Insurance Law

This is an experiential class based on a survey of liability and first party insurance coverage issues. The course will include a review of current and recurring issues in liability insurance, including commercial general liability insurance, professional liability insurance, directors and officers insurance, and umbrella and excess insurance. Within this context, coverage for subjects such as environmental claims, construction defect claims, and claims against corporate officers and directors for breach of fiduciary duty and mismanagement will be discussed. The course will also include a review of current and recurring issues under first party property policies. Within this general context, the course will also survey emerging insurance coverage issues, such as coverage for cyber liability claims and claims related to alleged climate change. To provide experiential learning, cases will be assigned in advance to be argued by teams of opposing counsel, one team representing the insurer and one team representing the insured. The class will be graded as follows: 10 percent based on class participation in arguing a pre-assigned case (this will be based on the substance of the argument and not on presentation skills); 40 percent based on a mid-term assignment to write a reservation of rights letter or coverage memorandum based on a written problem (which will include a self-evaluation component), and 50 percent on a one hour open book final exam.