon Underwriting in August 2023 as In-House Counsel. He has practiced law for over 20 years focusing on a diverse insurance coverage counseling and litigation practice. Mr. Pedro's practice has encompassed a wide range of complex coverage matters, including commercial general liability, directors and officers, errors and omissions, cyber and data loss, professional liability, employment practices, and first-party property. Throughout his career, he has litigated construction accidents, transportation, subrogation, products liability, premises liability, copyright, and other civil litigation matters. 

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Christopher P. Ferragamo
Director
Jackson & Campbell

Mr. Ferragamo represents insurance companies in complex coverage cases arising from toxic tort, environmental and construction defects matters. He also provides clients with coverage analysis and recommendations regarding primary, umbrella and excess general liability, pollution legal liability, and D&O liability policies. He has litigated cases in state and federal courts in many jurisdictions nationwide.

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Description

With many companies seeking to control insurance costs by increasing self-insured retentions (SIRs) and deductibles, counsel must consider the impact of these risk retention vehicles on coverage and obligations of the parties.

SIRs present significant issues during claims settlement, such as whether the insured or its insurer controls settlement decisions. With the recent proliferation of business bankruptcies, litigation has ensued over an insurer's obligations when the insolvent policyholder is unable to pay its SIR.

Distinctions between deductibles and SIRs raise several critical coverage issues. For example, an additional insured under a policy with a deductible will be protected even if the named insured is unable to reimburse that deductible, whereas the named insured may have to pay the SIR before coverage is triggered.

Listen as our authoritative panel of insurance counsel guides practitioners in navigating the impact of policy deductibles and SIRs on key coverage issues and obligations of the parties.

Outline

  1. Distinctions between SIRs/deductibles and impact on limits and defense costs
  2. Attachment of SIRs/deductibles
  3. Number of SIRs/deductibles and the potential for stacking
  4. Application of SIRs as "other insurance"
  5. Obligation to pay SIRs/deductibles; insureds vs. additional insureds
  6. Insolvent insured unable to satisfy SIRs
  7. Satisfaction of SIRs/deductibles through payments by other insurers

Benefits

The panel will review these and other key questions:

  • How do the distinctions between SIRs and deductibles impact limits, control of the defense, and settlement?
  • Can a party other than the named insured satisfy the insured's deductible or SIR obligation?
  • How do defense costs impact an insured's deductible or SIR obligation?