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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Thursday, May 18, 2017

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide insurance counsel with an analysis of key factors that determine an “occurrence” in liability policies. The panel will outline potential arguments on the number of occurrences from both policyholder and insurer perspectives and discuss key case law developments from jurisdictions throughout the United States across various claims types.

Faculty

John Harding
Partner
Lewis Brisbois
Jerold Oshinsky
Partner
Kasowitz Benson Torres LLP

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts throughout the U.S. on behalf of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. He litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. Mr. Oshinsky also advises clients about how to maximize their insurance assets, and he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes.

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Description

Identifying the number of occurrences is one of the most confusing and complex coverage issues. It is likely to be a central and determining factor in the amount of insurance proceeds available to the policyholder.

The occurrence issue has gained prominence in recent years as coverage litigation has become increasingly focused on indemnity issues, along with an erosion of underlying layers of coverage. Moreover, the trend in CGL policies for higher per occurrence self-insured retentions brings this issue to the forefront.

Our panelists will review and analyze recent litigation to provide a practical context for understanding the complexities of occurrence-based claims.

Listen as our authoritative panel of insurance practitioners demystifies the complexities surrounding the issue of occurrences in liability claims, reviews policyholder and insurer perspectives on resolving disputes, and outlines key case law developments.

Outline

  1. Policy language interpretation
  2. Measuring occurrences
  3. External factors affecting the occurrence determination
  4. Case law application in key claims types

Benefits

The panel will review these and other key issues:

  • Do independent causes always equal separate occurrences?
  • What is the dual policy role of occurrence in CGL or excess policies?
  • What is the significance of non-cumulation clauses?
  • What tests are used to measure occurrences?