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

Shareholder Fiduciar...

This session provides an in-depth examination of the fiduciary duties that both minority and majorit...

Master Trial Series ...

Session 8 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Master Trial Series ...

Session 9 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

Anatomy for Lawyers...

A variety of types of cases require an understanding of anatomy. Equally, cases require the utilizat...

Indemnification and ...

Two pivotal contractual provisions are indemnification and limitations on liability. Yet, these two ...

Truth or Tech - Navi...

As technology advances, the manipulation of digital content has become more sophisticated and access...

Attorney Licensure a...

Substance use disorders and mental health challenges can affect any attorney regardless of gender, c...

Navigating the NIL M...

As Name, Image, and Likeness (NIL) deals become increasingly common across collegiate athletics, att...

Master Trial Series ...

Session 4 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...

So You Need to Sue t...

This program will explain the nuts and bolts of pursuing common claims against the federal governmen...