One of the first things that a lawyer learns when they start to represent plaintiffs in personal injury actions is that in most cases the defendant’s liability insurer calls all the shots, from who represents the defendant to whether or not the case will settle. An understanding of the role and logistics of insurance is crucial for effectively representing claimants. This webinar will cover the basics, including:
The role of the defendant’s insurer in defending and settling a claim.
How insurance coverage insulates defendants from most (but not all) claims.
Common reasons that an insurer may deny coverage to the defendant.
Why an insurer may agree to defend an insured but not indemnify.
Advantages and disadvantages to the claimant of an insurer agreeing to defend but not indemnify.
How to draft a complaint to either trigger or not trigger a duty to defend if indemnity is unlikely.
The role of policy limits in settlement negotiations.
Why, when, and how to threaten or bring a bad faith settlement claim against an insurer.