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Coverage and Indemnification Tips and Tricks

Contains material from Dec 2015

Coverage and Indemnification Tips and Tricks
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Session 1: Corporate Policyholders’ Most Common Insurance Questions and How to Answer Them - A discussion of issues important to in-house counsel clients—policy placement and possible enhancements to the company’s insurance program; when, how or when not to provide notice to the insurance carrier; analyzing and responding to reservation of rights or denial letters; whether the company has the right to choose its own lawyer to defend it in litigated matters; and litigation strategies against the insurer and related third parties.
 
Session 2: How to Get Dough Out of Insurance Companies: Tactics and Tricks of the Trade - A discussion of critical tactics and strategies for getting insurance companies to pay on a variety of claims. Learn the differences in approach as to different lines of coverage, based on the varied experiences of the panelists, such as first-party property, automobile liability and underinsured/uninsured motorists coverage, general liability and professional liability. The use of settlement agreements in liability cases that push the limits of Gandy and Lennar is also addressed.
 
Session 3: Insurer Duty to Indemnify: Before Judgment or Settlement? - For decades, an insurer knew it had no duty to indemnify, if it had no duty to defend. The Texas Supreme Court, however, upended that well-settled issue in D.R. Horton-Tex., Ltd. v. Markel Int’l Ins. Co., meaning that insurers who have properly denied a defense may have to make difficult coverage decisions when an insured demands indemnity for a settlement or a judgment. Based on recent Supreme Court precedent, may a court rule on the duty to indemnify prior to judgment or settlement?

Includes: Audio Paper Slides


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1. Corporate Policyholders’ Most Common Insurance Questions and How to Answer Them (Dec 2015)

Robert M. Hoffman, James E. Mutrie III, Robert J. Ryan, Christopher S. Willis

0.75 0.00 0.00
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(mp3)
48 mins
Session 1 —48 mins
Corporate Policyholders’ Most Common Insurance Questions and How to Answer Them (Dec 2015)

A discussion of issues important to in-house counsel clients—policy placement and possible enhancements to the company’s insurance program; when, how or when not to provide notice to the insurance carrier; analyzing and responding to reservation of rights or denial letters; whether the company has the right to choose its own lawyer to defend it in litigated matters; and litigation strategies against the insurer and related third parties.

Originally presented: Nov 2015 Insurance Law Institute

Robert M. Hoffman, Andrews Kurth LLP - Dallas, TX
James E. Mutrie III, RSP Permian - Dallas, TX
Robert J. Ryan, Stallion Oilfield Services - Houston, TX
Christopher S. Willis, Interstate Battery System of America, Inc. - Dallas, TX

Show session details

2. How to Get Dough Out of Insurance Companies: Tactics and Tricks of the Trade (Dec 2015)

Michael W. Huddleston, Ernest Martin Jr., J. Steven Mostyn, James Craig Orr Jr., Mark A. Ticer

1.00 0.25 0.00
Preview Materials

Download session materials for offline use

(mp3)
60 mins
(pdf)
20 pgs
(pdf)
16 pgs
Session 2 —60 mins
How to Get Dough Out of Insurance Companies: Tactics and Tricks of the Trade (Dec 2015)

A discussion of critical tactics and strategies for getting insurance companies to pay on a variety of claims. Learn the differences in approach as to different lines of coverage, based on the varied experiences of the panelists, such as first-party property, automobile liability and underinsured/uninsured motorists coverage, general liability and professional liability. The use of settlement agreements in liability cases that push the limits of Gandy and Lennar is also addressed.

Originally presented: Nov 2015 Insurance Law Institute

Michael W. Huddleston, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Ernest Martin Jr., Haynes and Boone, LLP - Dallas, TX
J. Steven Mostyn, Mostyn Law - Houston, TX
James Craig Orr Jr., Heygood, Orr & Pearson - Dallas, TX
Mark A. Ticer, Law Office of Mark A. Ticer - Dallas, TX

Show session details

3. Insurer Duty to Idemnify: Before Judgment or Settlement? (Dec 2015)

Cathlynn H. Cannon

0.50 0.00 0.00
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Download session materials for offline use

(mp3)
36 mins
(pdf)
17 pgs
(pdf)
12 pgs
Session 3 —36 mins
Insurer Duty to Idemnify: Before Judgment or Settlement? (Dec 2015)

For decades, an insurer knew it had no duty to indemnify, if it had no duty to defend. The Texas Supreme Court, however, upended that well-settled issue in D.R. Horton-Tex., Ltd. v. Markel Int’l Ins. Co., meaning that insurers who have properly denied a defense may have to make difficult coverage decisions when an insured demands indemnity for a settlement or a judgment. Based on recent Supreme Court precedent, may a court rule on the duty to indemnify prior to judgment or settlement?

Originally presented: Nov 2015 Insurance Law Institute

Cathlynn H. Cannon, Wilson Elser - Dallas, TX