Gain an understanding of how defense costs are allocated and reimbursed under various types of insurance policies.
This topic will provide an overview of insurance coverage for defense of third-party claims and suits, focusing on how defense cost coverage is allocated, and defense costs reimbursed under different types of insurance policies, among insurers, and between insurers and insureds. Areas addressed will include critical components of the duty to defend, key principles of defense coverage provided under duty to defend, defense cost advancement, and defense cost reimbursement types of policies, the methodology used in allocating defense costs between and among different insurers, different types of coverages, and insureds, and circumstances in which insurers may claw back defense payments previously made to insureds. The topic will be beneficial to coverage counsel for insurers and insureds, defense counsel involved in representing insureds in defense coverage situations, and risk management and insurance professionals.
Agenda
Overview - Defense Coverage
- The Duty to Defend
- Defense Cost Advancement
- Reimbursement/Indemnification of Defense Costs
Duty to Defend - Key Principles
- Determining the Existence of Duty to Defend
- Defending Under a Reservation of Rights
Allocation of Defense Costs
- Among Multiple Primary Insurers
- Among Claims Made and Occurrence Policies
- Among Insurers and Insured
Insurer Claw Back or Reimbursement of Defense Costs From Insured
- Under Duty to Defend Policies
- Under Defense Cost Advancement Policies
- Under Defense Cost Reimbursement/Indemnification Policies
Speakers
Haley A. Hinton,
Barnes & Thornburg LLP- Associate in the Insurance Recovery Group of Barnes & Thornburg LLP in Chicago
- Represents manufacturers, national sports teams and leagues, and policyholders with claims related to mergers and acquisitions, under representations, and warranties policies
- Represents companies with loss related to cybercrime under cyber liability coverage, long-tail environmental and toxic tort claims under general liability policies, including companies with loss related to COVID-19, natural disaster under first-party and business interruption insurance, and companies with loss under ocean cargo marine and storage policies
- Unique insurance experience
- Served as a legal and legislative intern at the Connecticut Department of Insurance
- Served as an intern for a major insurer and as a summer associate at an insurance defense firm
Kevin B. Dreher,
Reed Smith LLP- Partner in the Insurance Recovery Group in Reed Smith LLP’s Chicago office
- Practice focuses on commercial litigation with an emphasis on representing policyholders in complex litigation and insurance disputes
- Insurance coverage practice is nationwide and has involved litigation in jurisdictions throughout the United States
- Significant experience representing and counseling Fortune 500 companies in a variety of complex commercial litigation and insurance matters
- Handled disputes in negotiation and litigation with all major U.S. insurers, and London and Bermuda market insurers
- Writes and speaks frequently on insurance coverage and other topics and recognized as a Rising Star in Litigation
- J.D. degree, University of Illinois College; M.A. degree, Loyola University in Chicago; B.A. degree, University of Michigan
- Can be contacted at 312-207-2778 or kdreher@reedsmith.com
Thomas A. Marrinson,
Reed Smith LLP- Partner in the Chicago office of Reed Smith LLP
- Practice focuses on commercial litigation and contracts, with a special emphasis on insurance coverage and other forms of contractual risk transfer
- Regular speaker and presenter on topics involving insurance coverage and risk transfer, and is the author of numerous publications, including Professional Liability Insurance and co-author of Insurance Coverage Disputes
- Member of the Board of Legal Aid Chicago and a Governing Member of the Brookfield Zoo
- J.D. degree, UCLA School of Law; A.B. degree, Columbia University
- Can be contacted at tmarrinson@reedsmith.com
Who Should Attend
This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.
