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About the Course
Introduction
This CLE webinar will discuss why locating and evaluating coverage under old insurance policies has become a strategic imperative and the evidentiary requirements for proving or denying coverage when the terms of an insurance policy are missing.
Description
Long-tail claims for continuous or repeated injury may be covered under policies even if the express coverage periods have expired because of new theories of liability and the trend towards reviving dormant claims or redefining the discovery rule, such as for childhood sexual abuse.
Decades-old policies go missing because policyholders and insurers have ceased to exist, downsized, merged, relocated, or even experienced physical catastrophes.
Counsel for either the insured or insurer must understand what type of evidence is sufficient to prove or deny coverage, as well as the burdens of proof and which party has them.
Listen as this experienced panel discusses how to locate and evaluate coverage under old insurance policies.
Presented By
For 25 years, Ms. Gliedman, a senior shareholder with Anderson Kill's insurance recovery group, has represented policyholders in multi-party, multi-issue insurance coverage disputes with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Property Insurance and Errors & Omissions/Professional Liability Insurance. With extensive experience in litigation, arbitration and mediation, she prides herself on identifying potential coverage issues early and counseling clients to avoid pitfalls down the road in order to maximize insurance recovery as efficiently and cost-effectively as possible. Ms. Gliedman is co-chair of the firm's Restaurant, Retail & Hospitality Industry Practice Group, she frequently works with members of the retail and hospitality industries, providing representation and counsel to major retail chains, restaurants, hotels, resorts, theme parks and casinos with regards to insurance, indemnity and other risk transfer issues. Ms. Gliedman is the editor of Anderson Kill's Restaurant, Retail & Hospitality Alert newsletter and speaks frequently at industry conferences and events. She is also a member of the firm's Sports, Media and Entertainment Group.
Mr. Siwik has deep experience with risk management. After clerking for the Honorable John M. Manos, one of the finest federal trial court judges, he represented the interests of corporate policyholders in complex insurance recovery litigation around the country. Mr. Siwik then left the day to day of the courtroom in the late 1990's to work as a key business and risk management advisor to senior management for a variety of companies throughout the United States. He is frequently called on to help lead collaborative teams to solve complex risk management issues. Mr. Siwik has spoken and written extensively on risk management for a number of national organizations including the Association of Corporate Counsel, the American Bar Association, and the Risk and Insurance Management Society.
Ms. Werwas practices with the firm’s insurance coverage and health care litigation groups. She has represented clients at the state and national level in matters involving complex insurance coverage issues, including personal injury claims, long-tail liability matters, uninsured motorist claims, business interruption claims, and catastrophic property losses. Ms. Werwas has counseled clients in drafting manuscript coverage agreements and amendments, tendering matters for defense and indemnification by third-parties, and preparing reservation of rights and denial of coverage letters. She has also worked with clients in both prosecuting and defending declaratory judgment actions relating to insurance coverage.
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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, April 4, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Proving coverage
- Duty to defend
- Duty to indemnify
- Burdens of proof
- Locating the evidence
- Types of evidence
- Secondary evidence
- Documentary evidence
- Testimonial evidence
- Expert testimony
- Strategies for policyholders
- Working with insurers
The panel will review these and other crucial issues:
- Who has the burden of proof to establish or deny coverage?
- When should third-party policy location services be used?
- What happens when there is competing evidence about the scope of coverage in lost policies?
- Do special rules apply when dealing with lost excess policies?
- Can bad faith claims arise from reconstructing policies?
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