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

Reconstructing Coverage Under Missing Policies: Sources of Evidence, Burdens of Proof, Scope of Coverage

$297.00

This course is $0 with these passes:

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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

Diana S. Gliedman
Shareholder
Anderson Kill

Ms. Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in multi-party, multi-issue insurance coverage litigations, with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Employment Practices Liability Insurance and Errors & Omissions/Professional Liability Insurance.

Mark R. Siwik
Founder
SandRun Risk

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.

Mollie N. Werwas
Founding Member
Airdo Werwas, LLC

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 4, 2023

  • schedule

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

  1. Proving coverage
    1. Duty to defend
    2. Duty to indemnify
  2. Burdens of proof
  3. Locating the evidence
  4. Types of evidence
    1. Secondary evidence
    2. Documentary evidence
    3. Testimonial evidence
    4. Expert testimony
  5. Strategies for policyholders
  6. 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?