Insurance Law Institute 2023
Date: Oct 24, 2023 9:00 a.m. – 4:00 p.m.
Location: New Jersey Law Center, New Brunswick and Online
Areas of Law: Insurance
Earn up to 6.7 credits! (More Information)
Keynote
Moderator
- Julia Talarick, Esq.
- Kinney Lisovicz Reilly & Wolff PC, Parsippany
Presenters
- Bethany Barrese, Esq.
- Saxe Doernberger & Vita, PC, Basking Ridge
- Maida Chinosi, Esq.
- Hinshaw & Culbertson LLP, Union
- Kathleen J. Devlin, Esq.
- Weber Gallagher Simpson Stapleton Fires & Newby LLP, Bedminster
- Eric Jesse, Esq.
- Lowenstein Sandler LLP, Roseland
- Kimberly M. Parson, Esq.
- Rebar Kelly, Saddle Brook
- Ashley Lauren Turner, Esq.
- McCarter & English, Newark
- Valerie A. Vladyka, Esq.
- Schenck Price Smith & King LLP, Paramus
This year's Insurance Law Institute will focus on an insurer’s duty to defend. Questions that will be explored include:
- When does the insurer have a duty to defend?
- When can an insured recoup defense costs?
- When should an insurer not defend?
- What should a reservation of rights letter contain?
- What happens when an insurer fails to defend?
Our panel of NJ insurance law attorneys will address these questions and more as they demystify the duty to defend.
Topics include:
- Duty to Defend
- What is it?
- Policy language
- Four corners test
- Facts outside complaint
- Historical overview
- Tenders
- Recoupment of defense costs
- coverage (or not) for pre-tender defense fees
- Defend claims or suits
- Cost share agreement and allocation
- Conflicts – can insurer defend?
- What are the scenarios?
- Material misrepresentation
- Can insurer offer a defense?
- Rescission and timing
- What is it?
- The Do’s and Don’ts of Reservation of Rights Letters
- Magical words
- Named insured v. additional insured
- Timing
- Assignment of counsel
- Raising coverage defenses
- In ROR
- Catchall phrase
- In denial letter
- In ROR
- Consequences of a wrongful failure to defend