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Vol. 10 - Issue 4
June 17, 2021


Free Webinar -- Top 10 Duty To Defend Issues: Just A Few Spots Left


I previously offered to put on my “Top 10 Duty To Defend Issues” webinar as training for insurer claims departments.  The response was great and I’m going to have a busy Fall talking all things duty to defend with lots of insurers.  The subject matter will be serious, of course, but I’ll make it fun.

There are only so many of these that my schedule allows.  I have just a few spots left.  If you are interested, drop me a note and we can set something up. 

The issues to the discussed:

The duty to defend standard: Sure, it’s broad, but it is not limitless.

Four corners of extrinsic evidence?: Forty-six (46) states – yes, that many -- have the possible consideration of extrinsic evidence to determine the duty to defend.  

Pre-tender defense costs: Late notice can be difficult to satisfy; but it can be a much different story with pre-tender defense costs. 

The “artfully pleaded” complaint: C’mon man, there’s no duty to defend under these facts.  I know the complaint was drafted that way just to trigger a defense.

Independent counsel: In about 26 states (give or take), a reservation of rights may give rise to the insured’s right to independent counsel.

Rates for independent counsel: Not an easy issue. What do the courts have to say about it?

Choice of law: Are the rules different for duty to defend?

Breach of the duty to defend: You got it wrong.  Now what?

Reimbursement of defense costs: This issue has been getting a lot of activity lately.

Restatement of Liability Insurance: What does the new ALI Restatement have to say about these issues?

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