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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 • 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 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 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 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 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 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 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 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 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 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)
