69-25_ Insurance Coverage Master Class-HubSpot_Jp-jg2-Apr-11-2025-07-19-36-7311-PM

Wilson Elser Insurance Coverage Master Class Series

Course Descriptions

Designed for senior-level coverage professionals and executives, this month-long series, developed by Wilson Elser attorneys will explore the complexities in coverage that pose the greatest challenges to insurers today and in the near future. Each week, experienced attorneys will address a new topic. Join one or all master classes for valuable insights from Wilson Elser’s thought leaders.

 

Tuesday, May 6, 1–2 pm ET
Summary Judgment in Bad Faith Actions – Defending Against an Insurance Bad Faith Claim as a Matter of Law
Richard Boone Jr and Kieran Lang

The presenters will provide critical insights for claims personnel and coverage counsel regarding bad faith claims and how best to position a case involving such claims for summary judgment. They will discuss the essential considerations for an insurer from the inception of the claim through the conclusion of discovery on the coverage litigation as well as effective strategies for the insurer’s counsel to demonstrate to a court that summary judgment as a matter of law is warranted.

Thursday, May 8, 1–2 pm ET
A Claim Professional’s Overview of Proper Evaluation and Handling of Timed Policy Limit Demands to Avoid Extra-Contractual Exposure
Dale Dobuler, John Podesta, David Simantob
 
This presentation is designed to help claims professionals and attorneys understand how to properly consider, evaluate, and respond to timed policy limits demands, and to identify situations in which an affirmative tender of policy limits may be required even in the absence of a timed demand. The presenters will provide a high-level understanding of how to recognize, evaluate, and address proper timed policy limit demands to avoid judgments that exceed policy limits and consequential damages exposures. 

Tuesday, May 13, 1–2 pm ET: 
What Conflicts Trigger an Insurer’s Duty to Provide Independent Counsel to Defend an Insured
Jonathan Meer, Susan Schwartz, Thomas Spitaletto

The presenters will focus on the conflicts that trigger an insurer’s duty to provide independent counsel to defend an insured. This presentation is designed to assist claims professionals in determining when the insurer’s right to control the defense of a claim against its insured must give way to the insured’s right to use its own independent choice of defense counsel, and the type of conflict that gives rise to that right. The presenters will provide an overview of the general principles as well as the specific law in the key jurisdictions of California, Florida, Illinois, New York, and Texas.

Thursday, May 15, 1–2 pm ET
Using Extrinsic Evidence to Determine the Duty to Defend: Eight Corners, Four Corners, or No Corners?
Ashley Gilmore, Erik Tomberg, Blake Crawford

This session will explore the various frameworks used to determine when a liability insurer has a duty to defend its insured and whether extrinsic information outside the underlying pleading can be considered. The team of Wilson Elser attorneys will explain the general rules as well as certain recognized exceptions to those rules, and address the specific considerations in five key jurisdictions: California, Florida, Illinois, New York, and Texas. The session will also address the potential risks of a denial of the duty to defend. 

Tuesday, May 20, 1–2 pm ET
To Note or Not to Note
Stephanie Reda, Lisa Wilson

“To Note or Not to Note” will examine the benefits and common pitfalls of placing claim notes in each file. Adjusters will benefit from this program by learning quick and easy adjustments to their daily practice that can add value to their claims handling and limit exposure for bad faith claims. Topics include the importance of claim notes to business, the basics of writing claim notes, and best practices. The session includes a short Q&A period.

Thursday, May 22, 1–2 pm ET
Yours, Mine, or Ours? The Complex and Often Competing Duties Owed by Agents and Brokers to Their Insurers and Insureds 
Peter Moore, Daniel Tranen, Robin Wexler

The complex and often competing duties owed by agents and brokers to their insurers and insureds can be complicated and vary significantly across jurisdictions. The presenters will provide a coherent overview of the duties owed by, between, and among captive agents and brokers, insurers and insureds, and managing general agents and underwriters. They will outline some of the key differences across jurisdictions that insurers should consider when evaluating their duties and how those duties may be affected by local laws, statutory schemes, and specific factual scenarios. The course will also address strategies for identifying situations that may create exposure for insurers based on the conduct or statements of their agents and brokers and, potentially, those of the insureds.

Tuesday, May 27, 1–2 pm ET
Making a Mountain Out of a Mole Hill: Damage Escalation Strategies in Property Claims
Jennifer Martin, Lisa Wilson 

In this presentation on first-party property damages issues, the presenters will explore techniques plaintiffs use to inflate the contractual damages beyond what the policy contemplates. The discussion will focus on replacement cost value and actual cost value provisions that insureds try to avoid when they are “underpaid.” Jennifer and Lisa also will discuss the use of the prevention doctrine and some strategies to address its use.

Thursday, May 29, 1–2 pm ET
Optimizing Risk Transfer: The Effective Use of Contractual Indemnity and Additional Insurance 
Eric Cheng, Katherine Tammaro, Jane Young, Richard Bortnick

This presentation explores risk transfer techniques – contractual indemnity and additional insureds. The team will address how best to optimize the avenues for successful risk transfer, including identifying what you need, the parties to target, the differences or potential similarities between contractual indemnity and additional insurance, and working with defense and coverage counsel.