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Hot Topics In Insurance Coverage And Bad Faith Litigation  

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Training Course Syllabus:


This seminar is designed for attorneys and legal staff, claims managers, risk managers and other insurance professionals.

Insurance law is constantly changing, and the practitioner must remain informed on the recent developments. By attending this seminar, you will gain knowledge from experts in insurance law which will facilitate your understanding of current issues.

Whether you are an attorney, in-house counsel, insurance agent or other representative of an insurance company, you must know and understand the current status of bad faith claims.

Areas to be discussed include:

• Emerging Trends For CGL Coverage

• Developments In The Duty To Defend

• Coverage Issues Under D&O Policies

• Cumis Counsel

• Mediating Insurance Coverage And Bad Faith Disputes

• The Defense Reaction

• Discovery

• Summary Judgment

• Trial Of The Bad Faith Lawsuit

9:00 a.m. - 9:35 a.m.

I. Emerging Trends For CGL

Coverage

A. Advertising Injury Coverage: Is There Anything Left?

B. Coverage For Mold Claims: Is There Anything Left?

C. The Use And Abuse Of Rescission As A Threat Against Insureds

9:35 a.m. - 10:15 a.m.

II. Recent Developments In The

Duty To Defend

A. The Duty To Defend: Broad But Not Unlimited

B. The Consequences Of A Wrongful Refusal To Defend

C. Defense Of Additional Insureds Post-Presley

10:15 a.m. - 10:30 a.m.

Break

10:30 a.m. - 11:05 a.m.

III. Coverage Issues Under D&O

Policies

A. Distinctions Between D&O And CGL Policies On Defense Obligations

B. Allocation Between Covered/Uncovered Defense Costs

C. Applicability Of Cumis To D&O Policies

D. Indemnification Of Defense Costs For Conduct Barred By Ins. Code Section 533

11:05 a.m. - 11:45 a.m.

IV. Cumis Counsel: How Insurers

Challenge Fees Owed To

Independent Counsel

A. Reduced Rates Per Civil Code

§ 2860

B. Audits And “Billing Guidelines”

C. Allocation

D. Litigating Fee Disputes

11:45 a.m. - 12:00 p.m.

V. Questions And Answers

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:45 p.m.

VI. Mediating Insurance Coverage

And Bad Faith Disputes

1:45 p.m. - 2:15 p.m.

VII. The Initial Defense Reaction

A. Removal Tactics

B. Initial Response To The Complaint

C. First Party vs. Third Party Claims

D. Excess Verdicts

2:15 p.m. - 2:45 p.m.

VIII. Discovery

A. Plaintiff’s Perspective

B. Defense Considerations

C. Advice Of Counsel Defense

D. Information About Other Claims

2:45 p.m. - 3:00 p.m.

Break

3:00 p.m. - 3:30 p.m.

IX. Summary Judgment/

Adjudication Motions

A. Genuine Issue Doctrine

B. Economic Damages

C. Coverage Defenses, Limitations, Failure To Cooperate, Fraud

D. Plaintiff’s Opposition

3:30 p.m. - 4:15 p.m.

X. Trial Of The Bad Faith Lawsuit

A. Motions In Limine

B. Bifurcation

C. Trial Themes

D. Jury Selection

E. Lay Witnesses

F. Expert Witnesses

G. Punitive Damages

4:15 p.m. - 4:30 p.m.

XI. Questions And Answers

Seminar Summary:

 (see full course description)

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