Live Webcast/Rebroadcast – You watch the course online at the specified date and time shown below. You can ask questions and receive answers during the course.
On-Demand – You watch the course anytime and will have access to the course 24/7. Our On-Demand courses are available within 5-10 business days after the original recording and accessible for one year.
Live Webcast – January 18, 2021
- 10:00-11:00am PT / 11:00-12:00pm MT / 12:00-1:00pm CT / 1:00-2:00pm ET
When a third party plaintiff sues a defendant with liability insurance, the insurer reserves its rights to deny coverage, creating a disqualifying conflict of interest for dependent counsel, and the reserving insurer fails to promptly and fully pay independent counsel, the insurer may breach the duty to defend and lose its contractual control of settlement.
This course explains how the policyholder in proper cooperation with the injured victim may properly stipulate to judicial procedures to satisfy procedural due process of law to resolve the third party liability dispute on its merits and on bases which are covered for indemnity by the insurer’s policy.
Principal fields of study include: duty to defend, conflicts of interest, reservations of rights, Cumis counsel, lawyers’ ethical obligations, reasonableness of attorney fees, insurer reimbursement claims, good faith reliance on counsel, insurer good or bad faith, insurance coverage in construction defect, professional liability, personal injury, many business and personal torts, products liability, malicious prosecution, false imprisonment, libel, slander, wrongful eviction, invasion of privacy, discrimination, sexual harassment, and pollution claims. Represented insurance companies or policyholders in coverage disputes. Defended policyholders for insurers in a wide variety of liability suits.
1 General Credit
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PART ONE: THE PERFORMING INSURER CONTROLS SETTLEMENT
The Liability Insurance Policy
- Liability, Damage, and Coverage Elements
- No Promise to Settle
- Insurer’s Contractual Right to Control Settlement
Extra-Contractual Factors Impacting Settlement
- Duty of Good Faith and Fair Dealing
- The Limited Implied Duty to Settle
- Insurance Regulations
- Procedural Due Process of Law
PART TWO: DEFAULTING INSURERS MAY LOSE CONTROL OF SETTLEMENT
Resolving Cost of Defense Disputes
Upon a Liability Insurer’s Breach of the Duty to Defend,
the Parties May Settle a Liability Dispute and Make the Insurer Pay
- Cooperation Among Policyholder, Victim, and Their Counsel
- Protect the Insurer’s Rights of Procedural Due Process
- Insurers Which Deny All Coverage
- Control of the Policyholder’s Defense
- Control of Settlement
- Resist Insurer Claims of Collusion, Fraud, and Set-Up
- Consider Procedural Agreements?
- Consider Adjudicating Issues of Liability, Damages, and Coverage
- Some Settlements May Bind the Insurer
- Assignment of Rights and Covenant Not to Execute
- Distribution Agreement