Allocation and Reimbursement of Defense Costs (On-Demand)

$169.00

This course will provide an overview of insurance coverage issues that arise in connection with the defense of third-party claims and suits, focusing on how defense cost coverage is allocated when there are covered and non-covered claims and multiple insurers, and the disputes that can arise with regard to reimbursement of defense costs under different types of insurance policies.  Areas addressed will include how to determine when a defense is required, when conflicts give rise to the need for independent counsel, common reimbursement disputes that arise during the defense, critical components of the “duty, the methodology used in allocating defense costs between and among different insurers, different types of coverages, and insureds, and the extent to which insurers may “claw back” defense payments previously made to insureds. 

Want a discount? Become a member by purchasing LawPracticeCLE Unlimited or Limited Time Unlimited Special!

Event Details

Course Type

Course Instructor

Thomas Marrinson, Esq.

Original Date Of Course

General Credits

2

Course Description

This course will provide an overview of insurance coverage issues that arise in connection with the defense of third-party claims and suits, focusing on how defense cost coverage is allocated when there are covered and non-covered claims and multiple insurers, and the disputes that can arise with regard to reimbursement of defense costs under different types of insurance policies.  Areas addressed will include how to determine when a defense is required, when conflicts give rise to the need for independent counsel, common reimbursement disputes that arise during the defense, critical components of the “duty, the methodology used in allocating defense costs between and among different insurers, different types of coverages, and insureds, and the extent to which insurers may “claw back” defense payments previously made to insureds. 

Principles

  1. Defense Coverage Overview
  2. Duty to Defend — Key Principles
  3. Allocation of Defense Costs
  4. Insurer Claw Back or Reimbursement of Defense Costs from Insured

Syllabus

  1. Overview — Defense Coverage
    a.
    The Duty to Defend
    b. Defense Cost Advancement
    c. Reimbursement/Indemnification of Defense Costs
  2. Duty to Defend — Key Principles
    a. Determining Existence of Duty to Defend
    b. Defending Under a Reservation of Rights
  3. Allocation of Defense Costs
    a. Among Multiple Primary Insurers
    b. Among Claims Made and Occurrence Policies
    c. Among Insurers and Insured
  4. Insurer Claw Back or Reimbursement of Defense Costs from Insured
    a. Under Duty to Defend Policies
    b. Under Defense Cost Advancement Policies
    c. Under Defense Cost Reimbursement/Indemnification Policies

Instructor

Thomas A. Marrinson, Esq.