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  • videocam On-Demand
  • card_travel Insurance
  • schedule 90 minutes

Insurability of Punitive Damages in Civil Litigation: Reducing Uncertainty of Coverage and Insurer Duties

$297.00

This course is $0 with these passes:

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Description

Punitive damages are available in most civil litigation. Some courts of last resort have held that insurance coverage may be relevant to the appropriate measure of punitive damages. Yet many liability policies are silent about coverage for punitive damages.

Courts award punitive damages for egregious conduct, but states differ regarding the type and degree of conduct that rises to that level. Culpability affects insurability. Thus, the choice of law can be crucial to this inquiry.

Even in the many states that specifically allow insurance coverage for punitive damages, significant variation exists regarding the standard of conduct for coverage, the nature of liability, and other issues. Even states that prohibit coverage have exceptions. States that don't prohibit coverage for punitive damages often have confusing standards or even no standards and guidelines.

Listen as this panel of experienced coverage attorneys guides insurance counsel through the nuanced analysis for determining whether punitive damages are insurable.

Presented By

Rachel Janutis
Dean and Professor
Capital University Law School

Dean and Professor Janutis teaches courses on civil procedure, remedies, complex litigation and conflict of laws. Her areas of research include civil procedure, remedies and complex litigation, specifically issues pertaining to jurisdiction, venue and punitive damages. Her casebook, Cases and Problems on Remedies, of which she is a co-author, has been adopted by numerous law schools across the country. 

Amanda M. Leffler
Partner
Brouse Mcdowell Lpa

Ms. Leffler serves as Chair of Brouse McDowell’s Insurance Recovery Practice Group. As a member of one of the most experienced insurance coverage groups in the nation, she is successful in compelling insurers to honor their coverage obligations. Ms. Leffler has helped her clients recover amounts ranging from hundreds of thousands to hundreds of millions of dollars, and has assisted in critical amicus efforts to develop and protect the law for the benefit of policyholders. She provides her clients with a specialized claim and litigation approach, designed to help clients efficiently obtain favorable results in all aspects of the process – from claim submission through the resolution of disputes in litigation. Ms. Leffler has extensive experience in numerous types of coverage disputes, including general liability, property and business interruption, construction, directors & officers, cyber, professional liability, asbestos, and environmental liability.

Daniel I. Wolf
Partner
Gilbert, LLP

Mr. Wolf focuses his practice on resolving complex insurance coverage issues for policyholders.  Leveraging over a decade of experience litigating and negotiating with insurers, he works closely with clients to develop and implement strategies to maximize their insurance recoveries.  He also counsels clients on risk management and insurance procurement issues.  His practice is particularly focused on D&O insurance–where he draws on his prior experience litigating securities fraud and derivative lawsuits at a New York firm–as well as other financial lines of coverage (including E&O, fiduciary, EPL, cyber, and transactional risk insurance), topics on which he writes and speaks regularly.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, January 25, 2022

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Policy language
  2. Jurisdictional treatment of insurability
  3. Rationales for and against insurability
  4. Practical considerations
  5. Questions

The panel will review these and other pivotal issues:

  • What factors influence the insurability of punitive damages?
  • Can plaintiffs plead into coverage?
  • How does insurability affect settlement decisions?
  • Does insuring punitive damages benefit the wrongdoer or society?