- videocam Live Online with Live Q&A
- calendar_month December 9, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Insurance
- schedule 90 minutes
Insurance Coverage Issues in Emerging Risk Litigation Under GCL Policies: Insurer and Policyholder Approaches
Control of the Defense, Allocation of Costs and Indemnity, Triggers, Number of Occurrences, Exhaustion, Exclusions
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About the Course
Introduction
This CLE webinar will explore insurance coverage issues that arise from emerging risk litigation, often consolidated in multi-district litigation (MDL), focusing on coverage issues arising under current and legacy commercial general liability (CGL) policies.
Description
More and more companies are being called to defend against liability for what are known as emerging risks. Emerging risks are new, uncertain, and evolving sources of liability that lack any historical precedent and whose potential harm or loss is unknown. These are risks that surfaced suddenly that no one predicted and that insurers did not factor into their underwriting or their policy language. Examples of emerging risks include IT outages, pandemics, climate change, talc, glyphosate, hair straighteners, PFAS, microplastics, semaglutide weight loss drugs, and more.
Companies look to insurance to defend and potentially indemnify thousands, if not tens of thousands, of lawsuits alleging bodily injury or property damage from the new risks. These cases are often consolidated in MDL, with many defendants and insurers wanting to pursue different and conflicting strategies. Common coverage issues arising from these unprecedented risks include what policies are available to answer, what triggers coverage, number of occurrences, liability of successors, allocation of defense costs and liability, exclusions, and vertical and horizontal exhaustion. Policyholders and insurers often battle over control: who controls the investigation, selects defense counsel, and controls the defense, and the effect of a reservation of rights.
Listen as this preeminent panel of insurance coverage practitioners offers guidance on the coverage issues that arise in emerging risk litigation.
Presented By
Mr. Seaman is a commercial litigator and trial lawyer with more than 35 years of experience. Scott is widely regarded as one of the leading attorneys in the United States representing insurers and reinsurers in property and casualty matters. He is known for employing his deep knowledge of the law and insurance industry, strategic thinking, and honed trial and appellate advocacy to produce creative solutions and outstanding results for clients. Clients regularly turn to Scott and his team for counsel and representation in challenging and high-stakes insurance and business matters. Mr. Seaman has a long track record of successfully representing companies before trial courts, appellate courts, and arbitration panels across the country in a variety of cases and matters involving general liability coverage (primary, umbrella, and excess), professional liability coverage, directors and officers liability insurance, first-party property coverage, bad faith and extra-contractual matters, fee disputes, and facultative and treaty reinsurance contracts. He also advises and represents companies on cyber, privacy, data breach, IoT, nanotechnology, gig economy, viruses and pandemics, representations and warranties, transactional insurance, social unrest, ESG, climate change, and other emerging issues, as well as a wide-range of case-specific and portfolio issues. He also has handled a variety of challenging international, professional liability, health/life science, director and officer liability, tort and product liability, and business and commercial cases.
He was named to the inaugural list of Midwest Trailblazers by The American Lawyer magazine for his "high-profile, complex insurance coverage cases nationwide, which resulted in precedent setting rulings that have altered insurance law." He is co-author of Allocation of Losses in Complex Insurance Coverage Claims (11th Ed. 2023) He is ranked Band I by Chambers USA.
Mr. Stoner is a counsel in the Litigation Practice Group in the Dallas office of Haynes Boone. His practice focuses on insurance recovery, corporate and commercial litigation, and environmental law. Prior to joining the firm, Mr. Stoner worked at an insurance recovery firm in Southern California where he represented corporate policyholders and public entities to secure insurance coverage for first-party losses and third-party liabilities. While there, he represented his clients across various lines of insurance including CGL, EPL, D&O, E&O, cyber, crime, and Commercial Property policies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, December 9, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. What is an emerging risk
II. How and where emerging risk liability is litigated
A. MDLs
B. Class action
C. Individual lawsuits
III. Recurring coverage issues
A. What policies are available to answer
B. Impact of self-insured retentions/deductible
C. What triggers coverage
D. Number of occurrences
E. Liability of successors
F. Allocation of defense costs and of liability
G. Vertical and horizontal exhaustion
IV. Insurer strategies
V. Policyholder strategies
The panel will review these other important issues:
- Does an insurer have a duty to defend MDL lawsuits en masse?
- What are the costs of emerging risks?
- How does allocation of defense costs affect allocation of indemnity?
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