Duty to Defend in Litigation: Strategic Insights for Policyholders and Insurers

Adrian C. Azer | Haynes Boone

Adrian C. Azer is a partner and the Washington, D.C. office managing partner at Haynes Boone, where he exclusively represents corporate policyholders in complex insurance coverage matters. Clients turn to him for insurance recovery involving cybersecurity breaches and mass tort claims, general liability disputes over toxic tort and environmental exposures, directors and officers coverage, and bankers professional liability matters. He has represented public and private companies, non-profit entities, and government contractors, litigating against insurers in state and federal courts nationwide and in arbitration. Drawing on seven years as a bankruptcy litigator, he is skilled at insurance issues arising within bankruptcy proceedings, and he represents the Boy Scouts of America in coverage for claims of alleged sexual abuse.

• Education & Credentials

Adrian earned his J.D. from the University of Miami School of Law in 2003, graduating magna cum laude, after completing a B.A. with honors at Emory University in 2000. He is admitted to practice in Georgia, Texas, and the District of Columbia.

• Recognition & Leadership

Adrian is recognized by Chambers USA in Insurance: Policyholder for the District of Columbia in 2026, has been listed in The Best Lawyers in America for Insurance Law from 2023 through 2026, and was recognized by The Legal 500 U.S. in 2025. He also serves as the managing partner of the firm’s Washington, D.C. office.

• Professional Involvement

Adrian writes frequently on insurance topics, and his articles on cyber insurance have been published in Inside Counsel magazine and in Law360. He has also appeared as a panelist on “PFAS, The Forever Chemical” for the International Institute for Conflict Prevention & Resolution in 2023.

• Experience

Adrian represented a Fortune 100 company against nearly 60 insurers over coverage for asbestos- and silica-related bodily injury claims, securing numerous favorable rulings, and he represents an industrial client in JAMS arbitration over long-tail asbestos liabilities and related state court litigation. He has handled environmental insurance coverage litigation for a Fortune 100 company across multiple jurisdictions, pursued D&O coverage for a non-profit entity facing a government investigation that resolved in a favorable settlement, and obtained ongoing defense cost payments for a broker-dealer pursuing D&O coverage for third-party claims.

Kevin V. Small | Hunton

Kevin V. Small is a partner at Hunton Andrews Kurth in New York and a commercial litigator focused on insurance coverage disputes on behalf of policyholders. His background as a former insurance broker and advisor gives him a deep understanding of the industry across a broad range of policies, and he regularly represents clients on claims involving commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also helps clients recover under surety bonds and handles professional liability matters such as insurance broker malpractice. Kevin writes extensively on insurance coverage, presents to industry professionals, has been quoted in prominent publications, and contributes to the firm’s Insurance Recovery Blog.

• Education & Credentials

Kevin received his J.D. from Seton Hall University School of Law in 2013, where he served as Executive Editor of the Seton Hall Circuit Review, and he earned a BBA in Risk Management and Insurance from Temple University, magna cum laude, in 2005. He is admitted in New Jersey and New York.

• Recognition & Leadership

Kevin has been named “One to Watch” for Commercial Litigation in 2026 and for Insurance Law from 2024 through 2026 by The Best Lawyers in America, selected as a Super Lawyer for Insurance Coverage Law by The New York Times Magazine in 2025, and recognized as a Rising Star from 2020 through 2023. He serves as a member of the RIMS New York Chapter Board of Directors.

• Professional Involvement

Kevin is the insurance liaison for the ABA Business Law Section’s D&O Liability Committee and a board member of the Lideres Board at LatinoJustice PRLDEF. He contributes to the Hunton Insurance Recovery Blog and writes frequently for the New York Law Journal, Law360, and Reuters.

• Experience

Kevin recently helped clients recover over $150 million in insurance proceeds and represents an international luxury hotel developer in ICDR proceedings seeking more than $40 million in property damage and lost profits. He advises clients on recovery for cyber incidents, including breach response costs, lost profits, and defense costs from third-party litigation and government investigations, represents a major petroleum refiner in a coverage dispute and bad faith claim over general liability policies, and spoke on “Duty to Defend in Litigation: Strategic Insights for Policyholders and Insurers” for myLawCLE in 2025.

Joshua D. Weinberg | Ruggeri Parks Weinberg LLP

Joshua focus his practice at the forefront of representing insurers in mass tort bankruptcy cases, ranging from asbestos, talc, and product liability matters to sexual abuse cases. He has led the bankruptcy representation of insurers in high-profile cases, including In re USA Gymnastics. Beyond traditional bankruptcy proceedings, Josh has extensive experience in state court analogs to bankruptcy, representing insurers in receivership proceedings, including dissolution and contribution bar litigation, and advising on state insurance insolvency, rehabilitation, and liquidation. He also maintains an active insurance and commercial litigation practice, handling high-stakes coverage disputes in state and federal courts nationwide, both defending insurers against coverage claims and pursuing contribution and subrogation.

• Education & Credentials

Josh earned his J.D. from Columbia University School of Law in 1997, where he served as managing editor of the Columbia Law Review, after completing a B.A. magna cum laude at the University of Pennsylvania in 1994. He is admitted in the District of Columbia and New York, and before numerous federal district courts and the U.S. Courts of Appeals for the D.C., First, and Sixth Circuits.

• Recognition & Leadership

Josh is ranked by Chambers USA in Insurance: Insurer for the District of Columbia for 2025 and 2026, listed in the Lawdragon 500 Leading Global Bankruptcy and Restructuring Lawyers for 2026, and recognized as a Washington, D.C. Super Lawyer from 2023 through 2026. He co-founded Ruggeri Parks Weinberg LLP in 2022.

• Professional Involvement

Josh is a member of the American Bankruptcy Institute and a frequent speaker on insurance coverage, including at the ABA Insurance Coverage Litigation Committee CLE Seminar. Earlier in his career he practiced at Wilmer, Cutler & Pickering LLP and was a partner at Hogan & Hartson LLP.

• Experience

Josh represents debtors and creditors across all phases of complex chapter 7 and chapter 11 proceedings, handling contested claim allowance and estimation hearings, automatic stay litigation, DIP financing and cash collateral practice, Rule 2004 discovery, plan drafting and confirmation battles, Section 363(f) free-and-clear sales, and the prosecution and defense of avoidance actions. He has tried state court receivership matters and represents insurers in coverage disputes nationwide. Immediately after law school, he clerked for the Honorable Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit.

SESSION 1: Duty to defend | 1:00pm – 1:15pm

Separates the duty to defend from the duty to indemnify, traces its common law origins and modern commercial interpretation, and explains why the obligation carries decisive strategic weight in the earliest stages of litigation.

SESSION 2: When the duty is triggered: Legal framework and jurisdictional variations | 1:15pm – 1:30pm

Works through the eight corners and four corners rules, the use of extrinsic evidence to trigger or deny a defense, and how policy wording, endorsements, and insurer-friendly or policyholder-friendly jurisdictions shift the analysis.

SESSION 3: Reservation of rights and strategic implications | 1:30pm – 1:45pm

Covers structuring effective reservation of rights letters, when and how to disclaim coverage, the effect of reservations on defense control and conflicts, and insurer attempts to recover defense costs through reimbursement.

SESSION 4: Conflicts, Cumis counsel, and control of defense | 1:45pm – 2:00pm

Manages the tripartite relationship among insurer, insured, and the defense, identifies when independent representation becomes required or advisable, and weighs the ethical and strategic risks of defending under a reservation, including rate and cost-sharing disputes.

BREAK | 2:00pm – 2:10pm

SESSION 5: Litigation risks for breach of duty to defend | 2:10pm – 2:25pm

Examines bad faith exposure for wrongful denial, the damages insureds recover including attorney fees and settlement costs, estoppel and preclusion arising from breach, and the key case law trends shaping outcomes across jurisdictions.

SESSION 6: Navigating complex claims and emerging trends | 2:25pm – 2:40pm

Handles mixed claims with both covered and uncovered allegations, multijurisdictional and cross-border questions, defense duties in cyber, privacy, and environmental claims, and the rise of AI and automated methods for claims handling and defense triggers.