Evaluating and Litigating Insurance Coverage: Unraveling insurance coverage ambiguities, leveraging extrinsic evidence in policy analysis

Dan Schiavetta
Dan Schiavetta
Russo & Gould LLP

Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals.

Tae Andrews
Tae Andrews
Pasich LLP

Tae Andrews is a counsel in the New York office of Pasich LLP. Tae has recovered hundreds of millions of dollars for corporate policyholders in coverage disputes with their insurance companies.

On-Demand: July 17, 2024

2 hour CLE

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Program Summary

Session I - Evaluating and Litigating Insurance Coverage: A beginner’s guide – Daniel Schiavetta

This one-hour presentation orients those new to the field to the various types of insurance, the parts of an insurance policy, how coverage is extended or disclaimed, typical coverage issues, and the various types of litigation that might result. Real policies will be shown and discussed along with examples of actual cases Dan has litigated. Insurance coverage is mostly a state law matter but elements and practices common to all states will be emphasized.

Key topics to be discussed:

  • How insurance policies are structured
  • Conditions under which an insurance company disclaims or issues a reservation of rights
  • The duty of assigned defense counsel to the insured and to the insurer
  • Examples of insurance litigation (dec and rescission actions)

Session II - Unraveling Insurance Coverage Ambiguities: Leveraging extrinsic evidence in policy analysis – Tae Andrews

This session covers understanding policy language including analyzing legal documents to understand their meaning. It also encompasses the past court decisions used to guide current rulings. Extrinsic evidence types include outside evidence like testimony to clarify document language, and the resolution of disputes as the process of settling conflicts through negotiation or legal action will be mentioned too.

Key topics to be discussed:

  • Interpretation of Policy Language
  • Case Law and Precedents
  • Extrinsic Evidence Types
  • Resolution of Disputes

Closed-captioning available

Speakers

Dan-Schiavetta,-Jr._Russo-&-Gould-LLP_myLawCLEDan Schiavetta | Russo & Gould LLP

Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals. For 20 years he defended the Catholic Church in sexual abuse cases and other matters. He also has wide experience in insurance coverage litigation, nursing home defense, and appellate practice. He is a 1992 graduate of the University of California, Davis School of Law where he was a law review editor and moot court judge. In his previous career as a social worker he was the director of a crisis center and 24-hour hotline. He is also the author of “The Supreme Court for Short Attention Spans: 2000 Tiny Case Summaries Too Short to Bore You”, available on Amazon.

 

Tae Andrews_myLawCLETae Andrews | Pasich LLP

Tae Andrews is a counsel in the New York office of Pasich LLP. Tae has recovered hundreds of millions of dollars for corporate policyholders in coverage disputes with their insurance companies. He has litigated in state and federal courts, representing clients in disputes under commercial general liability, directors and officers, commercial property, professional liability/errors and omissions, builder’s risk, and other types of insurance policies.

Tae also serves as the Editor-in-Chief for the firm’s New York Insurance Law Blog.

Tae graduated from the University of Michigan Law School. Before law school, Tae served as a Teach for America Corps Member.

Agenda

Session I – Evaluating and Litigating Insurance Coverage: A beginner’s guide | 2:00pm – 3:00pm

  • How insurance policies are structured | 2:00pm – 2:15pm
  • Conditions under which an insurance company disclaims or issues a reservation of rights | 2:15pm – 2:30pm
  • The duty of assigned defense counsel to the insured and to the insurer | 2:30pm – 2:45pm
  • Examples of insurance litigation (dec and rescission actions) | 2:45pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – Unraveling Insurance Coverage Ambiguities: Leveraging extrinsic evidence in policy analysis | 3:10pm – 4:10pm

  • Interpretation of Policy Language | 3:10pm – 3:25pm
  • Case Law and Precedents | 3:25pm – 3:40pm
  • Extrinsic Evidence Types | 3:40pm – 3:55pm
  • Resolution of Disputes | 3:55pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General Hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Approved for Self-Study Credits
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General Hours

Maryland

No MCLE Required
2 General Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Approved for CLE Credits
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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