How to Limit Exposure to Insurer Reimbursement Claims

$95.00

Clear
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Course Description

This program was recorded on January 25, 2021

When a third party plaintiff sues a defendant with liability insurance which reserves its rights to deny coverage, pays dependent counsel, independent counsel, or both to defend the lawsuit, and/or funds a settlement, the insurer may obtain reimbursement from the policyholder. The policyholder may be required to reimburse the insurer for defense costs from the policyholder that are allocable to claims that were even potentially covered. The insurer may also obtain reimbursement of unreasonable defense costs from independent counsel. Finally, the insurer may obtain reimbursement from the policyholder of settlement sums paid by the insurer which are allocable to non-covered exposure. This course explains the nature, rationale, and procedural conditions applicable to a liability insurer’s rights to reimbursement and explains how policyholders and independent counsel may properly resist such claims for reimbursement.

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

Brief Review of Previous Lectures

The Situation

Comparison of Deductibles and Self Insured Retentions

1. Deductibles

2. Self Insured Retentions

3. Split SIRs

Allocation Clauses

1. Who Decides Proper Allocation?

2. Settlement Hammer

Insurer Reimbursement Claims

1. Majority Rule of No Implied Right of Reimbursement

2. Industry Response of Contractual Reimbursement Clauses

3. California Anomaly

A. Buss Implied Defense Cost Reimbursement

B. J.R. Marketing Implied Reimbursement from Independent Counsel

C. Blue Ridge Implied Settlement Cost Reimbursement

Available Responses to an Insurer’s Settlement Costs Reimbursement Claim

Option #1: Accept the Settlement and Blue Ridge Exposure

Option #2: Assume One’s Own Defense

Option #3: Waive Bad Faith Liability

Option #4: Negotiate an Equitable Allocation of Liability

Option #5: Accept and Reject the Settlement

Option #6: Assume Control and Settle Without Insurer Consent

Sample Deductible

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