Get Up to Date with the Latest Pitfalls and Case Law
Do you know how courts are currently interpreting insurance contracts? Are you up to date with the latest case law, trends and developments? Our seasoned faculty will clarify the rules of insurance policy interpretation - and pitfalls - with practical illustrations and leading case law. Gain the knowledge you need to detangle insurance policies, spot current coverage traps/gaps, identify ambiguity, and argue for a favorable interpretation. Register today!
- Uncover recent trends and developments in court applications of the rules of insurance contract interpretation.
- Learn how to effectively spot and argue ambiguity in insurance contracts.
- Navigate complex trigger of coverage problems.
- Discover how to allocate coverage responsibility when a loss implicates multiple policies and policy periods.
- Delve into hidden exclusions, terms and insurance policy conditions that may preclude coverage.
- Catch up with the latest case law surrounding CGL policies and other key insurance policies.
All times are shown in Eastern time
2:00 - 3:30 PM, Kristine M. Sorenson
- How to Prove/Resolve Ambiguity in Insurance Contracts
- How Courts Interpret and Apply Insurance Policies
- Plain Meaning Rule vs. Parties' Intent
- Ambiguity - What Constitutes Ambiguity in Insurance Contracts?
- Use of Extrinsic Evidence to Establish and/or Resolve Ambiguity
- Applying the Reasonable Expectations Doctrine
- Contra Proferentem Rule
- Burdens of Proof
- Top Misinterpretations/Misapplications by Attorneys and Courts
- Recent Trends and Developments
- Trigger and Allocation: Occurrence and Claims-Made Policy Issues
- When Did the Trigger Occur?
- Defining "Occurrence" and "Accident"
- Exposure, Manifestation, Injury-in-Fact, Continuous Trigger Theories
- Claims-Made Complexities
- Detangling Multiple Policies and Allocating Coverage Responsibility
3:45 - 5:15 PM, Mark D. Malloy
- Hidden Traps Precluding Coverage: Exclusions, Terms and Conditions
- "Hidden" Exclusions That Preclude Coverage
- Sticky Conditions
- Insurance Policy Terms Currently Being Litigated
- Case Law Review
- Exclusions and Exceptions in Key Policies (CGL, D&O, etc.): Recent Interpretations and Applications
- Duty to Defend and Other Duties to the Insured: Current Issues and Developments
This program is designed for attorneys. Insurance professionals and paralegals may also benefit.