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.

Live Video-Broadcast: July 17, 2024
Evaluating and Litigating Insurance Coverage: Unraveling insurance coverage ambiguities, leveraging extrinsic evidence in policy analysis

$195.00 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

Date / Time: July 17, 2024

  • 11:00 am – 1:10 pm Eastern
  • 10:00 am – 12:10 pm Central
  • 9:00 am – 11:10 am Mountain
  • 8:00 am – 10:10 am Pacific

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 | 11:00am – 12:00pm

  • How insurance policies are structured | 11:00am – 11:15am
  • Conditions under which an insurance company disclaims or issues a reservation of rights | 11:15am – 11:30am
  • The duty of assigned defense counsel to the insured and to the insurer | 11:30am – 11:45am
  • Examples of insurance litigation (dec and rescission actions) | 11:45am – 12:00pm

Break | 12:00pm – 12:10pm

Session II – Unraveling Insurance Coverage Ambiguities: Leveraging extrinsic evidence in policy analysis | 12:10pm – 1:10pm

  • Interpretation of Policy Language | 12:10pm – 12:25pm
  • Case Law and Precedents | 12:25pm – 12:40pm
  • Extrinsic Evidence Types | 12:40pm – 12:55pm
  • Resolution of Disputes | 12:55pm – 1:10pm