One of the bedrock principles of liability insurance law in most jurisdictions is that the duty to defend is broader than the duty to indemnify. Most states have numerous appellate decisions outlining the various approaches to determining whether an insurer must defend its insured against a lawsuit. However, the duty to indemnify is not nearly as well established. This panel will discuss emerging approaches that courts have adopted to determine whether an insurer must pay, in whole or in part, a judgment entered against or settlement reached with its insured. These approaches include estoppel from improper failure to defend, collateral estoppel of facts found in the underlying case, consideration of evidence from the underlying suit, allocation, and reasonableness. The panel also will discuss the practical realities of assessing whether a duty to indemnify ultimately may exist as pleadings and evidence develop in the underlying suit, including the potential for “consent judgments.” The panel will share thoughts and strategies on how the likelihood or not of a duty to indemnify can help influence resolution of the underlying lawsuit, particularly when some but not all counts of a complaint may be covered. The effectiveness and propriety of using verdict forms, summary judgment motions, insurer intervention in the underlying litigation, consent judgments, declaratory judgment actions, or mediation and settlement will be covered. The panel also will consider how insurers and insureds can in some instances work together to encourage settlement of a lawsuit with duty to indemnify strategies and arguments.

Speakers:

  • Heather Weaver, Counsel, Lowenstein Sandler LLP
  • Laura B. Dowgin, Partner, Kennedys
  • Janet Foster, Casualty Team Manager, Interinsurance Exchange of the Automobile Club

Moderator: 

  • Michael L. Young, Partner, Reichardt Noce & Young LLC

Time: 1:45 p.m. PT

Location: Estancia La Jolla Hotel & Spa, 9700 N Torrey Pines Rd, La Jolla, CA 92037

*Disclaimer: This event is open to the public but requires a registration fee.

Event details