insurance litigation for non-legal insurance professionals
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Your Instructors TodayThe Law Offices of
15250 Ventura Blvd., 9th Floor Sherman Oaks, CA 91403(818) 205-9955 P (818) 205-9944 F
rfreedman@tharpe-howell.com www.Tharpe-Howell.com
Johnna Hansen, Esq. Timothy Lake, Esq.Robert Freedman, Esq.
Ms. Hansen is a Firm Partner and Trial Attorney who has handled over 100 bench and jury trials during her career.
Mr. Lake is a Firm Partner and Chair of its Insurance Coverage and Bad Faith Practice Group.
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Panel Members
Tim Lake Insurance Coverage
Opinions, Litigation and Appeals
Johnna Hansen Insurance Coverage
Litigation Trial Attorney
Robert Freedman
Commercial Transactions
Litigation
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Disclaimers
California Law Information Purposes ONLY Information does not constitute legal advise Contact Attorney To Discuss Specific
Matters
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About Tharpe and Howell, LLC
65 Attorney Civil Litigation Firm
Representing Insureds, Self -Insureds, and Insurers
California, Nevada, Arizona, Utah And Washington
Tharpe-Howell.Com
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Topics To Be Discussed
Constitutes Majority Of Appellate Opinions
Insurance Coverage Opinions
Insured V. Insurer – Breach Of Contract / Bad Faith
Insurer V. Insurer – Indemnity And Contribution
Insurer V. Insured – Subrogation
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Topics To Be Discussed
Agents / Broker E&O
California Claims Handling Statutes
Risk Management Tips
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Goals of Webinar
Insight Into Active Areas Of Insurance Coverage Litigation
How And Why Cases Develop
Touch On Important Cases And Statutes
Tips For Risk Management
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Active Areas Of Insurance Coverage Litigation
Breach Of Contract – Denial Of Coverage
Bad Faith – Extra Contractual Damages
Bad Faith – Refusal To Defend And Indemnify
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Active Areas Of Insurance Coverage Litigation
Declaratory Relief
Contribution
Subrogation
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Formal Insurance Coverage LettersTender Letters: Timely And Complete
Opinion Letters: Predict How Courts Will Interpet Coverage / Analysis Of Facts, Law And Policy Terms
Opinion Letters: Use With Advice Of Counsel – Defense For Bad Faith Claims
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Formal Insurance Coverage LettersReservation Of Rights Letters: Preserves
Insurer’s Rights To Deny Or Limit Coverage While Investigating / Defending Claims
Buss V. Superior Court – Allocation Between Covered And Uncovered Claims
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California Claims Handling StatutesCalifornia Code of Regulations
Section 2695.5(e)(1): – 15 days to acknowledge claim and specify
information needed
Section 2695.5(b)(1): – 15 days to respond to communication
from claimant
Section 2695.7(b): – Insurer required to accept/ deny claim
within 40 days after receiving proof
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California Claims Handling StatutesCalifornia Code of Regulations
Section 2695.7(c)(1): – If more time is required, insurer must
provide written notice and specify additional information required, and reasons for inability to make a decision; written notice must be provided every thirty (30) days until a determination is made or notice of legal action.
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Typical Reasons For Denial Of Coverage
Insured Party / Insured Interest:
Bodily Injury, Property Damage, Advertising Injury Caused By “Occurrence”
Completed Operations Coverage
Failure To Satisfy Sir
Continuous Trigger: Montrose V. Admiral
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Typical Reasons For Denial Of Coverage
Professional Liability Policies:
Claims Made And Reported Policies
E&O Claims: “Claim” During The Policy Period Against An “Insured” For Wrongful Act” In Rendering “Professional Services”
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Bad Faith-Refusal To Defend And Indemnify Wrongful Denial Of Benefits Or Defense Duty Of Good Faith And Fair Dealing First Party – Duty To Reasonably Investigate And
Pay Benefits CGL - Duty To Investigate; Provide Defense
Upon “Potential” For Coverage CGL - Duty To Pay Damages “Actually”
Covered CGL - Duty To Achieve Reasonable Settlements
Within Policy Limits
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Bad Faith-Refusal To Defend And Indemnify Tort Liability: Breach Of Duty Of Good Faith And
Fair Dealing No Bad Faith If There Is No Coverage Under The
Policy Damages: Policy Benefits, Accrued Interest,
Consequential Damages Time Limitations: (Absent Policy Limitations): 4
Years Breach Of Contract & 2 Years - Covenant Of Good Faith And Fair Dealing
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Bad Faith Extra Contractual DamagesEconomic Losses
Emotional Distress
Attorneys’ fees Incurred To Enforce Payment Of Benefits Denied Or Delayed In Bad Faith Are Recoverable As Tort Damages: Brandt V. Superior Court
Punitive Damages
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Equitable Subrogation
Insurer That Has Paid Loss “Steps Into The Shoes Of Its Insured” To Recover From Parties Legally Responsible
Policy Provisions Or Assignment
Action In Name Of Insurer Or Insured
Same Defenses May Be Asserted
Anti-Subrogation – Can Not Sue Insured For Loss
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Agent & Broker E&0 Distinction Between Agent And Broker
Duty To Obtain Policy And Coverage Requested
Claims Handling Exposure
Extent Of Duty Based On Relationship And Expertise
Failure To Procure / Misrepresentations As To Coverage
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Agent & Broker E&0
Two (2) Year Statute Of Limitations
Duty To Third Party Beneficiary ( Business To Business Markets, Inc. V. Zurich)
Trial Within A Trial
Damages: Insurance Benefits
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Risk ManagementMaintain Records Of CorrespondenceDocument Requests For Coverage From
InsuredsDisclose (In Writing) Coverage
Limitations / Exclusions / SIR’s / Deductibles
Insured To Complete And Execute All Applications
Know Insured’s Business Models, Risks, And Entities
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Risk Management
Confirm Coverages ObtainedConfirm Persons, Entities, & Properties
InsuredWritten Authorization / Endorsement From
Insurers For AIE’s Communicate Notice Of Claim To Proper
InsurersRequest Status Of Claim From Insurer
Every 30 Days
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