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Insurance coverage litigation may, by some, be considered a last resort.  That is, a process to enter into when all other avenues of settlement have failed.  In certain situations, however, insurers file early declaratory judgment actions.  In others, policyholders sue soon after receipt of a denial of coverage letter.  The timing, risks, and potential benefits of coverage litigation can vary significantly depending on a variety of considerations—all of which need to be evaluated when developing a litigation strategy. 

The stakes can be high for both insurers and policyholders, and the perspectives on litigation from both the insurer and policyholder perspectives are seldom discussed together.  Here, two insurance coverage litigation adversaries candidly discuss what factors and considerations should go into insurance coverage litigation.

Please join Mark E. Miller, of Miller Friel, PLLC (addressing the policyholder perspective) and Deborah L. Stein of Simpson Thacher & Bartlett LLP (addressing the insurer perspective) as they discuss the following topics:

  • Pre-Litigation – what goes on prior to filing suit;
  • Filing a Complaint – what drives the decision;
  • Motions to Dismiss – valuable to both sides;
  • Discovery – using it effectively;
  • Summary Judgment – often a critical juncture;
  • Trial – best practices and perspectives.



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