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This program was recorded on November 30, 2020
A liability insurance contract makes two primary promises to its policyholder, creating the: 1) duty to defend; and 2) duty to indemnify The duty to indemnify obliges the insurer to pay a judgment entered against its policyholder if and only if the judgment actually satisfies all of the complex language of the policy. In contrast, the duty to defend obliges the insurer to pay for a lawyer to take the policyholder through the judicial process that may result in a judgment or settlement that may or may not be fully covered for indemnity. This course will explain the “familiar principles” the victim’s counsel can “trigger” the duty to defend by pleading policy language and the policyholder can raise doubts about the efficacy of the insurer’s coverage challenges. The duty to defend ripens if by any conceivable theory the victim may recovery any damage that is covered for indemnity. The duty to indemnify can be incredibly complex and confusing, so that this course will not attempt to resolve any questions about the duty to indemnify specific claims.
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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- Liability Policy
- Conditions of Indemnity and Defense
- Statutory Duty to Defend
- Discharge of the Duty to Defend
- Could Liability and Damage Be a Good Thing?
- Gray v. Zurich
- Familiar Principles
- Trigger the Duty to Defend
- Summary Adjudication
- Establish Duty to Defend
- Jury Instructions
- Issue Preclusion