Insurance Defense Costs: Allocation in Mixed Actions, Recoupment for Non-Covered Claims, Independent Counsel Fees
Maximizing Recovery or Limiting Exposure for Defense Costs
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss defense cost coverage issues, including allocating costs in mixed actions, the insurer’s right to recoup defense costs for non-covered claims, the insurer’s obligation to pay defense fees for insured’s independent counsel, and the insurer’s right to limit reimbursement through billing and litigation management guidelines.
Outline
- Extra-contractual recoupment of defense costs by insurer
- Claims in underlying litigation ultimately found not covered
- Covered vs. non-covered claims or parties
- Allocation of defense costs
- Independent counsel paid for by insurer
- Reservation of rights
- Conflicts of interest
- Other scenarios
- Compliance with billing and litigation management guidelines
Benefits
The panel will review these and other key issues:
- What is the insurer’s right, if any, to apportion or allocate defense costs incurred by the insured in a “mixed action?”
- What are best practices for allocating defense costs among covered and uncovered claims or parties?
- What legal rationale best supports the insurer’s right to reimbursement of defense costs for uncovered claims?
- Under what circumstances must the insurer cover the defense fees incurred by independent counsel retained by the policyholder?
Faculty
William T. Barker
Senior Counsel
Dentons
Mr. Barker focuses his practice in the area of complex commercial insurance litigation, including coverage, claim... | Read More
Mr. Barker focuses his practice in the area of complex commercial insurance litigation, including coverage, claim practices, sales practices, risk classification and selection, agent relationships, and regulatory matters. In addition to handling complex litigation, he counsels clients on insurance issues. He also advises and litigates on matters of lawyers' professional responsibility.
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Helen K. Michael
Partner
Kilpatrick Townsend & Stockton
Ms. Michael has over 20 years’ experience in complex commercial litigation, with emphasis on insurance coverage... | Read More
Ms. Michael has over 20 years’ experience in complex commercial litigation, with emphasis on insurance coverage disputes. She has handled high-stakes cases in a wide variety of coverage areas including products liability, intellectual property claims, construction defect claims, and numerous others. Ms. Michael also has substantial experience in class action practice.
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Sherilyn Pastor
Partner
McCarter & English
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial... | Read More
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters.
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