Speakers
Alan Jacobus
Partner, Selvin Wraith Halman LLP
Tyler Gerking
Partner, Farella Braun + Martel LLP
While many California practitioners are familiar with the law governing an insurer’s duty to defend, the insurer’s duty to indemnify is less well understood. Our panelists will discuss (and debate) this area of insurance law, which governs any dispute concerning insurance coverage for a settlement or judgment. If the duty to indemnify is narrower than the duty to defend, how so? Who has the burden of proof on which issues, what showing is necessary, and how can that showing be rebutted? The panel will cover the relevant case law, and also discuss how decisions made in the underlying case may impact the policyholder’s ability to recover the cost of a settlement or judgment.
Who Should Attend and Why?- Defense counsel – to understand how characterization of settlement payments or drafting verdict forms may impact your client’s ability to recover insurance proceeds.
- Policyholder counsel – to understand the burden that the insured must satisfy to prove coverage for a settlement or judgment.
- Insurer-side counsel – to understand what defenses may be available to insurers when faced with a demand for indemnity.