Insurer's Duties to Excess Carrier and Bad Faith: Litigating Cooperation, Settlement, and Disclosure
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide counsel through the duties and rights between primary and excess carriers, the primary carrier's potential for extracontractual damages to the excess insurer, and the potential claim for the excess insurer to incur extracontractual damages for breaching its duties to the insured. The panel will address solutions to problems that can surface when the primary insurer zealously advocates against liability while trying to accurately discuss risk with the excess carrier or the insured.
Outline
- Duties owed to excess insurer
- Extra-contractual theories of liability
- Extra-contractual liability for excess carrier
Benefits
The panel will review these and other key issues:
- What duties are owed to the excess carrier by the insured and the primary carriers?
- When do the duties owed to the excess carrier arise?
- What duties does the excess carrier owe to the other insureds and insurers?
- Are there fact patterns where the primary would be prohibited from fulfilling its duties to the excess carrier?
- Who controls the relevant privileges?
Faculty
Christian A. Cavallo
Partner
Goldberg Segalla
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts.... | Read More
Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts. His practice involves drafting coverage opinions and memoranda analyzing his clients’ rights and obligations under complex insurance contracts and providing advice to claims personnel and assigned counsel concerning a wide variety of coverage issues.
Close
John M. Leonard
Shareholder
Anderson Kill
Mr. Leonard is a shareholder in Anderson Kill's New York, NY office. He is Co-Chair of Anderson... | Read More
Mr. Leonard is a shareholder in Anderson Kill's New York, NY office. He is Co-Chair of Anderson Kill's Financial Services Group and Biometric Liability Practice Group. As a policyholder attorney, Mr. Leonard has experience obtaining coverage under insurance policies relating to directors and officers liability, business interruption, general liability, environmental liability, health benefits, property damage, asbestos products, and crime losses. He has represented financial service providers, railroads, hospitals, hospitality organizations, consulting firms, municipalities, manufacturers, and retailers. Mr. Leonard frequently speaks on topics such as privacy law and regulations, contract negotiation and risk transfer, and insurance considerations for financial institutions. He has been recognized by Super Lawyers as a Rising Star for Insurance Coverage since 2018, and was recommended by The Legal 500 in 2023.
Close
Daniel E. Tranen
Partner
Wilson Elser
Mr. Tranen is an accomplished litigator who has handled matters across the litigation spectrum throughout the U.S.... | Read More
Mr. Tranen is an accomplished litigator who has handled matters across the litigation spectrum throughout the U.S. during his 18-year legal career. His practice ranges from the defense of entities in mass tort and single-claim product liability matters, class actions and insurance coverage matters to employment, transportation, environmental, toxic torts and commercial litigation disputes. Mr. Tranen is a recurrent speaker and author on many of these topics.
Close