LITIGATION OF COVERAGE DISPUTES  

 

 

Chapter 26

Litigation Of Insurance Coverage Disputes

Reasons for Initiating Coverage Litigation

Statue of Limitations

[A] Statue of limitations

[B] Applicable Statutory Period

[C] Running of Statue Of Limitations

 

 

 

Choice Of Form and choice of law

[A] Choice of form

[B] Choice Of Law

Claims Asserted in Litigation

[A] Declaratory Judgments actions

[B] Breach of contract

[C] Bad- Faith and Unfair Claims Handing

Case Management

[A] Case Management Orders

[B] Coordination among Counsel

[C] Master Policy File

[D] Central Document Repository

[E] Representative Claims or Losses and phasing of Discovery

[F] Miscellaneous Issues

Discovery In Litigation

[A] Confidentiality and protective Orders

[B] Discovery Against Insurers

[1] Missing Insurance policies

[a] policyholder files

[b] Insurer Files

[c] broker Files

[d] Third-Party Sources

[2] Claims- Handing Information

[3] Policy interpretation

[4] Loss – control Information

[5] Miscellaneous insurer discovery

[C] Defensive Discovery

[D] Attorney – Client Privilege Issues

Issues Related To Trial

[A] Phasing of trail

[B] the Policyholder’s Burden of Proof

[C] The insurer’s Burden of proof

Settlement and other Dispute Resolution

[A] Settlement Amount

[B] Scope of Release

[C] Indemnification of insurers

[D] Miscellaneous Settlement Provision

[E] Arbitration and mediation of Disputes

Recovery if attorneys’ Fees in Litigation against insurer

[A] State Decisional Law Awarding attorney’s Fees to Prevailing Policyholders

[B] State Statutory Law Awarding attorneys’ Fees to Prevailing Policyholders

[C] Recoverability of attorneys’ Fees Pursuant to Insurance policy provisions

Forms 1 ISO 2000 Commercial General Liability Occurrence Forms

Form 2 ISO 2000 Commercial General Liability Claims

[A] Overview of insolvency proceedings

*****Lecture seminar this course is 3.0 hours for Continuing Education (CE) This course includes current cases and the change of how the court view aspects of policy interpretation, its exclusions, disputes and Bad Faith. Course study for a Professional Designation  requires 12 hours study time. The course is designed to briefly touch on all bases of the litigation process and how the courts look at the burden of proof on disputed matters. The course also discusses area of arbitration and missing polices.  Up to date case review are provided to show the changing trends of the court's interpretation of policies.

This is a great course for adjusters and agents who monitor litigation claims and want get a better understanding of the legal system as it is applies to the insurance industry.

 

 

 

 

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