Pleading into Coverage and the Duty to Defend: Strategies to Enhance Insurer Involvement

DATE: Tuesday, February 28, 2023

TIME: 1:00 PM - 2:30 PM

ORGANIZER: Strafford Publications

This CLE webinar will instruct insurance litigators on how to plead allegations that fall within a policy's coverage grant but outside the policy's exclusions when alleging the underlying claims that trigger coverage and the duty to defend. The program will identify mistakes that can get complaints dismissed although the underlying facts of the claim are within coverage. The panel will also speak to the issue of "inartful" pleading that attempts to trigger the duty to defend an excluded claim.

Coverage turns almost entirely on how the underlying actions are pleaded. Thus, insurance litigators want to discover available insurance policies and then draft pleadings--whether plaintiff or defense--that trigger the available coverage and the duty to defend.

Problems arise because the facts crucial to establishing coverage often have no bearing on liability. Thus, attorneys can plead too little, leaving out facts demonstrating coverage and giving the insurer ample ground to argue it has no duty to defend the policyholder.

Attorneys can also plead too much and end up pleading "outside of coverage." The complaint may contain causes of action that are covered, but the facts alleged only support a non-covered or excluded claim. Although pleading "outside of coverage" is not always fatal to the duty to defend or to coverage, it can create a host of unnecessary complications and dampen insurer involvement.

Listen as this experienced panel instructs insurance litigators how to plead covered claims and how to avoid mistakes that can cause a complaint to be dismissed even when the underlying facts of the claim are within coverage.

Related People

insurance recovery attorney | Anderson Kill P.C.
Jason Kosek
New York

Related Practice Areas

Related Events

Anderson Kill's 27th Annual Policyholder Advisor Webinar Series "Cyber Risk and Insurance Claims Survival Guide"
Tuesday, December 12, 2023
Speakers: Joshua Gold, Dennis J. Nolan, Luma S. Al-Shibib
Anderson Kill
Artificial Intelligence, Real Liabilities, and Likely Insurance Coverage Disputes in First Party Claims
Wednesday, December 6, 2023
Speakers: Dennis J. Artese, Cort T. Malone
National Association of Public Insurance Adjusters | Boston, MA