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

Artificial Intellige...

Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...

Settled Expectation ...

This presentation serves as a critical follow-up to the June 12, 2026, session on PTAB Discretionary...

Key Trends Defining ...

Class action litigation continues to evolve rapidly in response to an innovative plaintiffs’ b...

Ethics Under Pressur...

Lawyers regularly communicate with clients who are angry, overwhelmed, frightened, unrealistic, or d...

Freediving Through F...

Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...

Federal Contractor R...

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

Using Family Law Tec...

Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...

Navigating the Curre...

The course will explore new guidance concerning FCPA enforcement issued by the Trump Administration ...

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...

Best Behavior: Effec...

This program will address the ethical obligations of Lawyer Advocates representing clients in arbitr...