Handling an Insurance Liability Claim: Roadmap for New Attorneys
Identifying and Analyzing the Policy, the Insured, and the Loss
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Friday, August 30, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer new insurance attorneys guidance on core issues that should be considered upon receipt of a demand or pleading that could give rise to a claim. The panel will discuss how to analyze potential coverage based on the applicable policies, how to analyze the demand or pleading, and what statutes and other laws must be assessed.
Mr. Glandon has helped policyholders recover over $1 billion for first party losses and third-party liabilities. Kevin has extensive experience with complex, multimillion-dollar property damage and business interruption claims arising out of catastrophic events, including damage to or destruction of commercial real estate, hotels, and manufacturing plants caused by hurricanes, floods, and fires--prominent risks potentially impacted by climate change. He also has significant experience litigating and advising on coverage for environmental and products liability claims. Mr. Glandon assists clients with insurance recovery under cyber, fidelity and crime insurance, builder's risk, and product recall policies, and has advised on impacts due to communicable disease and insurance-related due diligence in connection with major acquisitions. He advises clients regarding efficient and practical insurance strategies to prepare for and respond to first-party losses and third-party claims, and has worked extensively with forensic accountants, insurance brokers, and subject matter experts to achieve an effective, multidisciplinary approach to claim resolution. Mr. Glandon's insurance-related experience spans the fields of commercial real estate, hospitality, manufacturing, government contracting, energy production, and professional sports. He also has experience advising clients in compliance and defense matters regarding political and election law, including the Foreign Agents Registration Act, the Securities and Exchange Commission’s pay-to-play rules, the Federal Election Campaign Act, Senate and House ethics rules, and numerous state and local political and election laws and regulations.
Mr. Kronenberg, senior Los Angeles litigator, represents clients in a wide range of complex commercial litigation, including defending clients in consumer, employment, insurance and securities lawsuits, and government investigations. He has served as lead counsel for clients such as Aptive Environmental, Banc of California, Beazley Group, Blackstone, Citibank, KKR, L3 Technologies, LG Display, Lion Capital, Nature Home Flooring, Pinnacle Foods, SiriusXM Radio, Siris Capital, Vivint, Inc., Vivint Solar, Vivo Capital, Whittaker, Clark & Daniels and Yingli. Mr. Kronenberg has been recognized by The Legal 500 in multiple categories, including Securities Litigation, Insurance and Appellate. In addition, he has been named by Benchmark Litigation as a California “Litigation Star” and a “Labor & Employment Star.”
Mr. Fisher is CEO of the Fisher Consulting Group, Inc. For almost 50 years, he has been involved in the underwriting, adjustment, investigation, and resolution of professional liability claims. Mr. Fisher has authored over 80 articles on professional liability, given over 100 Webinars and presentations to trade audiences and is an expert on claims-made insurance policies.
When a demand for coverage and/or related pleadings has been received, a new lawyer needs a systematic and logical approach to analyzing the necessary documents and laws that will dictate the response. After noting any deadlines, the first order of business is to ascertain what policy applies, what type of policy it is, and then review each policy and any related documents, such as the application and the notice of loss. Different coverage issues and options arise under different types of policies.
In addition to the policy, new attorneys should be familiar with relevant statutes and case law that govern the claims process. The potential for conflicts lurks throughout the process, so staying alert for when the policyholder might be entitled to independent counsel is critical.
Ultimately, new attorneys need to learn how to determine whether the claimant is an insured, whether the events in question obligate the insurer to defend or indemnify the claim, and if so, how much, and whether there are any defenses to coverage that should be reserved. Without a system in place, some of these complex and intertwined issues can be overlooked.
Listen as this experienced panel of insurance practitioners shares what new attorneys need to know about handling liability insurance claims.
- Identifying the relevant policies and policy type
- Additional or related documents that affect coverage
- Analyzing the policy with respect to duties to defend, indemnify, settle
- Is the person/entity involved covered?
- Did the loss occur during the policy period?
- Is there coverage for the cause of loss?
- Is the property or the injury covered?
- Is the type of loss covered?
- Are the damages covered?
- What geographic territory is covered?
- Are there applicable exclusions?
- Is there other applicable insurance?
- Are there other miscellaneous provisions to consider?
- Spotting conflicts of interest
- Relevant statutes and common law principles
- Managing expectations and keeping the parties informed
The panel will review these and other key issues:
- What are the key policy provisions to pay attention to?
- What are the pivotal statutes to consider?
- What policy terms or phrases have historically given rise to coverage disputes?
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