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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

    Wednesday, October 12, 2022

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE webinar will discuss how to manage coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers. The panel will review how to resolve which insurers must defend and defense sharing agreements, best strategies for coordinating and managing the defense, issues arising from efforts to settle the underlying liability suits, strategies when an insurer will not agree to fund a judgment or settlement, subrogation issues, and more.

Faculty

Paul R. Koepff
Partner
Clyde & Co LLP

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."

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Kim M. Jackson
Partner
Bovis Kyle Burch & Medlin, LLC

Mr. Jackson defends attorneys and other professionals in malpractice claims, handles all forms of coverage and bad faith disputes, defends catastrophic injury cases, typically focusing on premises liability, represents companies and professionals in various types of complex commercial litigation, and defends employers in employment discrimination claims. He has represented many attorneys in both civil claims brought by clients and non-clients in Georgia, Texas, California and Ohio, and in licensing issues brought before the State Bar of Georgia.

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David W. Overstreet
Partner
Earhart Overstreet, LLC

Mr. Overstreet focuses his practice on commercial litigation and professional liability. He spends a significant amount of time representing businesses and professionals in civil suits, including attorneys. Mr. Overstreet also speaks to groups including insurers, law schools, and organized professional associations about claim avoidance and mitigation.

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Description

Seemingly intractable problems can arise when a single defendant has been sued multiple times and may have coverage for some or all matters from multiple insurers. Often there is considerable debate over the defendant's liability and insurers' duty to defend claims and in which courts. Subrogation and indemnity considerations often permeate negotiations.

Efforts to resolve underlying matters, whether by settlement or otherwise, are complex and require advanced strategies to prevent misunderstanding and insurers from working at cross purposes. Insurers must often convince plaintiffs in the litigation and their fellow insurers about the reasonable value of various claims. Insurers must always be ready with strategies when an insurer refuses to fund a judgment or settlement.

Listen as this esteemed panel of seasoned insurance counsel guides attendees in managing coverage, liability, and settlement issues that arise when a single policyholder is sued multiple times and has been insured by numerous insurers over time.

Outline

  1. Overview
  2. Duty to defend and defense costs
  3. Duty to settle, mediation, and insurer consent
  4. Duty to indemnify: managing the unwilling insurer
  5. Subrogation issues

Benefits

The panel will review these and other key issues:

  • What solutions exist for identifying who has the duty to defend and cover defense costs?
  • What are the coverage implications of establishing a reasonable settlement value?
  • If joint and several liability is not available, how are damages allocated?
  • What happens after the insurer pays a judgment or a settlement of the underlying lawsuit but believes the insured had a claim against some other party for the loss?