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Litigating Insurance Coverage Claims: From Start to Finish. INSURANCE COVERAGE CONTRACT LANGUAGE 101 Common Terms, Coverage Limits and Exclusions Insurer's Duty to Defend Insurer's Duty to Indemnify Triggers of Coverage Insured's Rights and Protections.

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litigating insurance coverage claims from start to finish
Litigating Insurance Coverage Claims: From Start to Finish
  • INSURANCE COVERAGE CONTRACT LANGUAGE 101
    • Common Terms, Coverage Limits and Exclusions
    • Insurer's Duty to Defend
    • Insurer's Duty to Indemnify
    • Triggers of Coverage
    • Insured's Rights and Protections
litigating insurance coverage claims from start to finish1
Litigating Insurance Coverage Claims: From Start to Finish

INSURANCE COVERAGE

CONTRACT LANGUAGE 101

    • Common Terms, Coverage Limits and Exclusions
  • First Party v. Third Party Insurance Claims
  • Occurrence and Claims Made Policies
  • The Rules of Construction
  • Exclusions
litigating insurance coverage claims from start to finish2
Litigating Insurance Coverage Claims: From Start to Finish

INSURANCE COVERAGE

CONTRACT LANGUAGE 101

  • Insurer's Duty to Indemnify
  • Triggers of Coverage
  • An Occurrence: ‘an accident, including continuous or repeated exposure to substantially the same general harmful conditions’
  • Notice to Insurer/Demands
litigating insurance coverage claims from start to finish3
Litigating Insurance Coverage Claims: From Start to Finish

INSURANCE COVERAGE

CONTRACT LANGUAGE 101

    • Insurers Duty to Defend
  • Four Corners Rule
  • Notice vs. Fact Pleading
  • Extrinsic Evidence
  • In For a Penny…
  • Potential Conflicts
litigating insurance coverage claims from start to finish4
Litigating Insurance Coverage Claims: From Start to Finish

INSURANCE COVERAGE

CONTRACT LANGUAGE 101

    • Insured's Rights and Protections
  • “Bad Faith” Claims
  • Section 155: Vexatious and Unreasonable Delay
  • The So-Called “Duty to Settle”
litigating insurance coverage claims from start to finish5
Litigating Insurance Coverage Claims: From Start to Finish

CASE EVALUATION AND

PRE-LITIGATION STEPS

  • Case Intake and Informal Investigation Tactics
  • Finding Sources and Limits of Coverage
  • Negotiating the Claim With the Claimant/Insurance Company
  • Tendering a Claim for Defense
  • Insurance Company Claim Investigation
  • Denial of Coverage and its Potential Consequences for Both Sides
  • Insurance Coverage Case Law Update
litigating insurance coverage claims from start to finish6
Litigating Insurance Coverage Claims: From Start to Finish

CASE EVALUATION AND

PRE-LITIGATION STEPS

  • Case Intake and Informal
  • Investigation Tactics
  • Finding Sources and Limits of
  • Coverage
  • Insurance Company Claim
  • Investigation
  • Tendering a Claim for Defense;
  • “Pleading Into Coverage”
litigating insurance coverage claims from start to finish7
Litigating Insurance Coverage Claims: From Start to Finish

How much am I bid for this $20 bill?

CASE EVALUATION AND

PRE-LITIGATION STEPS

  • Negotiating the Claim With the Claimant/Insurance Company
litigating insurance coverage claims from start to finish8
Litigating Insurance Coverage Claims: From Start to Finish

CASE EVALUATION AND

PRE-LITIGATION STEPS

  • Denial of Coverage and its Potential Consequences for Both Sides
  • “An insurer has three options if it wishes to dispute coverage: (1) it may seek a declaratory judgment as to non-coverage, (2) it may provide coverage under a reservation of rights, or (3) it may deny coverage.”
litigating insurance coverage claims from start to finish9
Litigating Insurance Coverage Claims: From Start to Finish

CASE EVALUATION AND

PRE-LITIGATION STEPS

    • I Insurance Coverage Case Law Update
  • Caterpillar, Inc. v. Century Indem. Co., 2011 WL 488935 (3rd Dist. 2011)
  • American Service Ins. Co. v. United Auto. Ins. Co., 2011 WL 1501566 (1st Dist. 2011)
  • West American Ins. Co. v. Yorkville Nat., 238 Ill.2d 177, 939 N.E.2d 288 (2010)
  • Piser v. State Farm Mut. Auto. Ins., 405 Ill.App.3d 341, 938 N.E.2d 640 (1st Dist. 2010)
  • Santa's Best Craft, L.L.C. v. Zurich American Ins., 941 N.E.2d 291 (1st Dist. 2010)
  • American Family Mut. Ins. Co. v. Guzik, 406 Ill.App.3d 245, 941 N.E.2d 936 (3rd Dist. 2010)
  • Pekin Ins. Co. v. Wilson, 237 Ill.2d 446, 930 N.E.2d 1011 (2010)
  • Continental Cas. Co. v. Donald T. Bertucci, Ltd., 399 Ill.App.3d 775, 926 N.E.2d 833 (1st Dist. 2010)
  • Rein v. State Farm Mut. Auto. Ins. Co., 2011 WL 855652 (1st Dist. 2011)
  • Lorenzo v. Capitol Indem., 401 Ill.App.3d 616, 928 N.E.2d 1274 (1st Dist. 2010)
  • Founders Ins. Co. v. Munoz, 237 Ill.2d 424, 930 N.E.2d 999 (2010)