This course, taught by Andrew
Illinois follows the minority rule and does not always require an additional insured to tender a lawsuit for which it desires a defense. Under certain circumstances, the named insured’s insurance carrier may become aware or learn that an additional insured endorsed on its named insured’s liability policy has been sued in the same lawsuit as the named insured. The result of having actual notice of the lawsuit against the additional insured is that the insurer’s duty to defend is triggered. Once this occurs, under the rule of actual notice, the insurer has an affirmative duty to contact the additional insured to determine whether the additional insured wants the insurer to defend or participate in its defense.
The insurer’s knowledge of these facts, and that the allegations in the plaintiff’s complaint potentially fall within the scope of coverage under its policy, can have a profound impact on how litigation expenses and costs are paid, so businesses and their counsel must be vigilant.
Both general counsel and in-house coverage counsel must ensure that the insurer has performed a simple review and comparison of the allegations in the plaintiff’s complaint and terms of the named insured’s liability policy, so as not to be caught unawares of its obligations. In the current climate of rising litigation costs, the defense provided to the additional insured can result in significant savings of expenses that the additional insured business can pass on to an insurer other than its own and avoid a detrimental effect on its future premiums. In addition to these considerations, this course will also explore how the doctrine of estoppel may come into play against an insurer that ignores the fact that it has actual notice of a lawsuit filed against an additional insured on its policy of insurance.
Andrew has over 29 years of experience representing insurance companies, corporations, municipalities, and individuals in declaratory judgment actions, contractual disputes, bad faith claims, and appeals in state and federal courts across the United States. In addition to insurance coverage, his emphasis is on construction defect litigation matters. He has successfully litigated Illinois cases of first impression applying the business risk and false pretense exclusions. He also has experience with general liability, professional liability, commercial auto, property, business owner’s, and homeowner’s policies.
Drew has been rated an AV® Preeminent™ lawyer by Martindale-Hubbell, representing the recognition of the highest level of professional excellence by his peers. In 2018, he was named a Leading Lawyer in Illinois in the areas of Insurance, Insurance Coverage, and Reinsurance Law.
After law school, Drew served as law clerk to the Hon. Edward J. Egan of the Illinois Appellate Court.
Publications and Presentations
Well done presentation.
Very well done.
I learned a tremendous amount. Excellent presentation.
The cases in the outline were helpful in following the lecture.
Brought home key points in coverage issues regarding additional insureds.
I rarely encounter insurance matters, but the speaker really was informative and clear.
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