Duty to Defend: The Eight-Corners Rule and Extrinsic Evidence (Does the Wording of the Policy Change the Rules?)

Location

Chicago Athletic Association
12 South Michigan Avenue
Chicago, IL 60603


Date & Time

Start Date: 05/08/2019
Start Time: 8:30 am ET
End Date: 05/10/2019
End Time: 9:30 pm ET

 

Jodi McDougall will present at the American College of Coverage Counsel's 7th Annual Meeting in Chicago, IL. Her presentation is titled, "Duty to Defend: The Eight-Corners Rule and Extrinsic Evidence (Does the Wording of the Policy Change the Rules?)" and will examine the well-established rules governing the duty to defend and whether an insurer can contract around them, looking to recent changes to policy language regarding defense in CGL policies. She will be presenting alongside Mike Huddleston of Munsch Hardt Kopf & Harr, PC.

 

The discussion will include consideration of whether the duty to defend is a creature of contract interpretation or controlled by extrinsic common law principles. For example, does the absence of “even if groundless, false or fraudulent” matter? Is the admissibility of extrinsic evidence to determine the duty to defend affected by policy language? Does it open the door to insurers submitting extrinsic evidence in jurisdictions that allow only the policyholder to trigger a duty with extrinsic evidence?

 

For more information on the event, click here




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Attorneys

Jodi McDougall

Regional Manager, Global Insurance Department – West

jmcdougall@cozen.com

(206) 373-7233

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