Pleading and Proving Covered and Non-Covered Liability and Damages in Insurance Liability Suits

Plaintiff's counsel who file civil liability actions anticipating that defendants' liability insurance will fund a settlement or judgment need to understand that the first thing liability insurers do is to answer three questions: Does the insurer have: (1) a duty to defend; (2) a duty to indemnify; and (3) the right to control the policyholder's defense? The answers to these questions derive from a comparison of the language of the insurance policy to the language of the plaintiff's complaint and proof. As a result, plaintiffs' counsel often have vast, untapped power to secure valuable insurance coverage.

Listen as our experienced presenter discusses how counsel can properly plead and prove covered and non-covered liability and damage and can determine whether pre-approved counsel may have conflicts of interest that would entitle the policyholder to independent counsel.