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

Avoiding Consequence...

This course is designed to alert patent practitioners with the PTO rules on the “Duty of Discl...

2024 Mid-Year Insura...

This CLE presentation will empower attendees to: • Identify common issues and claims that pres...

Handling Liens in Pe...

This program will provide a detailed look at a variety of liens the practitioner may encounter while...

Effective Mediation ...

The program will cover a wide range of mediation strategies including preparing an effective mediati...

The Role and Benefit...

Confidentiality is one of the most valuable – but misunderstood – benefits that internat...

Gambling – The “...

In 2018, the United States Supreme Court, in Murphy vs. NCAA, held that sports gambling was legal in...

Can You Really Get F...

In a recent decision, rap music became front and center of a workplace harassment lawsuit. In Stepha...

Cyber Liability...

Presented in plain-language English, this presentation will address the minimum necessary network se...

Federal Contractorsâ...

Clients pursue government contracts to make a profit and, since labor is the biggest cost driver in ...

Silence in Court! Mo...

“Movement psychology” is a branch of psychology that emerged in the early twentieth cent...