Designed for senior-level coverage professionals and executives, this month-long series, developed by Wilson Elser attorneys will explore the complexities in coverage that pose the greatest challenges to insurers today and in the near future. Each week, experienced attorneys will address a new topic. Join one or all master classes for valuable insights from Wilson Elser’s thought leaders.
Tuesday, May 6, 1–2 pm ET
Summary Judgment in Bad Faith Actions – Defending Against an
Insurance Bad Faith Claim as a Matter of Law
Richard Boone Jr, Siobhán A. Mueller, Kieran Lang
The presenters will provide critical insights for claims personnel and coverage counsel regarding bad faith claims and how best to position a case involving such claims for summary judgment. They will discuss the essential considerations for an insurer from the inception of the claim through the conclusion of discovery on the coverage litigation as well as effective strategies for the insurer’s counsel to demonstrate to a court that summary judgment as a matter of law is warranted.
Thursday, May 8, 1–2 pm ET
A Claim Professional’s Overview of Proper Evaluation and
Handling of Timed Policy Limit Demands to Avoid Extra-Contractual
Exposure
Dale Dobuler, John Podesta, David Simantob
This presentation is designed to help claims professionals and
attorneys understand how to properly consider, evaluate, and
respond to timed policy limits demands, and to identify situations
in which an affirmative tender of policy limits may be required
even in the absence of a timed demand. The presenters will provide
a high-level understanding of how to recognize, evaluate, and
address proper timed policy limit demands to avoid judgments that
exceed policy limits and consequential damages exposures.
Tuesday, May 13, 1–2 pm ET:
What Conflicts Trigger an Insurer’s Duty to Provide
Independent Counsel to Defend an Insured
Jonathan Meer, Susan Schwartz, Thomas Spitaletto
The presenters will focus on the conflicts that trigger an
insurer’s duty to provide independent counsel to defend an
insured. This presentation is designed to assist claims
professionals in determining when the insurer’s right to
control the defense of a claim against its insured must give way to
the insured’s right to use its own independent choice of
defense counsel, and the type of conflict that gives rise to that
right. The presenters will provide an overview of the general
principles as well as the specific law in the key jurisdictions of
California, Florida, Illinois, New York, and Texas.
Thursday, May 15, 1–2 pm ET
Using Extrinsic Evidence to Determine the Duty to Defend: Eight
Corners, Four Corners, or No Corners?
Ashley Gilmore, Erik Tomberg, Blake Crawford
This session will explore the various frameworks used to determine
when a liability insurer has a duty to defend its insured and
whether extrinsic information outside the underlying pleading can
be considered. The team of Wilson Elser attorneys will explain the
general rules as well as certain recognized exceptions to those
rules, and address the specific considerations in five key
jurisdictions: California, Florida, Illinois, New York, and Texas.
The session will also address the potential risks of a denial of
the duty to defend.
Tuesday, May 20, 1–2 pm ET
To Note or Not to Note
Stephanie Reda, Lisa Wilson
“To Note or Not to Note” will examine the benefits and
common pitfalls of placing claim notes in each file. Adjusters will
benefit from this program by learning quick and easy adjustments to
their daily practice that can add value to their claims handling
and limit exposure for bad faith claims. Topics include the
importance of claim notes to business, the basics of writing claim
notes, and best practices. The session includes a short Q&A
period.
Thursday, May 22, 1–2 pm ET
Yours, Mine, or Ours? The Complex and Often Competing Duties Owed
by Agents and Brokers to Their Insurers and Insureds
Peter Moore, Daniel Tranen, Robin Wexler
The complex and often competing duties owed by agents and brokers
to their insurers and insureds can be complicated and vary
significantly across jurisdictions. The presenters will provide a
coherent overview of the duties owed by, between, and among captive
agents and brokers, insurers and insureds, and managing general
agents and underwriters. They will outline some of the key
differences across jurisdictions that insurers should consider when
evaluating their duties and how those duties may be affected by
local laws, statutory schemes, and specific factual scenarios. The
course will also address strategies for identifying situations that
may create exposure for insurers based on the conduct or statements
of their agents and brokers and, potentially, those of the
insureds.
Tuesday, May 27, 1–2 pm ET
Making a Mountain Out of a Mole Hill: Damage Escalation Strategies
in Property Claims
Jennifer Martin, Lisa Wilson
In this presentation on first-party property damages issues, the
presenters will explore techniques plaintiffs use to inflate the
contractual damages beyond what the policy contemplates. The
discussion will focus on replacement cost value and actual cost
value provisions that insureds try to avoid when they are
“underpaid.” Jennifer and Lisa also will discuss the
use of the prevention doctrine and some strategies to address its
use.
Thursday, May 29, 1–2 pm ET
Optimizing Risk Transfer: The Effective Use of Contractual
Indemnity and Additional Insurance
Eric Cheng, Katherine Tammaro, Jane Young, Richard Bortnick
This presentation explores risk transfer techniques –
contractual indemnity and additional insureds. The team will
address how best to optimize the avenues for successful risk
transfer, including identifying what you need, the parties to
target, the differences or potential similarities between
contractual indemnity and additional insurance, and working with
defense and coverage counsel.