The Duty to Defend: Advanced, Challenging and Unique Issues
The duty to defend is the #1 most important liability coverage issue. It arises in every claim – regardless of the policy type and facts. Not to mention that the consequences for an insurer for breaching the duty can be severe. Insurers cannot afford a misstep.
In general, the duty to defend is broad and it is owed if the complaint provides any potential for coverage. But you don’t need a webinar to tell you that. Instead, this one hour webinar, presented by Randy Maniloff, explores advanced, challenging and unique duty to defend issues. The program looks well-beyond the basic duty to defend principles and examine the tough issues – the ones that cause disputes and get litigated because they don’t have easy answers.
Some of the topics addressed include:
- 33 states require resort to extrinsic evidence to determine the duty to defend.
Just how does that work? - Many "four corners" states still use extrinsic evidence to determine duty
to defend - What rates to pay independent counsel
- When can the duty to defend be terminated?
- Consequences for breaching the duty to defend
- Duty to defend and appeals
- States with duty to defend rules like none other
- Duty to defend and the ALI Restatement of Liability Insurance
- Is choice of law for the duty to defend different than other issues?
- Is choice of law for additional insureds different than the named insured?
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