PODCAST · education
Coverage Counsel Is In
by Robert Sallander
A weekly podcast for insurance professionals on interesting coverage issues of importance.
Episodes
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CCII 45 - ClaimsXChange Presentation: Preserving Evidence - The Intent to Deprive
Recorded Live at ClaimsXChange in Nashville on April 30, 2025. Joshua Gilliland spoke on Preserving Evidence – The Intent to Deprive with James Daley from Consilio and W. Brett Mason, Esq., from Degan, Blanchard & Nash. The seminar covered the Intent to Deprive under Federal Rule of Civil…
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CCII 44- Trial Admissibility at the SCCBA Civil Practice Committee Seminar
Join Bob Sallander for this except from the Trial Admissibility seminar hosted by the Santa Clara County Bar Association's Civil Practice Committee. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more...
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CCII Episode 43 - Trial Admissibility Seminar - Discussion of Odom v. L.A. Community College District
Robert Sallander presented at the Santa Clara County Bar Association's Civil Practice Committee's seminar on Trial Admissibility on April 24, 2025. The following is an except from that presentation where Bob discussed the Court of Appeal decision Odom v. L.A. Community College District. Stay tune...
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Episode 42 - Analysis of California Insurance Bulletin 2025-7
California Insurance Bulletin 2025-7 states the position that recent case law does not remove coverage for smoke damage claims. Bob Sallander is highly critical of the bulletin from the office of Insurance Commissioner Ricardo Lara, explaining that Bulletin 2025-7 misstates both Another Planet...
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Episode 41 - Eaton Fire Litigation Against Southern California Edison
Robert Sallander discusses the complex litigation against Southern California Edison for the Eaton Wildfire brought by over 100 insurance companies in Los Angeles Superior Court. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And...
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Episode 40. Insurance Litigation in Federal Court
This week, Bob discusses a recent Ninth Circuit decision that could greatly affect insurance suits resulting from the LA wildfires. Learn why insureds might be in trouble if their cases get removed to federal court. Have a topic you'd like Bob to cover? Submit it to [email protected], or…
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Episode 39. Coverage Position Letters
Coverage Position Letters (CPLs) are supposed to be straightforward and informative letters about why a claim may not be covered. But Bob has noticed that these letters are often overbroad, throwing in everything but the kitchen sink. Actually, a lot of them probably throw that in too, because…
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Episode 38. LA Wildfires: Smoke, Ash, and Soot Damage
In our discussions of the LA wildfires, we’ve talked a lot about homes that were destroyed by burning. But what about those impacted by smoke and ash? This week, Bob discusses Gharibian vs. Wawanesa Gen. Ins. Company, a recent case addressing this issue, and how to stand the best chance of being...
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Episode 37. Selection of Counsel
The LA Department of Water and Power is spending a pretty penny on a law firm to defend them against litigation resulting from the Palisades Fire. The price tag of the firm made Bob wonder: Was any insurance agency involved in selecting the firm? This week, he uses that framework to discuss...
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Episode 36. Avoidable Mistakes
This week, Bob continues his discussion of the LA Wildfires, providing a case example that demonstrates mistakes that can be made by both insurers and insureds around policy limits and claims adjustments. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob...
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Episode 35. Parkinson's Law
This week, Bob discusses Parkinson’s Law, the notion that work expands to fill the time available to complete it. He gives advice on how to avoid this phenomenon and get work done before your deadlines. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob...
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Episode 34. Attorneys as Witnesses
In this week’s episode, Bob discusses why it’s best to avoid attorneys as expert witnesses in coverage cases in light of recent court decisions in Sheehy v. Chicago Title Insurance Company and Brand v. 20th Century Insurance Company. Have a topic you'd like Bob to cover? Submit it to...
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Episode 33. LA Wildfires: When to File a Claim
The LA wildfires have caused an estimated $20-30 billion in losses so far. We know homeowners are reeling, and wanted to provide some more advice on what to do if your home was lost or damaged in the fires. This week, Bob focuses on when you should file a claim, emphasizing that earlier is better...
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Episode 32. LA Wildfire Insurance Tips
This week, Spencer Sallander fills in for Bob to discuss a topic that is literally close to home for him: The LA Wildfires. All of us at GPSL have been devastated to see the destruction caused by the fires in Los Angeles. Our hearts are with our friends, family, and colleagues who have lost so…
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Episode 31. AI and Insurance
AI is clearly on the rise. But before we all bow down to our new robot overlords, it’s important to question how they work in different industries. This week, Bob dives into the use of AI in insurance coverage analyses, and where it can go wrong. From increasing cost to increasing biases, he...
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Episode 30. Hot Topics 2025
Bob welcomes in the new year with 8 hot topics he thinks will shape liability insurance coverage issues over the next year: Cyber liability, environmental and climate change liability, AI, D&O liability, the gig economy, telehealth, emerging technology, and litigation funding and the expansion of...
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Episode 29. Christmas Coverage
Robert Sallander gives a very special reading of ‘Twas the Night Before Christmas… with an insurance twist. See what happens when Santa deals damage to the roof and gets served by an elfen attorney. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob...
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Episode 28. Arbitration
To arbitrate, or not to arbitrate—that is the question. When it comes to insurance contracts, arbitration used to be the norm. But we're seeing more and more challenges to arbitration clauses. Listen to Bob’s advice on how to analyze the enforceability of arbitration clauses, so you don’t beat…
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Episode 27. Damages
Let’s talk turkey. No, not the deep-fried kind we talked about a couple of weeks ago. We mean money. Specifically, damages. In this week’s episode, Bob discusses damages in insurance cases, with a focus on medical expenses. Listen to learn more about how California law, the collateral source…
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Episode 26. Extrinsic Evidence in Policy Interpretation
Insurance policies aren’t always beacons of clarity. Industry jargon and technical terms can make them murky and ambiguous. This week, Robert Sallander discusses how to use extrinsic evidence- like industry custom and practice- to interpret insurance policies. Have a topic you'd like Bob to…
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Episode 25. Fowl Play (Thanksgiving 2024)
Thanksgiving is the peak day for home cooking fires, seeing over 3x the daily average from the rest of the year. And the majority of those fires are caused by deep frying turkeys. This week, Bob discusses what happens with your homeowner’s insurance if your house is damaged in a turkey explosion....
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Episode 24. Insurance Contracts
In this week’s episode, Bob chats about how contracts principles are used to interpret insurance contracts. Learn how to spot ambiguities and build effective arguments for your interpretation. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on...
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Episode 23. Judicial Politicization
Everyone wants to know if they have a good judge. Meaning, "Is the judge inclined to see the case the way I see it?" Robert Sallander gives a timely, post-election discussion on the politicization of the judiciary and how advocates can effectively respond. Have a topic you'd like Bob to cover?...
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Episode 22. Jury Selection
In this week's episode, Robert Sallander shares his strategies for jury selection- Or, as he puts it, "jury de-selection." Bob pulls from his recent experience presenting with the Santa Clara County Bar Association, where he got insight from several judges on when voir dire crosses the line into...
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Episode 21. Litigation Budgets
A request for a litigation budget strikes terror into any lawyer’s heart. So many questions. So many unknowns. Litigation is so uncertain. And no one has taught you to create a budget. What’s a lawyer to do? In this episode of Coverage Counsel Is In, Robert Sallander explains that litigation...
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Episode 20. Chronologies vs. Fallacies
Developing an accurate timeline of events is an essential tool in evaluating causation, demonstrating alternative causes of harm, and defeating the logical fallacy that harm was caused by a prior event (ad hoc ergo propter hoc). In this episode of Coverage Counsel Is In, Robert Sallander provides...
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Episode 19. Jury Instructions
In this episode of Coverage Counsel Is in, Robert Sallander discusses the importance of drafting jury instructions at the beginning of a case, and using them as a checklist for designing and implementing your litigation plan for maximum efficiency and effectiveness. Learn more about GPSL. Have a...
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Episode 18. Motions in Limine
In this episode of Coverage Counsel Is In, Robert Sallander discusses effective use of evidentiary motions in limine, traps for the unwary, and tips for making MILs that win. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if...
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Episode 17. Don't Tell Me the Facts, Tell Me What I Can Prove
In this episode of Coverage Counsel Is In, Robert Sallander discusses the impact of the Rules of Evidence on analyzing an insurer’s duty to defend. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more…
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Coverage Counsel Is In Ep. 16
Gary wants to offer himself as an expert witness. What should he know? Robert Sallander addresses fundamentals for expert witnesses in this episode of Coverage Counsel Is In. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if...
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Coverage Counsel Is In Ep. 15
While testifying before Congress on December 5 2023, the presidents of Harvard, University of Pennsylvania, and MIT violated at least three basic rules for witnesses discussed in Coverage Counsel Is In, Episode 15. Why they violated them is a mystery, but the fallout is not. Robert Sallander...
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Coverage Counsel Is In Ep. 14
Company witnesses, including experienced claim professionals, are nervous about giving testimony under oath in deposition. In this episode, Robert Sallander puts the deposition process in perspective and demonstrates that the witness, when properly prepared, need not fear. Have a topic you'd like...
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Coverage Counsel Is In - Ep. 13
Opening statement or opening argument? In this episode of Coverage Counsel Is In, Robert Sallander will prove to you that an opening is argument and an excellent and foundational opportunity to connect with a jury in a way that helps them like you, trust you, and want to find in your favor. Have…
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Coverage Counsel Is In, Ep. 12
"I represent a corporation and am afraid I can't get a fair trial." Part 2. As a follow up to Coverage Counsel Is In, Ep. 11, Robert Sallander provides insightful practice pointers for jury selection voir dire. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect…
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Coverage Counsel Is In, Ep. 11
"I represent a corporation and am afraid I can't get a fair trial." Robert Sallander challenges the notion that for corporate defendants, including insurance companies, the deck is stacked at trial and discusses jury selection and voir dire techniques to help identify a level playing field. Have…
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Coverage Counsel Is In Episode 10
Discovery issues in insurance litigation. In this episode, Robert Sallander interviews Joshua Gilliland, an e-discovery expert, about discovery issues unique to insurance litigation and useful strategies for counsel and parties on both sides of the case. Have a topic you'd like Bob to cover?…
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Coverage Counsel Is In Episode 9
Robert Sallander explains how an insured may be able to tap into reinsurance where the direct insurer has become insolvent. This is important information for corporate risk managers. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn....
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Coverage Counsel Is In Episode 8
In this episode, at a listener's request, Robert Sallander builds on the recommendations in Episode 7 about best practices for reading and analyzing an insurance policy by providing some embarrassing examples of what can happen when those recommendation are not followed. Have a topic you'd like…
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Coverage Counsel Is In Episode 7
Robert Sallander provides tips on the best approach to reading and analyzing an insurance policy to avoid confusion. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more about GPSL, check out our website....
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Coverage Counsel Is In Episode 6
Robert Sallander discusses the use of expert witness testimony in cases involving insurance bad faith and traps for the unwary in choosing, preparing and designating experts Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if...
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Coverage Counsel Is In Episode 5
Robert Sallander discusses application of insurance policy self-insured retentions to the insurer's duty to defend. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more about GPSL, check out our website....
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Coverage Counsel Is In Ep. 4
Robert Sallander discusses liability exposure insurers may have under state Unfair Competition Laws. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more about GPSL, check out our website. You can also…
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Coverage Counsel Is In Episode 3
Robert Sallander discusses an insurer's duty to settle a liability lawsuit. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more about GPSL, check out our website. You can also find us on LinkedIn, X, and...
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Coverage Counsel Is In Episode 2
Robert Sallander explains the difference between insurance subrogation and insurance contribution. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if you'd like to know more about GPSL, check out our website. You can also find...
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Coverage Counsel Is In Episode 1
Robert Sallander discusses the purpose and effect of an "ongoing operations" limitation in an additional insured endorsement in the construction defect insurance context. Have a topic you'd like Bob to cover? Submit it to [email protected], or connect with Bob directly on LinkedIn. And if…
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ABOUT THIS SHOW
A weekly podcast for insurance professionals on interesting coverage issues of importance.
HOSTED BY
Robert Sallander
CATEGORIES
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