Crafting Coverage Position Letters and Evaluating Impact of Insurer's Defense Under Reservation of Rights
Avoiding Waiver of Defenses, Establishing Good Faith, Controlling Defense, Preserving Attorney-Client Privilege
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss how counsel can draft valid coverage position letters (CPLs) without waiving defenses when proceeding under a reservation of rights (ROR). The program will also discuss how policyholder counsel receiving a CPL should review, analyze, and, if necessary, respond to a CPL. The program will discuss critical issues that arise from a defense under an ROR, including the insurer's possible right to reimbursement of defense costs, potential conflicts of interest, control of the defense, and the impact of an ROR on defenses not explicitly waived.
Outline
- The requirements of an adequate CPL
- Avoiding claims adjusting and preserving the attorney-client privilege
- Critical issues raised by a defense under an ROR
- Impact of an ROR on defenses not explicitly waived
- Non-waiver agreements
- Non-execution agreements
Benefits
The panel will review these and other key issues:
- What should a comprehensive ROR letter include, and what issues must the insurer consider?
- How can the policyholder effectively respond to the insurer's agreement to defend under an ROR?
- How do the courts assess arguments that an insurer may or may not be entitled to reimbursement of defense costs for purportedly uncovered claims?
Faculty
Christopher R. Dunsing
Partner
Langhenry Gillen Lundquist & Johnson
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and... | Read More
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and appellate court levels. He has worked with insurers of all sizes to navigate complex coverage questions in a variety of lines, including primary and excess auto, business owner’s/CGL, property, E&O, construction and builder’s risk policies. While Mr. Dunsing has obtained favorable declaratory judgments for many of those clients in court, the first steps in controlling coverage risks begin well before the courtroom. Mr. Dunsing enjoys counseling insurers on the risks associated with policy language on a macro-level as well as on a case-by-case basis.
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Mark Garbowski
Shareholder
Anderson Kill
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice... | Read More
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, directors and officers insurance, fidelity and crime-loss policies, internet and high-tech liability insurance issues.
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Bradley A. Levin
Shareholder
Levin Sitcoff Waneka
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad... | Read More
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes, representing corporate and individual policyholders alike. He argued the leading Colorado case concerning pre-judgment assignment agreements to the state supreme court. Mr. Levin lectures frequently on insurance law topics.
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