Insurer's Duty to Settle for Policy Limits When Defending Non-Covered Claims Under Reservation of Rights
Avoiding Liability and Extracontractual Damages
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide attorneys through one of the most challenging of all issues: convincing insurance carriers to settle for the policy limits while defending a potentially non-covered claim under a reservation of rights when taking into account almost certain damages exceeding policy limits.
Outline
- How the issue arises
- Insurer's traditional options
- Insights from recent cases
Benefits
The panel will address critical issues, including:
- Whether the duty to defend includes an absolute duty to settle if an offer falls within the policy limits--even where the insurer has filed a declaratory judgment action disputing coverage
- Is there a greater duty to defend in the third-party context?
- What is the effect of a repayment clause in the underlying policy?
- How can the insurer avoid liability and avoid a claim of bad faith?
- Must an insurer accept all offers below the policy limits, regardless of circumstances?
Faculty
Scott N. Godes
Partner
Barnes & Thornburg
Mr. Godes regularly represents clients facing insurance coverage issues arising out of ransomware, business email... | Read More
Mr. Godes regularly represents clients facing insurance coverage issues arising out of ransomware, business email compromise, cybersecurity, data breach, cyberattack, privacy and other technology-related claims. He focused on insurance coverage for cybersecurity and privacy risks in 2008, allowing him to join his long-standing interest in technology with a new area of insurance. Since that time, Mr. Godes has litigated some of the few court cases regarding the scope of coverage available under cyber insurance policies, as well as coverage under other insurance policies for losses due to cyberattacks, privacy events, and wire and computer frauds.
Close
Eric Retter
Counsel
Clyde & Co
Mr. Retter focuses his practice on advising insurance carriers regarding coverage. He is a member of the North American... | Read More
Mr. Retter focuses his practice on advising insurance carriers regarding coverage. He is a member of the North American FIDO/Professional Liability Practice Group. Mr. Retter has a diverse range of experience representing clients through the litigation process and has significant experience in state, federal, and appellate courts. He has successfully resolved insurance disputes through litigation and mediation in cases involving professional liability, property damage, business income losses, general liability claims, and employment practices. Mr. Retter has also counselled insurers as monitoring counsel and is familiar with advising carriers on their rights and duties with regards to both primary and excess policies.
Close