Calendar Details - Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend

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Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend
Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend
08/09/12 10:00 AM - 11:30 AM


Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend

August 9, 2012

Time: 1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)
Length: 1 hour 30 minutes
ID: 390047

    Special Offer
Live Audio Conference: $199.00 $169.15 Register Now

Live Audio Conference + CD: $268.00
Best Value!
Register Now
Can't Attend the Live Audio Conference?
CD/Manual Package Only:   $169.15 Add to Cart
Members receive a 15% discount on all orders. You may register online or call Lorman at 866-352-9539. Please use Priority Code 16125 and Discount Code N5644671 when registering.

Audio ConferenceCredit
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This live audio conference will provide an overview of insurance coverage for defense of third-party claims and suits, focusing on how defense cost coverage is allocated and defense costs reimbursed under difference types of insurance policies, as among insurers, and as between insurers and insureds. Areas addressed will include critical components of the 'duty to defend,' key principles of defense coverage provided under 'duty to defend,' defense cost advancement, and defense cost reimbursement types of policies, the methodology used in allocating defense costs between and among different insurers, different types of coverages, and insureds, and circumstances in which insurers may 'claw back' defense payments previously made to insureds. The live audio conference will be beneficial to coverage counsel for insurers and insureds, defense counsel involved in representing insureds in 'defense coverage' situations, and risk management and insurance professionals.


Overview – Defense Coverage

  • The 'Duty to Defend'
  • 'Pay On Behalf Of' Defense Coverage
  • Defense Cost Advancement
  • Reimbursement/Indemnification of Defense Costs

Duty to Defend – Key Principles

  • Determining Existence of Duty to Defend
    • 'Eight Corners' Rule
    • Extrinsic Evidence
  • Defending Under a Reservation of Rights
    • Conflicts of Interest and Right to Independent Counsel
    • Selection of Defense Counsel
    • Insurer Counsel Guidelines
    • Privilege Protection and Waiver Issues
    • Defense Counsel's Rates

Allocation of Defense Costs

  • Among Multiple Primary Insurers
    • Multiple Years of Primary Coverage
    • Concurrent Coverage (Including 'Additional Insured' Coverage)
    • 'Targeted Tender'
  • Among Multiple Primary and Excess/Umbrella Insurers
  • Among 'Claims Made' and 'Occurrence' Policies
  • Among Insurers and Insured

Insurer 'Claw Back' or Reimbursement of Defense Costs From Insured

  • Under 'Duty to Defend' Policies
  • Under Defense Cost Advancement Policies
  • Under Defense Cost Reimbursement/Indemnification Policies


John D. Shugrue, Reed Smith LLP

John D. Shugrue
  • Partner in the Insurance Recovery Group in Reed Smith LLP’s Chicago office
  • Practice focuses on representing policyholders in complex litigation and insurance coverage matters involving commercial general liability, directors and officers, errors and omissions, first-party property and business interruption, pollution liability and fidelity coverage
  • Experience with all major U.S. insurers and experienced in litigation, mediation and arbitration with Lloyd’s of London, and other London and Bermuda market insurers
  • Recognized as one of the top policyholder practitioners in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America
  • Writes and lectures often on insurance coverage topics, including D&O insurance, business interruption claims, environmental insurance coverage, coverage for emerging area of tort liability, use of ADR in insurance disputes, and special issues relating to Lloyd’s of London and the London insurance market
  • Co-wrote the treatise Insurance Coverage Disputes, published by Law Journal Press
  • Former co-chair of the American Bar Association Litigation Section’s Insurance Coverage Litigation Committee
  • Twice co-chaired the committee’s annual meeting, and co-chaired a bipartisan American Bar Association task force that prepared the Manual for Complex Insurance Coverage Litigation
  • Graduate, with honors, University of North Carolina School of Law and the University of Denver
  • Can be contacted at 312-207-2459 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Continuing Education Units
  • CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
  • NALA
  • Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Detailed Credit Information

Only registered attendee will receive continuing education credit. Additional attendees can receive continuing education credits at a discounted price. Call 1-866-352-9540 for further credit information and details.

Who Should Attend

This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.

Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend

August 9, 2012

    Special Offer
Live Audio Conference: $199.00 $169.15 Register Now

Live Audio Conference + CD: $268.00
Best Value!
Register Now
Can't Attend the Live Audio Conference?
CD/Manual Package Only:   $169.15 Add to Cart



Instructions for Submitting Events to the WSPA Calendar:

  • Chapter Directors: To submit upcoming events for this calendar, please send an e-mail to with your event details and an Chapter Directors Application for CLE Credit to our CLE Accreditation Chair.
  • All other Organizations must complete an Application for WSPA Continuing Legal Education Credits available in (PDF) or (Word) and submit it with a fee of $40 per event. Events should be appropriate for legal professionals, and WSPA reserves the right to not accept any event listing that does not meet the needs and goals of the association. Send a check for $40 (payable to WSPA) with your completed Application for WSPA CLE Credits to WSPA, P.O. Box 58530, Seattle, WA 98138. Please allow 7-10 days for processing your Application for WSPA CLE Credit approval.

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