First & Third Party Extra-Contractual Claims
Dan Brunson, Wilson Elser Moskowitz Edelman & Dicker LLP
L. Kathleen Chaney, Lambdin & Chaney
An insurer’s duty of good faith and fair dealing is implied in every insurance policy. A first party extra contractual claim arises when a policyholder alleges the insurer has not acted in good faith in the handling of the insurance claim and involves damages in addition to or outside, the contract of insurance. A third party extra contractual claim is one brought against the insurer by someone other than the named insured for the same type of damages. This course will enable the student to understand when and how extra contractual claims arise, good claims handling to avoid extra contractual claims, how the courts and/or state statutes define good claims handling and the damages recoverable in extracontractual claims. It will also guide the student in understanding that third party extracontractual damages can be recovered in a roundabout way where no direct action is allowed.Back to top
Institutional Bad Faith
Joseph Cowan, Hand Arendall LLC
The landscape and focus of extra-contractual litigation is constantly changing. This course will discuss what an institutional extra-contractual claim is and how it differs from a typical extra-contractual claim. We will explore the subject matter of these claims; the discovery requests associated with them; and how to defend these types of claims.
Pretrial/Trial of Extra-Contractual Claims
Because extra-contractual litigation focuses on the insurance company’s conduct, litigation in these cases may require significant company resources. This course will discuss the unique challenges which must be addressed in extra-contractual litigation including evaluating of the claim; identifying company resources needed; selection of counsel; formulating and executing a litigation plan; and options for resolution.
Group Project Review/Discussion
Consent Judgments - Primary & Excess Insurer EC Issues
This course is to explain how the use of consent judgments can lead to extra-contractual exposures for carriers. This course will explain what consent judgments are, why plaintiff’s counsel would want to enter into a consent judgment, situations where consent judgments arise, the mechanics of a consent judgment and methods by which carriers can either attack or prevent consent judgments. At the conclusion of this course, students will understand the fundamentals consent judgments, and will understand methods for attacking or preventing consent judgments.
Extra-Contractual Claim Red Flags Part I
This course will identify claims handling red flags that every claims resolution professional should be able to recognize and understand how to appropriately respond. Among other items, this course will discuss coverage disputes; how and when to make an offer; policy limits/time limited demands; insufficient limits; rejection of a demand; rejection of a reservation of rights; and consent judgments.