About the Course
Introduction
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.
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.
Presented By
For the last 16 years, Chambers Guide to USA Coverage Lawyers has consistently recognized Mr. Koepff, nationwide and for New York, a highly seasoned litigator, appellate attorney with a standout practice in insurance of sensitive and complex claims, including arising out of primary and excess liability, products liability, professional liability, and environmental liability. Just recently, Chambers recognized Mr. Koepff as an outstanding coverage litigator in New Jersey. He has also been recognized by Legal 500 USA as one of the nation's leading insurance lawyers. Mr. Koepff has been successful in over 25 coverage (jury and bench) trials and 35 coverage (US, Bermuda and London) arbitrations. His successes include major favorable decisions from the New Jersey Supreme Court, the New Jersey Appellate Division, New York Appellate Courts, the Court of Appeals for the Second Circuit and the Southern District of New York. Similarly, his successes have included favorable arbitration awards.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, December 1, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Purposes of releases
- Elements of a strong release
- Pitfalls of overly broad releases
- Addressing unknown claims or claimants
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?
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