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Extra-Contractual

The mission of this Committee is to marshal cutting edge extra-contractual knowledge, expertise, and resources to offer a strong platform of related educational programs for CLM members and other litigation professionals. The Committee will take a lead role in developing a framework for implementation of educational and collaborative programs for resolution executives; managers; and front-line professionals for proactive management of extra-contractual issues in multiline insurance settings to enhance good faith and achieve optimal results in resolution outcomes.

The committee’s work is practical as well as theoretical and seeks to produce results, protocols, and recommendations based upon facts gathered from multiple and representative sources. We welcome participation by CLM Fellows and Members.

Announcements

POSTED

ANNOUNCEMENTS

6/16/2021 Hello, 

Happy Wednesday! 

The Extra-Contractual committee is hosting the below webinar on October 5th at 12:00 pm ET: 

 
Common Pitfalls of Extra-Contractual Risk Exposure: Recent Trends in Claims and Solutions
Presenters
Description
The concept of “bad faith” continues to be a hot topic in the insurance industry and is one that starts with the carrier’s claims handling, from receipt of the claim, and continues well into the litigation through the claims resolution. In recent years, there have been changes across jurisdictions, expanding the scope of potential liability for bad faith damages and navigating the challenges caused by the continued erosion of the attorney-client privilege in bad faith litigation. The COVID-19 pandemic has impacted litigation in the form of delays as well as creating uncertainty when civil trials will commence with regularity.  Savvy claimant attorneys are looking to build up the claim value by posturing the claim early on for potential exposures. This all starts with the adjuster’s handling of pre-suit demands.  This CE will highlight some of the recent trends and provide practical solutions on how to avoid the common pitfalls from acknowledgement of the claim through resolution. 
 
Reserve your Webinar seat now at:
https://event.on24.com/wcc/r/3257914/4522EDA651C795505906C5A93FB17D9D

 
5/26/2021 Hello,
 
If you are interested in sharing your expertise at the 2021 CLM Focus Conference, December 2nd in New York, the proposal portal is now open!
 
You may submit a proposal on a topic of your choice, or choose from one of the suggested topics listed below:
 
  • The Sudden Chill Created by Allegations in Big Onion Tavern v. Society Hill - Can an insurer advertise or market its way into bad faith?
  • Mediation and settlement communications in extra-contractual litigation
  • Tips on opening and closing Statements, preparing and examining witnesses, use of expert witnesses, and preserving affirmative defenses
  • Claim handling best practices including investigation and documentation
  • Extra-contractual liability involving declining limits policies, deductibles, and SRIs
  • Extra-contractual liability between insurers
  • Practical tips and negotiation strategies for the claims professional to avoid claims of bad faith and/or the bad faith set up
  • The insurers reaction to the Covid  - 19 insurance tenders
 
Additionally, if you have any questions regarding proposal submission, joining a panel, or need assistance, please reach out to the Extra-Contractual Committee liaison at Khadijah.Johnson@theclm.org
4/21/2021 Committee Meeting Notes 4/21/21

Possible Webinars: We are working to fill out these panels and confirm dates for the following: 
 -     Extra-contractual obligations (ECO) in reinsurance         contracts(Maria Quintero & Mike Handler) (September?) 
 -     Common Pitfalls of Extra-Contractual Risk Exposure: recent trends         in claims and (solutions) Heather Gutkes, Amerisure and Sanaz         Alempour, Cole, Scott & Kissane)  (July?)
 -     Marketing your way into an EC Claim (Dan O'Connor) (November         or at conference)

Two other webinar topics which had been suggested were:

    -  Beyond Claims – When your Underwriting Department is the         Focus of the EC Exposure (including but not limited to post-loss         underwriting)
    -    Institutional Extracontractual Exposure (including company         culture and training issues)
These topics could also be the basis for a submission for the NY Focus Conference.

The NY Conference portal will open for submissions on May 10 and remain open for at least 6 weeks.  Last year's topics were:
The Sudden Chill Created by Allegations in Big Onion Tavern v. Society Hill - Can an insurer advertise or market its way into bad faith?
Mediation and settlement communications in extra-contractual litigation
Tips on opening and closing Statements, preparing and examining witnesses, use of expert witnesses, and preserving affirmative defenses
Claim handling best practices including investigation and documentation
Extra-contractual liability involving declining limits policies, deductibles, and SRIs
Extra-contractual liability between insurers
Practical tips and negotiation strategies for the claims professional to avoid claims of bad faith and/or the bad faith set up
The insurers reaction to the Covid  - 19 insurance tenders

We will also have 1-2 panels for the case law updates.  If you have any new case law (after 1/1/21) that you believe warrants inclusion, please send me the case for consideration.  Also, if you are interested in participating on the case law update roundtable, please let me know.  We usually have 4-5 people per roundtable, a balance of industry and attorneys, and it's fun to mix up the people involved!

Congratulations, Ashley!
Warm welcome to Khadijah! 

Talk to you all in June, if not sooner.  Thank you all for your continued support of the EC Committee!

 
4/20/2021 The Extra-Contractual Committee’s conference call is scheduled for tomorrow Wednesday, April 21st at 4pm EST.  

Conference call dial-in information:
Join from PC, Mac, Linux, iOS or Androidhttps://meetings.ringcentral.com/j/2784852838
Or Telephone:
    Dial (for higher quality, dial a number based on your current location):
    US: +1(469)4450100 (US South)
           +1(470)8692200 (US East)
           +1(623)4049000 (US West)
           +1(720)9027700 (US Central)
           +1(773)2319226 (US North)
    Meeting ID: 278 485 2838
4/6/2021 Hello,

Tomorrow's Extra-Contractual Committee conference call has been rescheduled for Wednesday, April 21st at 4pm EST.