Insurance Defense Costs: Allocation in Mixed Actions, Recoupment for Non-Covered Claims, Independent Counsel Fees
Maximizing Recovery or Limiting Exposure for Defense Costs
A live 90-minute CLE video webinar with interactive 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
Anthony Bartell
Partner
McCarter & English
Mr. Bartell focuses on complex insurance matters. For more than 30 years, he has helped policyholders –... | Read More
Mr. Bartell focuses on complex insurance matters. For more than 30 years, he has helped policyholders – generally major corporations – purchase insurance policies tailored to their specific business and legal needs. Mr. Bartell also has helped policyholders secure hundreds of millions of insurance dollars. In the process, he has made law in a number of cases, including Owens-Illinois, Inc. v. United Insurance Co., 138 N.J. 437, 650 A.2d 974 (1994), which established New Jersey’s trigger of coverage and allocation principles, and United States Mineral Prods. Co. v. American Ins. Co., 792 A.2d 500 (N.J. Super. Ct. App. Div. 2002), which held “stub policies” provide policyholders with full additional occurrence and aggregate liability limits. Mr. Bartell handles issues arising from every type of first-party and third-party insurance, including general liability insurance, directors & officers insurance, employment practices liability insurance, errors & omissions insurance, workers compensation/retrospective premium insurance, cyber insurance, property insurance and business interruption insurance. He also works with insurance producers, large and small, on issues relating to the purchase of insurance policies and the defense of malpractice claims.
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Kyle P. Brinkman
Partner
Blank Rome
Mr. Brinkman is a partner in Blank Rome’s policyholder-only insurance recovery practice. He helps companies... | Read More
Mr. Brinkman is a partner in Blank Rome’s policyholder-only insurance recovery practice. He helps companies and their directors and officers understand and obtain payment from their insurance coverage—from preemptive analysis of coverage for potential risks, to claim advocacy and negotiation, through alternative dispute resolution and litigation.
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Helen K. Michael
Partner
Blank Rome
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.
CloseEarly Discount (through 02/21/25)