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

Event Code: I079323

Areas of Law: Insurance

Earn up to 6.7 credits! (More Information)




Julia Talarick, Esq.
Kinney Lisovicz Reilly & Wolff PC, Parsippany


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
  • 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
  • Consequences of a wrongful failure to defend

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit (Full Credits Available: NJ Civil Trial Attorney Credit: 6.7, NJ General: 6.7).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 6.5
PA CLE:PA Substantive Credit: 5.5
$24.00 fee – separate check payable to NJICLE must be submitted at the end of the program


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