How to Settle Quickly and Generously, Perhaps Even Without Insurer Consent

$95.00

Clear
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Course Description

This program was recorded on January 18, 2021

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.

Speaker Bio
1 General Credit
Course Agenda

Attorney Stephen ThomasStephen Thomas
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.

Contact Stephen Thomas

1 General Credit

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Course Agenda

PART ONE: THE PERFORMING INSURER CONTROLS SETTLEMENT

The Liability Insurance Policy

  1. Liability, Damage, and Coverage Elements
  2. No Promise to Settle
  3. Insurer’s Contractual Right to Control Settlement

Extra-Contractual Factors Impacting Settlement

  1. Duty of Good Faith and Fair Dealing
  2. The Limited Implied Duty to Settle
  3. Insurance Regulations
  4. 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

  1. Cooperation Among Policyholder, Victim, and Their Counsel
  2. Protect the Insurer’s Rights of Procedural Due Process
  3. Insurers Which Deny All Coverage
  4. Control of the Policyholder’s Defense
  5. Control of Settlement
  6. Resist Insurer Claims of Collusion, Fraud, and Set-Up
  7. Consider Procedural Agreements?
  8. Consider Adjudicating Issues of Liability, Damages, and Coverage
  9. Some Settlements May Bind the Insurer
  10. Assignment of Rights and Covenant Not to Execute
  11. Distribution Agreement
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Tuesday: 9am - 6pm ET
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