Responding to Insurance Investigations: Cooperating Fully While Safeguarding Coverage
Preventing Insurer Abuse, Misuse, Disclosure; Protecting Privileged and Confidential Information; Guarding Defense Strategy
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide policyholder counsel on strategies and best practices for responding to insurer investigations conducted after issuance of a reservation of rights, when carriers demand information, including privileged communications, that could be used later to challenge coverage. The panel will review the strengths and weaknesses of standard cooperation clauses, how to manage carrier information demands, special issues that arise when an investigation is geared to coverage versus defense of a claim, how to require, negotiate and draft appropriate confidentiality agreements, how to object to inappropriate requests, and the utility of the common interest doctrine.
Outline
- Overview of duty to cooperate
- Effect of reservations of rights
- Excess insurer issues
- Abusive and overreaching demands for information
- Protection strategies and techniques for the policyholder
Benefits
The panel will review these and other key issues:
- Under what circumstances might an insured be justified in refusing to cooperate with the insurer?
- Can a policyholder require an insurer to execute a confidentiality agreement that imposes limitations on the insurer's use of the insured's personal information?
- What remedies does the policyholder have if the insurer or its agent discloses confidential information?
- What is the insurer's burden of proof for disclaiming liability due to the insured's failure to cooperate?
- Does a defense under a reservation of rights change the scope of the insured's duty to cooperate?
Faculty
Renee C. Callantine
Principal
Cornerstone Law Group
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on... | Read More
Ms. Callantine is the head of the Firm's insurance coverage practice. Her practice is primarily concentrated on representing policyholders in coverage disputes, including litigation over alleged bad-faith claims handling. She also provides coverage advice and representation at appraisal hearings, and she assists brokers in responding to Department of Insurance complaints. She has extensive experience in property and casualty claims, ranging from personal lines homeowners and automobile policies to complex commercial lines policies. As a CPA, she is often asked to assist with claims and litigation involving complex business interruption losses or other complicated accounting issues.
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Patrick Eckler
Partner
Freeman Mathis & Gary
Mr. Eckler’s practice has evolved from primarily representing insurers in coverage disputes to managing complex... | Read More
Mr. Eckler’s practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. His record of success includes numerous summary judgments, several successful trial results and multiple favorable appellate results. His coverage practice for insurers and the insured involves CGL and personal lines policies, issues involving the duties to defend and indemnify, bad faith and the application of exclusions.
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