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Policyholder Advocate's Insurance Coverage Playbook: Enhanced Strategies, Arguments, Techniques to Establish Coverage

Recording of a 90-minute CLE video 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 Tuesday, September 24, 2024

Recorded event now available

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This CLE webinar will offer policyholder advocates better ways to think about and frame insurance coverage disputes for improved outcomes. The panel will suggest arguments, techniques, and practices that help counsel find more and better support for their policy language interpretations--sometimes in unusual places--when an insurer challenges or denies coverage.

Description

Insurance policies are complicated documents, and businesses may have multiple policies, including both primary and excess policies. Counsel seeking coverage will want to scrutinize the policies and the insurer's coverage position from many different angles. Carrying the insurer's argument all the way through to its logical or illogical conclusion may underscore why it fails.

Policyholder counsel will want to scour every available insurer-side writing that bears on coverage, not just the policy itself. Much can be gleaned from prior cases dealing with the same language, prior decisions by the judge on the case, the history of the policy language or exclusion, intra-insurer communications, letters, guidelines, and more.

The newest tool could be generative AI. One Eleventh Circuit judge has suggested generative AI might be a useful tool for ascertaining the ordinary meaning of certain words or phrases. Counsel will want to consider the pros and cons of this new technology and also whether the court might do so.

Listen as this panel of creative attorneys discusses strategies and techniques for making the best policyholder arguments and better ways of thinking about and framing insurance-related disputes.

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Outline

  1. How to identify non-obvious policies with potential coverage
  2. Using the policy to bolster coverage arguments
  3. Using insurer-drafted materials to argue for coverage
  4. Rebutting insurer arguments against coverage

Benefits

The panel will review these and other key issues:

  • What overlooked or unusual documents from insurers are often helpful in making the case for coverage, and can a policyholder get them when they need them?
  • What are the best methods for distinguishing insurer case law?
  • Should AI in any form be used to determine the meanings of words or phrases?

Faculty

DuBose, Natalie
Natalie DuBose

Partner
Haynes and Boone

Ms. DuBose is an insurance-recovery professional who has successfully represented a number of businesses—large...  |  Read More

Van Houten, Greg
Greg Van Houten

Associate
Haynes and Boone

Mr. Van Houten is a high-stakes commercial litigator who focuses on representing corporate plaintiffs in...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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