If pop-ups are blocked for the website, please allow them in your browser and restart the course. Continue the course from the new tab, and do not close this tab until you have completed the course.
The course “Advanced Duty to Defend” is designed to enhance the student’s knowledge, understanding, and professional competence in the legal and claims handling aspects of situations that involve particularly difficult questions regarding the duty to defend an insured. The module is presented by Dawn Gonzalez, a partner with the law firm of Baugh Dalton Carlson & Ryan; John Buckley, a legal services manager at Western National Mutual; and David Anderson, a partner at Hoke LLC.
The presenters begin by covering what triggers the duty to defend in a typical third-party lawsuit, emphasizing the eight-corners rule. Next, the presenters share their insights about reservation of rights letters and the best practices when drafting such letters. The presenters then speak extensively regarding independent counsel (“Cumis counsel”), covering such topics as when independent counsel is required and how to work out billing arrangements. The presenters further discuss unique privilege issues when independent counsel is required. Finally, the presenters cover situations in which multiple carriers are involved, and the length and scope of a carrier’s duty.
After completing the course, the viewer should be able to…
explain what triggers the duty to defend; define the eight-corners rule; be aware of when extrinsic evidence might be relevant in the analysis; write high quality reservations of rights letters; recognize situations when independent counsel is required; be equipped to negotiate with independent counsel regarding billing rates and hours worked; know the rules of privilege when independent counsel is present; define the tripartite relationship; parse the payment duties of all insurers when multiple carriers are involved in a claim; list the situations in which the insured might have to contribute to its own duty to defend; and delineate the length and scope of a carrier’s duty to defend in certain situations, for example where a counterclaim or appeal is involved.
The course is designed for practitioners and insurance professionals working in the area of third-party casualty insurance coverage and litigation.
What CE Credit is available?
Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.
State:
|
Adjuster General CE Hours:
|
Adjuster Ethics CE Hours:
|
Attorney General CLE Hours:
|
State's Course ID:
|
NH | 2.0 | 475227 | ||
TX (classroom equivalent) | 2.0 | 138080 | ||
NC | 2.0 | C99944 | ||
FL * ( Provider Number: 364169 ) | 1203068 | |||
IL | 2.0 | 485496 | ||
WY | 2.0 | 36203 | ||
OK | 2.0 | 1025770 |
* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.
Course Content
At 87% you qualify for TX/NH credit or a PLRB/CPCU certificate. For the other states offered, you must complete a final exam. Submit within 5 days to get CE Credit or Certificate of Completion.