Reconstructing Coverage Under Missing Policies: Sources of Evidence, Burdens of Proof, Scope of Coverage
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss why locating and evaluating coverage under old insurance policies has become a strategic imperative and the evidentiary requirements for proving or denying coverage when the terms of an insurance policy are missing.
Outline
- Proving coverage
- Duty to defend
- Duty to indemnify
- Burdens of proof
- Locating the evidence
- Types of evidence
- Secondary evidence
- Documentary evidence
- Testimonial evidence
- Expert testimony
- Strategies for policyholders
- Working with insurers
Benefits
The panel will review these and other crucial issues:
- Who has the burden of proof to establish or deny coverage?
- When should third-party policy location services be used?
- What happens when there is competing evidence about the scope of coverage in lost policies?
- Do special rules apply when dealing with lost excess policies?
- Can bad faith claims arise from reconstructing policies?
Faculty
Diana S. Gliedman
Shareholder
Anderson Kill
Ms. Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in multi-party,... | Read More
Ms. Gliedman, a shareholder with Anderson Kill's insurance recovery group, represents policyholders in multi-party, multi-issue insurance coverage litigations, with an emphasis on Comprehensive General Liability Insurance, Directors & Officers Liability Insurance, Employment Practices Liability Insurance and Errors & Omissions/Professional Liability Insurance.
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Mark R. Siwik, JD
Founder
SandRun Risk
Mr. Siwik has deep experience with risk management. After clerking for the Honorable John M. Manos, one of the finest... | Read More
Mr. Siwik has deep experience with risk management. After clerking for the Honorable John M. Manos, one of the finest federal trial court judges, he represented the interests of corporate policyholders in complex insurance recovery litigation around the country. Mr. Siwik then left the day to day of the courtroom in the late 1990's to work as a key business and risk management advisor to senior management for a variety of companies throughout the United States. He is frequently called on to help lead collaborative teams to solve complex risk management issues. Mr. Siwik has spoken and written extensively on risk management for a number of national organizations including the Association of Corporate Counsel, the American Bar Association, and the Risk and Insurance Management Society.
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Mollie N. Werwas
Founding Member
Airdo Werwas
Ms. Werwas practices with the firm’s insurance coverage and health care litigation groups. She has represented... | Read More
Ms. Werwas practices with the firm’s insurance coverage and health care litigation groups. She has represented clients at the state and national level in matters involving complex insurance coverage issues, including personal injury claims, long-tail liability matters, uninsured motorist claims, business interruption claims, and catastrophic property losses. Ms. Werwas has counseled clients in drafting manuscript coverage agreements and amendments, tendering matters for defense and indemnification by third-parties, and preparing reservation of rights and denial of coverage letters. She has also worked with clients in both prosecuting and defending declaratory judgment actions relating to insurance coverage.
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