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Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Common Terms, Coverage Limits and Exclusions Insurer's.

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Presentation on theme: "Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Common Terms, Coverage Limits and Exclusions Insurer's."— Presentation transcript:

1 Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Common Terms, Coverage Limits and Exclusions Insurer's Duty to Defend Insurer's Duty to Indemnify Triggers of Coverage Insured's Rights and Protections

2 Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Common Terms, Coverage Limits and Exclusions First Party v. Third Party Insurance Claims Occurrence and Claims Made Policies The Rules of Construction Exclusions

3 Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Insurer's Duty to Indemnify Triggers of Coverage An Occurrence: an accident, including continuous or repeated exposure to substantially the same general harmful conditions Notice to Insurer/Demands

4 Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Insurers Duty to Defend Four Corners Rule Notice vs. Fact Pleading Extrinsic Evidence In For a Penny… Potential Conflicts

5 Litigating Insurance Coverage Claims: From Start to Finish INSURANCE COVERAGE CONTRACT LANGUAGE 101 Insured's Rights and Protections Bad Faith Claims Section 155: Vexatious and Unreasonable Delay The So-Called Duty to Settle

6 Litigating Insurance Coverage Claims: From Start to Finish CASE EVALUATION AND PRE-LITIGATION STEPS Case Intake and Informal Investigation Tactics Finding Sources and Limits of Coverage Negotiating the Claim With the Claimant/Insurance Company Tendering a Claim for Defense Insurance Company Claim Investigation Denial of Coverage and its Potential Consequences for Both Sides Insurance Coverage Case Law Update

7 Litigating Insurance Coverage Claims: From Start to Finish CASE EVALUATION AND PRE-LITIGATION STEPS Case Intake and Informal Investigation Tactics Finding Sources and Limits of Coverage Insurance Company Claim Investigation Tendering a Claim for Defense; Pleading Into Coverage

8 Litigating Insurance Coverage Claims: From Start to Finish How much am I bid for this $20 bill? Negotiating the Claim With the Claimant/Insurance Company CASE EVALUATION AND PRE-LITIGATION STEPS

9 Litigating Insurance Coverage Claims: From Start to Finish CASE EVALUATION AND PRE-LITIGATION STEPS Denial of Coverage and its Potential Consequences for Both Sides An insurer has three options if it wishes to dispute coverage: (1) it may seek a declaratory judgment as to non-coverage, (2) it may provide coverage under a reservation of rights, or (3) it may deny coverage.

10 Litigating Insurance Coverage Claims: From Start to Finish CASE EVALUATION AND PRE-LITIGATION STEPS I Insurance Coverage Case Law Update Caterpillar, Inc. v. Century Indem. Co., 2011 WL (3rd Dist. 2011) American Service Ins. Co. v. United Auto. Ins. Co., 2011 WL (1st Dist. 2011) West American Ins. Co. v. Yorkville Nat., 238 Ill.2d 177, 939 N.E.2d 288 (2010) Piser v. State Farm Mut. Auto. Ins., 405 Ill.App.3d 341, 938 N.E.2d 640 (1 st Dist. 2010) Santa's Best Craft, L.L.C. v. Zurich American Ins., 941 N.E.2d 291 (1 st Dist. 2010) American Family Mut. Ins. Co. v. Guzik, 406 Ill.App.3d 245, 941 N.E.2d 936 (3 rd Dist. 2010) Pekin Ins. Co. v. Wilson, 237 Ill.2d 446, 930 N.E.2d 1011 (2010) Continental Cas. Co. v. Donald T. Bertucci, Ltd., 399 Ill.App.3d 775, 926 N.E.2d 833 (1 st Dist. 2010) Rein v. State Farm Mut. Auto. Ins. Co., 2011 WL (1st Dist. 2011) Lorenzo v. Capitol Indem., 401 Ill.App.3d 616, 928 N.E.2d 1274 (1 st Dist. 2010) Founders Ins. Co. v. Munoz, 237 Ill.2d 424, 930 N.E.2d 999 (2010)


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