About the Course
Introduction
This CLE course will provide a foundation on choice-of-law issues in insurance coverage disputes for new insurance lawyers. The panel will discuss why these disputes arise, different jurisdictional approaches, and strategic and practical considerations that counsel need to keep in mind.
Description
What law applies to which issues in insurance coverage litigation can be outcome determinative on whether a policyholder is entitled to a defense or ultimately to indemnity. Quite often a policyholder who is a citizen of one state with a policy written in his home state could be sued for an incident in another state. Things get more complicated if litigants and insurers from other states are also involved, and states have different choice-of-law rules. Choice-of-law provisions in policies, if they exist, may not apply. States may even have significantly different approaches to determining the existence of an actual conflict.
Choice of law dictates how the policy will be interpreted, what causes of action and defense are available, and how disputes will be resolved. Different jurisdictions may interpret exclusions, coverage limits, and the parties' duties in favor of policyholders or insurers. Choice of law also affects things like statute of limitations, available causes of action, scope of discovery (including privilege), jury trials, fee shifting, presumptions and burdens of proof, and much more.
What constitutes the most important issue in a coverage dispute varies with the facts and the state's laws that may apply. No state is likely to favor policyholders or insurers on every issue, so counsel must learn to balance the risk and prioritize the issues, often based on incomplete information.
Listen as our authoritative panel of insurance practitioners offers new attorneys guidance on identifying critical choice-of-law issues in insurance coverage disputes, how different jurisdictions and courts decide conflicts of law, and tips on balancing risk and prioritizing the issues.
Presented By
Ms. Cheng is well versed in the area of design professionals liability claims. Educated as an architect, he has advised a number of domestic and international design professionals in contract negotiation, risk management, insurance procurement and potential pitfalls in domestic and overseas projects in Asian countries, including China. Mr. Cheng is a native of Hong Kong, China, and is fluent in Cantonese, Mandarin and English.
Mr. Fisher is CEO of the Fisher Consulting Group, Inc. For almost 50 years, he has been involved in the underwriting, adjustment, investigation, and resolution of professional liability claims. Mr. Fisher has authored over 80 articles on professional liability, given over 100 Webinars and presentations to trade audiences and is an expert on claims-made insurance policies.
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Ms. Kim focuses her practice on representing corporate, commercial, and residential policyholders in disputes with insurance companies. She works primarily with Commercial General Liability (CGL), Professional Errors and Omissions (E&O), Directors and Officers liability (D&O) and first-party property policies, providing coverage opinions, counseling, and dispute resolution. Ms. Kim serves well-known clients in the banking and financial institutions, healthcare, hospitality, manufacturing, retail, transportation and energy sectors, as well as religious institutions and small and medium sized businesses. She is co-chair of the Insurance Subcommittee of the Business Law Section of the Philadelphia Bar Association.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, August 4, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. How a choice of law provision can impact insurance claims
A. Interpretation of insurance policies
B. Impact on claim processing and resolution times
C. Dispute resolution process
II. Determining the existence of a conflict
III. Contractual choice-of-law provisions
IV. Choice of law tests
A. First Restatement
B. Second Restatement
C. Draft Third Restatement
D. Other multifactor tests
V. Important decisions to know
VI. Strategic and practical considerations
The panel will review these and other key issues:
- What are the various choice-of-law tests employed in different jurisdictions?
- What strategic and practical considerations must be taken into account?
- What are the current choice-of-law doctrines and possible future developments?
Related Courses
Choice of Law in Insurance Coverage Disputes: New Lawyers' Guide
Tuesday, August 4, 2026
1:00 PM ET/10:00 AM PT
Handling an Insurance Liability Claim: Roadmap for New Attorneys
Available On-Demand
