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

Insurance Litigation Under Reservation of Rights: Reimbursement of Defense Costs and Control of Defense

Navigating Scope of Insurer and Insured Duties, Protecting Rights of Both Parties When an Insurer Reserves

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

A defense under a reservation of rights raises many complex issues that both policyholder and insurer counsel must consider and respond to appropriately.

Critical issues raised include the insurer's right to reimbursement of defense costs if it later prevails on the coverage issue, and potential conflicts of interest, control of the defense and the effect of a ROR on defenses not explicitly waived.

State statutes and court decisions are crucial in determining the insurance company's and the policyholder's rights when the duty to defend is under dispute. Both parties must understand the standards for the relevant state or states.

Listen as our panel of policyholder and insurer counsel discusses the critical issues that counsel must consider when the insurer agrees to provide a defense under a reservation of rights, how different state laws and courts treat the issue, and best practices for both parties to protect their rights and resolve disputes.

Presented By

David Borovsky
Of Counsel
Unknown Last Name B
Mark Garbowski
Shareholder
Anderson Kill

Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, directors and officers insurance, fidelity and crime-loss policies, internet and high-tech liability insurance issues.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, June 19, 2019

  • schedule

    1:00 PM E.T.

  1. Preserving rights in a ROR letter
  2. Policyholder rights when faced with a defense under ROR
  3. Insurer duties when defending under a ROR
  4. Insurer's subsequent withdrawal of defense
  5. Reimbursement of defense costs for uncovered claims

The panel will review these and other key issues:

  • What should a comprehensive reservation of rights letter include and what issues must the insurer consider?
  • How can the policyholder effectively respond to the insurer's agreement to defend under a reservation of rights?
  • How do the courts determine whether the insurer may be entitled to reimbursement of defense costs for uncovered claims?