Event

Pre-Suit: What Are the Policyholder’s and Insurer’s Duties Pre-Suit, Including the Duty to Defend?

On February 23, 2019, Seth Lamden participated in the panel “Pre-Suit: What Are the Policyholder’s and Insurer’s Duties Pre-Suit, Including the Duty to Defend?” at the 27th Annual Insurance Coverage Litigation Midyear Conference.  The panel discussion covered the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

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