Willkie Practitioner Handbook Series
Insurance Recovery Litigation: Key Topics and Considerations is a practical guide for policyholders and coverage counsel navigating disputes with insurers—from pre-litigation strategy through trial and recovery.
Part One: Pre-Litigation Strategy and Coverage Triggers. The Handbook begins with the foundational steps that precede coverage litigation. It addresses notice-of-claim requirements—including compliance with policy provisions on form, timing, content, and delivery—and surveys the evolving judicial approaches to late notice defenses, from strict forfeiture rules to prejudice-based standards. It then examines the insurer's duty to defend and duty to indemnify, the insured's corresponding obligations, reservation-of-rights letters, and the insurer's coverage denial and its consequences.
Part Two: Coverage Litigation Between Insurer and Insured. The Handbook addresses the contested coverage action itself, including choice-of-law principles in insurance disputes, policyholder claims against insurers, and insurer claims against policyholders—including subrogation and reimbursement actions. It also covers third-party insurance recovery and provides practical guidance on discovery in coverage litigation, including Rule 26(a) initial disclosures and the scope of discovery for policy materials and claims files. The Handbook concludes with an analysis of damages in insurance coverage disputes and the equitable remedies available to policyholders.
Read the full handbook here.
