About the Course
Introduction
This CLE course will alert counsel who works for, with, or against insurance carriers to the dangers of eroding insurance policies, also known as defense-within-limits policies. When every dollar spent on legal fees reduces funds available to settle a case or pay a judgment, all involved must take extra steps to avoid tapping out all available insurance coverage.
Description
Under an eroding insurance policy, the same pool of funds that pays defense costs also pays settlement or judgment. The tension between mounting a vigorous defense and preserving policy limits to put toward settlement (or satisfy a judgment) raises concerns for all involved, from the client to counsel to the insurer.
This dynamic presents issues of liability arising out of potential or actual conflict. Counsel must take immediate steps to mitigate such exposure. The plaintiff counsel must balance litigating the claim and increasing defense expenses versus preserving insurance proceeds funds for the plaintiff.
Insurers are subject to scrutiny as well. Some jurisdictions place restrictions on such policies or place outright bans on them, creating choice-of-law and forum challenges. Even without such limits, the specter of bad faith claims remains.
Listen as the panel provides various perspectives on this set of legal difficulties and provides the tools necessary to address issues of walking the tightrope between zealous representation and preservation of funds. Not only will the panel discuss topics for counsel, but there will be an in-depth analysis of legality and bad faith.
Presented By
Mr. Armstrong's practice concentrates in insurance recovery exclusively on behalf of policyholders and commercial litigation. He regularly represents privately held and publicly traded companies against primary and excess insurers to secure coverage under property, commercial general liability, D&O, E&O and other insurance policies. Mr. Armstrong's practice also focuses on insurance recovery for cyber attacks, including ransomware, DDoS attacks, social engineering, malware attacks and other cyber threats. He holds a certificate from HarvardX for "Cybersecurity: Managing Risk in the Information Age."
Mr. Pickering’s legal experience includes many years of experience in insurance litigation at both the trial and appellate level in various state and federal jurisdictions. In recent years, an increasing number of both primary and excess/umbrella insurers have turned to him for legal counsel as to their rights, duties, and development of appropriate strategies under the Stowers doctrine in responding to settlement demands for their policy limits.
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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
Wednesday, August 11, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Plaintiff counsel issues: zealousness and erosion
- Defendant counsel issues
- Balancing client demands for defense with preservation of funds
- Insurer relationship
- Insurer issues
- Public policy/legality issues
- Bad faith
- Pretrial settlement and mediation
The panel will review these and other notable matters:
- What are the characteristics of an eroding policy?
- What client concerns need to be addressed by plaintiff and defense counsel?
- How can insurer risks and exposures be levered (or mitigated)?
Related Courses
Navigating Bad Faith Claims by Non-Insureds: Insurer and Policyholder Strategies
Friday, December 5, 2025
1:00 p.m. ET./10:00 a.m. PT
Jury Selection in Insurance Litigation: Practical Guidance for Bad Faith and Coverage Cases
Tuesday, January 20, 2026
1:00 p.m. ET./10:00 a.m. PT
