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Insurance SIRs and Deductibles: Impact on Satisfaction of SIRs, Policy Limits, Duty to Defend and Additional Insureds

Advocating Coverage Positions From Perspectives of Insureds and Insurers in CGL, Professional Liability and Property Damage Policies

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 24, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance to insurance counsel on the primary differences between self-insured retentions (SIRs) and deductibles. The panel will outline how the application of these two distinct risk retention vehicles impacts defense and/or coverage obligations of both insurers and policyholders.

Description

With many companies seeking to control insurance costs by increasing SIRs and deductibles, counsel must consider the impact of these risk retention vehicles on coverage and other obligations of the parties.

SIRs present significant issues during claims settlement, such as whether the insured or its insurer controls settlement decisions. Litigation has ensued over an insurer’s obligations when the insolvent policyholder is unable to pay its SIR, particularly during recent years of business bankruptcies.

One hotly litigated topic is whether the insured must pay the SIR itself or whether it can satisfy it by applying payments made through “other insurance.” Whether the insurer’s duty to defend attaches prior to exhaustion of the SIR is also often contested by parties.

Listen as our authoritative panel of insurance counsel guides practitioners in navigating the impact of policy deductibles and SIRs on key coverage issues and obligations of the parties.

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Outline

  1. Distinctions between SIRs/deductibles and impact on limits and defense costs
  2. Attachment of SIRs/deductibles
  3. Number of SIRs/deductibles and the potential for stacking
  4. Application of SIRs as “other insurance”
  5. Obligation to pay SIRs/deductibles; insureds vs. additional insureds
  6. Insolvent insured unable to satisfy SIRs
  7. Satisfaction of SIRs/deductibles through payments by other insurers

Benefits

The panel will review these and other key issues:

  • How do the distinctions between SIRs and deductibles impact limits and defense costs?
  • Can a party other than the named insured satisfy the insured’s deductible or SIR obligation?
  • How do defense costs impact an insured’s deductible or SIR obligation?

Faculty

Friedman, Robert
Robert Friedman
Principal
Friedman

Mr. Friedman provides corporate insurance counseling to companies in Florida, the Caribbean, New York, and other...  |  Read More

Kilgore, Timothy
Timothy P. Kilgore
Senior Counsel
Jackson & Campbell

Mr. Kilgore is a member of the firm’s Insurance Coverage Practice Group. He is experienced in defending clients...  |  Read More

Verne A. Pedro, Esq.
Verne A. Pedro, Esq.
Merlin Law Group

Mr. Pedro's an insurance coverage attorney who represents and counsels clients in complex insurance coverage...  |  Read More

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