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The Duty to Defend: Advanced, Challenging and Unique Issues

The National Underwriting Company Webinar | November 16, 2016

The duty to defend is the #1 most important liability coverage issue. It arises in every claim – regardless of the policy type and facts. Not to mention that the consequences for an insurer for breaching the duty can be severe. Insurers cannot afford a misstep.

In general, the duty to defend is broad and it is owed if the complaint provides any potential for coverage. But you don’t need a webinar to tell you that. Instead, this one hour webinar, presented by Randy Maniloff, explores advanced, challenging and unique duty to defend issues. The program looks well-beyond the basic duty to defend principles and examine the tough issues – the ones that cause disputes and get litigated because they don’t have easy answers.     

Some of the topics addressed include:

  • 33 states require resort to extrinsic evidence to determine the duty to defend. 
    Just how does that work?
  • Many "four corners" states still use extrinsic evidence to determine duty
    to defend
  • What rates to pay independent counsel
  • When can the duty to defend be terminated?
  • Consequences for breaching the duty to defend
  • Duty to defend and appeals
  • States with duty to defend rules like none other
  • Duty to defend and the ALI Restatement of Liability Insurance
  • Is choice of law for the duty to defend different than other issues?
  • Is choice of law for additional insureds different than the named insured?

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