Patrick Aul and Samantha Evans, of Cozen O'Connor's Global Insurance department, will present a webinar titled, Allocating Between Covered and Non-Covered Damages. When a complaint against an insured requests both covered and non-covered damages and results in a general verdict or settlement that fails to distinguish between the types of damages awarded, issues are created with respect to the burden of proof on the allocation between covered and non-covered damages in subsequent coverage litigation that can be outcome determinative. It is important , therefore, that insurers have an understanding of allocation to provide an overview of common allocation issues and guidance as to insurer best practices with regard to such issues.
The presenters will discuss:
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Which party generally bears the burden of distinguishing between covered and non-covered damages
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The circumstances under which the burden may be shifted from one party to the other
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The conduct that may preclude the burden from being shifted to the insurer
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The potential consequences for an insurer when the burden is shifted to it
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Best practices for insurers with regard to allocation of damages
This program is approved for 1 CE credit in TX, DE, FL, GA, and NC.
This program is approved for 1 CLE credit in PA, NY, CA, TX and (NJ/CT -through reciprocity.) All other CLE jurisdictions will be applied for upon request.