Stephanie Hibbert
Jody Benard
At Dodd DelCollo, we believe one of the most valuable services we offer to clients, carriers and claims professionals is clear, actionable information and education. That’s why we were thrilled to be invited by AXIS Capital to lead a specialized in-house seminar on a crucial litigation topic: risk transfer through tender demands.
Senior Counsel Stephanie Hibbert and Partner/New York Team Lead Jody Benard led a highly engaging presentation titled: “Tender Demands in Premises Liability. Let’s Discuss!”
The Core Goal: Shifting Defense and Indemnity Obligations
For claims professionals navigating matters in multiple jurisdictions—like those handled by the team at AXIS Capital—mastering risk transfer is pivotal to early resolution and ease of mind to policyholders. The presentation focused specifically on the process of enforcing defense and indemnity obligations to shift exposure to another defendant and/or third party.
The event, attended in person or virtually by over 40 claims professionals, provided a comprehensive look at this powerful risk transfer tool.
Key Takeaways for Claims Professionals
Stephanie structured the session to include both the substantive law and the practical, procedural steps necessary to execute a successful tender demand.
To lay a solid foundation, Stephanie first defined the critical terms that drive these negotiations: the “duty to indemnify/hold harmless” and the “duty to defend.” From there, the presentation moved into a practical discussion of the entire tender process, focusing on:
- Identifying the basis for making a tender demand (e.g., contract or insurance policy obligation).
- Practical strategies to develop a robust, defensible tender demand.
- The potential legal consequences of a wrongful refusal.
- Critically, the procedural options available to enforce a demand for defense and indemnification when it is initially refused.
An Engaging and Collaborative Session
The seminar was extremely well received. Attendees were highly engaged, asking intriguing questions that led to a dynamic, collaborative discussion.
We are grateful for the opportunity to present to the AXIS Capital team and for the excellent feedback we received, including kind words from Taneisha Ivory, our host, and Julie Weerth, Head of Claims for AXIS Capital, who commended our team for the valuable information, insights, and engaging session. As a panel firm for AXIS Capital, we value our ongoing relationship and look forward to providing additional informational and educational content in the future.
Partner with Dodd DelCollo for Your Legal Education Needs
Does your organization deal with complex or repetitive litigation and need expert guidance on topics like risk transfer, labor law actions, products liability, and/or or construction defect claims?
We would be delighted to bring an in-house presentation to your team.
Contact Ann DelCollo at adelcollo@dodddelcollo.com to explore topic ideas and schedule an event that benefits your claims professionals.
