How to Properly Plead Into and Prove Insurance Coverage and Panel Counsel Ethical Conflicts

05 Jun , 2024

To register for the upcoming live webinar, please Click Here

Many neophyte plaintiff’s lawyers who file civil liability actions anticipating that defendants’ valid liability insurance will fund a settlement or judgment need to understand how liability insurers routinely seek to deny coverage to their policyholders and injured plaintiffs. 

The first thing liability insurers do is to answer three questions:  Does the insurer have:

1) A duty to defend?

2) A duty to indemnify?

3) The right to control the policyholder’s defense?

Because the answer to these questions derives from a comparison of the language of the insurance policy to the language of the plaintiff’s complaint and proof, plaintiffs’ counsel often has vast power to secure valuable insurance coverage.

This program will address how lawyers may properly advance goals of pleading and proving covered damages, correcting pleading defects, developing truthful evidence, and perhaps exposing actual conflicts of interest pursuant to Rules 1.4 and 1.7 that may ethically disqualify the insurer’s pre-approved panel counsel from protecting the insurer’s interests to the detriment of the plaintiff and the policyholder.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Beyond the Bargainin...

Modern mediation increasingly brings together parties, counsel, and neutrals across a broad range of...

Introduction to Deri...

This program provides attorneys with a foundational understanding of derivatives and their role in m...

Religion and Reasona...

Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...

The Resilience Proto...

This 60-minute session gives you a practical operating system for the mental side of legal work: how...

Objectives, Obstacle...

This dynamic CLE presentation challenges trial lawyers to rethink everything they were taught about ...

Not for the Faint of...

Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...

Trade Secret Litigat...

This course on trade secrets litigation provides real-world best practices through all key stages of...

Open Source AI: The ...

Open-source AI models have gone from niche developer tools to enterprise essentials almost overnight...

Recognizing and Comb...

This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...