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Handling an Insurance Liability Claim: Roadmap for New Attorneys

Identifying and Analyzing the Policy, the Insured, and the Loss

Recording of a 60-minute CLE video webinar


Conducted on Friday, August 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will offer new insurance attorneys guidance on core issues that should be considered upon receipt of a demand or pleading that could give rise to a claim. The panel will discuss how to analyze potential coverage based on the applicable policies, how to analyze the demand or pleading, and what statutes and other laws must be assessed.

Description

When a demand for coverage and/or related pleadings has been received, a new lawyer needs a systematic and logical approach to analyzing the necessary documents and laws that will dictate the response. After noting any deadlines, the first order of business is to ascertain what policy applies, what type of policy it is, and then review each policy and any related documents, such as the application and the notice of loss. Different coverage issues and options arise under different types of policies.

In addition to the policy, new attorneys should be familiar with relevant statutes and case law that govern the claims process. The potential for conflicts lurks throughout the process, so staying alert for when the policyholder might be entitled to independent counsel is critical.

Ultimately, new attorneys need to learn how to determine whether the claimant is an insured, whether the events in question obligate the insurer to defend or indemnify the claim, and if so, how much, and whether there are any defenses to coverage that should be reserved. Without a system in place, some of these complex and intertwined issues can be overlooked.

Listen as this experienced panel of insurance practitioners shares what new attorneys need to know about handling liability insurance claims.

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Outline

  1. Identifying the relevant policies and policy type
  2. Additional or related documents that affect coverage
  3. Analyzing the policy with respect to duties to defend, indemnify, settle
    1. Is the person/entity involved covered?
    2. Did the loss occur during the policy period?
    3. Is there coverage for the cause of loss?
    4. Is the property or the injury covered?
    5. Is the type of loss covered?
    6. Are the damages covered?
    7. What geographic territory is covered?
    8. Are there applicable exclusions?
    9. Is there other applicable insurance?
    10. Are there other miscellaneous provisions to consider?
  4. Spotting conflicts of interest
  5. Relevant statutes and common law principles
  6. Managing expectations and keeping the parties informed

Benefits

The panel will review these and other key issues:

  • What are the key policy provisions to pay attention to?
  • What are the pivotal statutes to consider?
  • What policy terms or phrases have historically given rise to coverage disputes?

Faculty

Fisher, Frederick
Frederick J. Fisher, J.D., CCP

President
Fisher Consulting Group

Mr. Fisher is CEO of the Fisher Consulting Group, Inc. For almost 50 years, he has been involved in the underwriting,...  |  Read More

Glandon, Kevin
Kevin R. Glandon

Special Counsel
Covington & Burling

Mr. Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin...  |  Read More

Kronenberg, Chet
Chet A. Kronenberg

Partner
Simpson Thacher & Bartlett

Mr. Kronenberg, senior Los Angeles litigator, represents clients in a wide range of complex commercial litigation,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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