Jeff Bolender frequently writes and lectures for other attorneys and industry groups, having been published by notable associations such as the Defense Research Institute, the South Bay Bar Association, and the Construction Law Section of the State Bar of Nevada. Mr. Bolender has also prepared and presented on behalf of the Nevada State Bar, including a breakout session for the Insurance and Health Law Section at the 2010 Annual Meeting of the State Bar of Nevada. Click on the articles below to view a PDF version.
Seminar Slideshow – Inn of Court Presentation (Part 1)
These slides (the first of two parts) were created by Jeff Bolender and presented by Pupilage Group 6 of the Benjamin Aranda III chapter of the American Inns of Court. The presentation concerned mediation in California including its roots in the California frontier, the compelling need for mediation in light of deep budget cuts in the judicial system, the differing styles of mediation and mediators, and the rules governing mediation in California.
Seminar Slideshow – Inn of Court Presentation (Part 2)
These slides (the second of two two parts) were created by Jeff Bolender and presented by Pupilage Group 6 of the Benjamin Aranda III chapter of the American Inns of Court. The presentation concerned mediation in California including its roots in the California frontier, the compelling need for mediation in light of deep budget cuts in the judicial system, the differing styles of mediation and mediators, and the rules governing mediation in California. These slides, part two, involve a skit put on by six members of the group concerning a “mediation gone bad.” A soundtrack accompanied the slides utilizing sound effects, tv theme show tunes, etc. to add humor and effect.
A Practical Guide to Reading & Understanding Liability Insurance Policies
This seminar booklet provides an introduction to reading, understanding, and analyzing a common form of liability insurance: a Commercial General Liability Coverage Form, aka a “CGL policy.” Based on nearly two decades of direct experience, including the drafting of over 1,000 coverage opinions, Mr. Bolender outlines a five-step process to spotting issues and organizing the analysis of coverage issues arising from a slip-and-fall incident.
Nevada Adopts the Cumis Requirement: History, Analysis, and Conflict Resolution
The Cumis requirement is now a reality under Nevada law. This article and seminar booklet, authored by Mr. Bolender in January 2013, describes the development of case and statutory law in California and Nevada governing conflicts of interest on the part of insurance carrier-retained defense counsel when the defending carrier reserves its rights to deny coverage.
Social Media: Ethics In A Changing World
Mr. Bolender, along with other members of his pupilage group, created and presented this slide show at the April 2012 meeting of the Inns of Court – Benjamin Aranda III. The presentation and panel discussion explored California’s Rules of Professional Responsibility as they relate to emerging forms of social media, including issues such as attorney advertising, client confidentiality, attorney chat rooms, internet based litigation research and investigation, etc.
Meeting the Challenges of Raising Insurance at Mediation
This article was published by the Defense Research Institute’s In-House Quarterly in the Fall of 2010. In it, Mr. Bolender discusses the challenges faced by liability insurance carriers when they raise coverage issues at the mediation of a large loss lawsuit against a policyholder.
Demands for Independent Counsel: History, Analysis, and Strategies for Managing Disputes
Mr. Bolender submitted this booklet in conjunction with his first of many seminars on the important issue of Cumis counsel (also known as independent counsel) at Nautilus Insurance Company in 2006. It deals with the common “conflict of interest” situation in which a liability insurance carrier agrees to furnish a defense to its policyholder by hiring its own defense counsel, while reserves the right of the insurance carrier to deny coverage for settlements or judgments.
Hot Topics in Construction Defect Litigation and Related Insurance Coverage Issues
Mr. Bolender presented this article in conjunction with a presentation sponsored by the the Nevada State Bar’s Construction Law Section. The article describes various types of construction related insurance products, along with specific insurance issues arising in the context of litigation over construction defects in commercial and residential property.
The Fun Never Ends – Key Insurance Coverage Developments From 2009 – 2010
Mr. Bolender presented this article, along with a live presentation, at the Defense Research Institute’s 2010 Annual Meeting of the Construction Law Section. The article outline key case law developments throughout the United States during the 2009 to 2010 period regarding construction related insurance issues, primarily issues arising from commercial general liability insurance.
The ABC’s of Analyzing a Liability Insurance Policy?
Mr. Bolender presented this booklet in conjunction with a breakout presentation at the Nevada State Bar’s 2010 Annual Meeting held in Monterey, California. The breakout session was sponsored by the Nevada State Bar’s Insurance and Health Law Section. The purpose of the breakout session and booklet was to provide an overview of the five steps in analyzing a liability insurance policy.
Brown Bag Luncheon: Insurance Products, Policy Analysis, and the Duty to Defend
This seminar booklet was authored by Mr. Bolender and submitted in conjunction with two brown bag luncheons sponsored in Reno and Las Vegas by the Nevada State Bar’s Construction Law Section in 2009. The booklet and seminar explore and discuss construction related insurance products and insurance law issues relating to construction defect litigation.
Multiple Insurer Disputes: Recovering Other Insurance
In this 2007 newsletter Mr. Bolender discusses a common yet complex situation in which multiple liability insurance policies contain conflicting “other insurance” clauses. Mr. Bolender explains the different categories of “other insurance” clauses, as well as the various methods of equitable allocation between insurance carriers on the same risk.
In-House Seminar: Who Is An Insured?
Mr. Bolender authored and submitted this seminar booklet in conjunction with an in-house seminar for an excess surplus lines insurance carrier in 2006. It explores of often complex issue as to when a person or entity qualifies as an insured under a liability policy issued to another person or entity.
Property Damage Claims: Distinguishing Between Tangible & Intangible Property
Bolender & Associates presented this newsletter in 2007 in which Mr. Bolender discusses the distinction between tangible and intangible property in the context of liability insurance coverage for “property damage,” as defined in commercial general liability insurance policies.
In-House Seminar: Business Risks Exclusions
Mr. Bolender submitted this booklet in conjunction with an in-house seminar at Nautilus Insurance Company. In the booklet and seminar, Mr. Bolender discussed the various types of exclusionary provisions in commercial general liability policies that seek to eliminate coverage for an insured’s faulty workmanship.
Occurrence In Construction Defects Claims
This slide show presentation portrays Mr. Bolender’s contribution to a webinar in April 2012 regarding the interpretation and application of courts nationally to the “occurrence” requirement in the context of litigation over construction defects in commercial and residential property. One of three panelists, Mr. Bolender presented the insurance carrier’s perspective on whether commercial general liability insurance is intended to coverage construction defect claims.
Coverage B: Defamatory and Injurious Falsehood Torts
Bolender & Associates created this newsletter in 2004, which discusses the availability of liability insurance coverage for injurious falsehood and related torts, such as defamation, libel, slander, business libel, slander of title, etc.
General Liability Insurance: Professional Services Exclusion
Bolender & Associates prepared this newsletter in 2005 in which Mr. Bolender discusses the scope of exclusionary provisions in commercial general liability policies for losses arising from the rendering of, or failure to render, professional services.
In-House Seminar: Employee or Contractor?
Mr. Bolender submitted this seminar booklet in conjunction with an in-house seminar for Nautilus Insurance Company in 2004. The booklet and presentation discussed the complex issue as to whether an injured claimant is an employee of the responsible party, or merely an independent contractor. This issue has profound implication, because employers often fail to obtain workers compensation coverage, and therefore their injured employees seek coverage under their employer’s liability insurance claiming to be contractors, not employees.
Additional Insured Seminar
Mr. Bolender prepared this booklet in conjunction with an in-house seminar for Nautilus Insurance Company. It explores the often complex issue as to the scope of coverage under standard and non-standard additional insured endorsements.