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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, December 19, 2023

  • 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 discuss the rights and obligations of the policyholder and the insurance company regarding settlements and the company's liability for verdicts in excess of policy limits.

Faculty

Robert M. Horkovich
Managing Shareholder
Anderson Kill

Mr. Horkovich has obtained over $8 billion in settlements and judgments from insurance companies for his clients. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities. Mr. Horkovic’s victories include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholder including engaging on several significant projects by the United Nations as its general insurance counsel and the state of California where Anderson Kill served as lead trial in the state's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world). Mr. Horkovich is a frequent author and lecturer on insurance recovery topics.

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Johanna W. Clark
Co-Managing Shareholder
Carlton Fields Jorden Burt LLP

Ms. Clark defends companies in both state and federal courts in class actions, insurance bad faith litigation, insurance coverage disputes, malicious prosecution litigation, ERISA disability litigation, product liability litigation, general commercial litigation, and administrative housing discrimination claims. She has authored and presented on insurance bad faith claims.

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Amanda P. Ellison
Partner
Jones Day

Ms. Ellison focuses her practice on representing policyholders in pursuing insurance claims and litigation. Selected by Law360 as a "Rising Star" in 2019 in the insurance law category (one of five attorneys nationwide), Ms. Ellison has been involved in complex, high-stakes insurance coverage claims relating to numerous types of coverage, including commercial general liability, errors and omissions, property, and directors and officers liability insurance. She has also represented corporate clients in a wide variety of civil litigation, including consumer class actions, contract disputes, and business torts. Ms. Ellison has extensive experience in numerous aspects of litigation, including case management, discovery, pretrial motions, summary judgment, and appeals.

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Description

Policyholders and insurance companies often disagree during settlement negotiations involving underlying claims. When an insurance company fails to accept a reasonable settlement offered by an injured party, and the ultimate verdict exceeds policy limits, the policyholder may face liability. The insurance company faces a separate risk--exposure to bad faith claims and liability for the entire judgment.

Navigating these scenarios requires a detailed understanding of the scope of the duty to settle. Counsel must understand tactics commonly used and options available to each side. Though an insurance company may be justified in rejecting a settlement demand, the policyholder may settle without its insurance company's consent and sue the insurance company for bad faith.

Listen as our authoritative panel of insurance practitioners discusses the rights and obligations of the policyholder and the insurance company regarding settlements and the insurer's liability for verdicts in excess of policy limits. The panel will also explain actions insurance companies can take to reduce exposure to bad faith claims and options for the policyholder if the company rejects a settlement demand.

Outline

  1. The scope of an insurance company's duty to defend and duty to settle
  2. Insurance company's risk of claims for bad faith litigation
  3. Policyholder remedies when the insurance company breaches its duty to settle
  4. Best practices for insurance companies to reduce exposure to bad faith litigation, including identifying the bad faith setup
  5. Options for policyholders when the insurance company does not want to settle

Benefits

The panel will review these and other key issues:

  • What is the scope of an insurance company's duty to defend and duty to settle?
  • What are the factors for insurance companies when deciding whether to settle within the policy limits?
  • What factors do courts typically consider in deciding whether a particular settlement demand is reasonable?
  • What options are available to policyholders who disagree with the insurance company's decision not to settle within the policy limits?
  • What role does an excess insurance company have when the primary insurance company refuses to settle and the underlying case judgement potential reaches its limits?