Insurance Litigation Under Reservation of Rights: Reimbursement of Defense Costs and Control of Defense
Navigating Scope of Insurer and Insured Duties, Protecting Rights of Both Parties When an Insurer Reserves
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with an understanding of the critical issues raised when an insurer provides a defense under a reservation of rights, how different state laws and courts treat the issues, and best practices for both parties to protect their rights and resolve disputes.
Outline
- Preserving rights in a ROR letter
- Policyholder rights when faced with a defense under ROR
- Insurer duties when defending under a ROR
- Insurer's subsequent withdrawal of defense
- Reimbursement of defense costs for uncovered claims
Benefits
The panel will review these and other key issues:
- What should a comprehensive reservation of rights letter include and what issues must the insurer consider?
- How can the policyholder effectively respond to the insurer's agreement to defend under a reservation of rights?
- How do the courts determine whether the insurer may be entitled to reimbursement of defense costs for uncovered claims?
Faculty
David Borovsky
Of Counsel
Becherer Kannett & Schweitzer
Mr. Borovsky focuses his practice on representing insurers and providing coverage advice in a wide range issues for... | Read More
Mr. Borovsky focuses his practice on representing insurers and providing coverage advice in a wide range issues for both commercial and personal lines carriers. His range of experience includes counseling insurers on a wide array of coverage issues, and representing insurers in bad faith, equitable contribution, and declaratory relief lawsuits in cases involving general liability and E&O policies, among others.
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Mark Garbowski
Shareholder
Anderson Kill
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with... | Read More
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, D&O, fidelity and crime-loss policies, Internet and high-tech liability insurance issues. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice in which he develops computerized insurance allocation models for long-tail claims and other complex insurance models.
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