Liability Insurance Policy CLE
Liability Insurance Policy

$95.00

Clear

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.

Course Description

This program was recorded on November 9, 2020

Liability insurance is a contract by which the insurer makes only two primary promises to:

1) defend; and 2) indemnify its policyholder, usually written as only two sentences in the same paragraph buried halfway into a lengthy document and known as the insuring agreement – a very valuable

This course will explain how to bring order and understanding to lengthy and often confusing policy language, seemingly driven by secret code by quickly condensing the tome into an understandable two or three page summary. A clear understanding of a policy starts with the nugget, known as the insuring clause, in which “The Lord Giveth” by a remarkably simple, broad set of open promises. Then, in the whole rest of the policy contract, “The Lord Taketh Away” by attempting to limit the broad promises of the insuring clause through often lengthy, complex, confusing, and sometimes self-contradictory Definitions, Exclusions, Conditions, and Endorsements.

The policyholder bears the light burden of proof to show that the duty to defend is triggered by a third party claim, but the insurer bears the heavy burden of proof to implement the remainder of the policy take-backs.

Because insurance is a regulated industry, when a policyholder notifies its liability insurer of a third party liability claim, the insurer must conduct a thorough investigation and explain all bases upon which the insurer may deny coverage, under penalty of forfeiting contractual rights to later deny coverage. Thus, the insurer must do most of the work of clarifying the scope of any coverage challenge – a great aid to unsophisticated policyholders, victims, and their counsel.

This course will not attempt to resolve complex issues often raised regarding the duty to indemnify, but will highlight disturbing trends in new policy language.

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

ProLawCLE will seek approval of any CLE program where the registering attorney is primarily licensed with exceptions stated below. Application is made at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting.

ProLawCLE does not seek approval in the state of Virginia.

Each state has its own governing rules and regulations with regards to CLE courses and formats, therefore please contact your state MCLE regulatory entity for further details about your state's rules. Please visit our State Requirements page for information regarding your state's CLE requirements and/or contact information for your state bar.

As stated in our Reciprocity Provision, ProLawCLE will grant credit in the following states through reciprocity, therefore direct application will not be made in these states:

AK, AR, AZ, CT, DE, DC, FL, HI, MA, MD, ME, MI, MO, ND, NH, NJ, NM, NY, SD, PR.

The following states are self apply. The attorney can apply for credit at no cost. We will provide documentation for them to apply:

CO, IA, NE

OH Attorneys please note: OH Supreme Court will not approve any course that was aired more than 12 months prior.

SC Attorneys please note: Registration must occur no later than 5 business days from the event date or course accreditation is not guaranteed.

ProLawCLE is dedicated to providing quality education from expert speakers and ensuring each attorney receives CLE credit for their participation. If for some reason a particular course does not receive approval in the attorney's primary state of licensure, ProLawCLE will give credit for a future approved course or give a full refund, if applicable.

Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.

Read our full Reciprocity Provision here

  1. Uniformity of Insurance
  2. Basic Insurance Statues
  3. Insurance Contract Basics
  4. Insuring Clause(s)
  5. Variety of Insuring Clause
  6. The Duty of Indemnity
  7. Reservations of Rights
  8. Challenging Provisions