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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, May 13, 2025

  • 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 course will guide policyholder counsel on strategies and best practices for responding to insurer investigations conducted after issuance of a reservation of rights, when carriers demand information, including privileged communications, that could be used later to challenge coverage. The panel will review the strengths and weaknesses of standard cooperation clauses, how to manage carrier information demands, special issues that arise when an investigation is geared to coverage versus defense of a claim, how to require, negotiate and draft appropriate confidentiality agreements, how to object to inappropriate requests, and the utility of the common interest doctrine.

Faculty

Renee C. Callantine
Principal
Cornerstone Law Group

Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on representing policyholders in coverage disputes, including litigation over alleged bad-faith claims handling. She also provides coverage advice and representation at appraisal hearings, and she assists brokers in responding to Department of Insurance complaints. She has extensive experience in property and casualty claims, ranging from personal lines homeowners and automobile policies to complex commercial lines policies. As a CPA, she is often asked to assist with claims and litigation involving complex business interruption losses or other complicated accounting issues.

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Patrick Eckler
Partner
Freeman Mathis and Gary, LLP

Mr. Eckler’s practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. His record of success includes numerous summary judgments, several successful trial results and multiple favorable appellate results. His coverage practice for insurers and the insured involves CGL and personal lines policies, issues involving the duties to defend and indemnify, bad faith and the application of exclusions.

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Description

All policies require the policyholder to "cooperate" with the insurance company's investigation in the event of loss or to perform other post-loss duties that the insurer requests. If the policyholder refuses, and the insurer proves that the refusal prejudiced the insurer, coverage could be denied.

When the insurance company requests confidential and even privileged communications and work product under a "reservation of rights," the policyholder should understand that everything it says can and will be used against it in a coverage dispute with the insurance company. These issues become more acute when an excess insurer is involved. Furthermore, privileged information shared with the insurance company could be discoverable by third parties.

Policyholders can take proactive steps to preserve the privileged defense materials while simultaneously complying with the duty to cooperate with the insurer's investigation.

Listen as this experienced panel discusses the types of requests to expect. The panel will explain how to require, negotiate, and draft appropriate confidentiality agreements, how to object to inappropriate requests, and the utility of the common interest doctrine. The panel will also explore when to consider asserting bad faith.

Outline

  1. Overview of duty to cooperate
  2. Effect of reservations of rights
  3. Excess insurer issues
  4. Abusive and overreaching demands for information
  5. Protection strategies and techniques for the policyholder

Benefits

The panel will review these and other key issues:

  • Under what circumstances might an insured be justified in refusing to cooperate with the insurer?
  • Can a policyholder require an insurer to execute a confidentiality agreement that imposes limitations on the insurer's use of the insured's personal information?
  • What remedies does the policyholder have if the insurer or its agent discloses confidential information?
  • What is the insurer's burden of proof for disclaiming liability due to the insured's failure to cooperate?
  • Does a defense under a reservation of rights change the scope of the insured's duty to cooperate?