*Schedule and Speakers subject to change

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Wednesday, November 10, 2021

TimeProgram
6:30 p.m.Dine-Arounds

Electronic sign-up to be circulated closer to the seminar date. Contact Megan Ruesch at mruesch@lewiswagner.com for more information.

Thursday, November 11, 2021

TimeProgram
7:30 a.m.Registration and Continental Breakfast
8:40 a.m.Welcome and Introduction

Max J. Cohen, Lowe Stein Hoffman Allweiss & Hauver LLP, New Orleans, LA
Elaine M. Pohl, Plunkett Cooney PC, Bloomfield Hills, MI
8:45 a.m.The Times They Are a Changin: Effect of Changes to the Statutes of Limitations on Sexual Abuse Claims

Insurers are seeing a flood of new sexual abuse claims caused by the elimination or modification of the statute of limitations in many states for these types of claims. This presentation will discuss how insurers are responding to the issues presented by these claims, which may trigger multiple policies and raise questions of timely notice. It will also explore the various coverage issues that arise from these types of claims, including aggregation, allocation, and the fortuity doctrine, as well as issues related to replicating lost policies and the applicability of certain exclusions.

Sarah J. Delaney, Goldberg Segalla LLP, Buffalo, NY
Robert W. DiUbaldo, Carlton Fields PA, New York, NY
9:45 a.m.Emerging Additional Insured Issues

This session will provide an overview of judicial trends in interpretation and application of the 2004 revisions to the ISO-form additional insured endorsements, which shifted the threshold causation requirement from "arising out of" to "caused, in whole or in part, by." The session will address other emerging issues relative to the scope of additional insured coverage in light of the revised language, including the interplay with contractual indemnity and state anti-indemnity statutes.

Charles A. Hafner, Nicolaides Fink Thorpe Michaelides Sullivan LLP, Chicago, IL
10:30 a.m.Refreshment Break
10:55 a.m.Permissive Use in Auto Liability Claims

This presentation will address the thorny issues that can arise when the driver of an auto claims he or she had the owner’s permission to operate the vehicle. For example, complicated coverage questions are presented when the driver is unlicensed or the driver’s license is suspended, or when the person given permission allows someone else to drive the vehicle. Complex issues also arise when the permissive user is an employee and claims to be driving in the course and scope of employment, especially in accidents involving employees driving their personal vehicle.

Natalie Blind, State Auto Insurance Companies, Columbus, OH
Rebecca E. Strickland, Swift Currie McGhee & Hiers LLP, Atlanta, GA
11:30 a.m.Handling a Squall: Navigating Triggers of Coverage in Property Damage Claims

Determining which insurance policy applies is not always straightforward. This presentation will explore different trigger theories along with allocation issues related to property damage claims, including those involving construction defect and environmental claims.

Steven E. Carr, Grange Insurance Company, Columbus, OH 
Ricardo A. Woods, Burr & Forman LLP, Mobile, LA
12:15 p.m.Lunch and Moderated Table Discussions
1:30 p.m.Choppy Waters: Managing Complex Business Interruption and Extra-Expense Claims

This presentation will explore complex business interruption and extra-expense claims. It will cover strategies on what to ask and when to ask for it, where documentation is likely located, and why certain information is necessary for effective loss adjustment. The program will also look at ways to detect fraudulent business interruption claims and how to spot and combat exaggerated extra-expense claims.

Reinhard Krestel, CPA, MDD Forensic Accountants, Chicago, IL
Steven E. Peiper, Hurwitz & Fine PC, Buffalo, NY
2:30 p.m.Insurance Implications from the Coronavirus/Pandemics – Plaintiffs' Efforts to Find Coverage and the Response of the Insurance Industry

COVID-19 has brought the world to a standstill. In its wake, COVID-19 has not only threatened the health of the global population, but it also has shaken the core of the global economy. COVID-19 has resulted in unprecedented business losses and unemployment, prompting the United States and other countries to propose stimulus packages totaling trillions of dollars to aid individuals and businesses in their effort to survive the economic impact of this virus. In turn, the insurance industry has found itself squarely in the sights of businesses, attorneys, and legislators in their efforts to recoup losses or to transfer all or some of the financial fallout from this catastrophe. The exposures arising from this global pandemic prompt an analysis of a myriad of insurance risks under a variety of products for first-party property and business interruption benefits, event cancellations, and liability claims. This presentation will explore the emergence of COVID-19 and its impact on insurance risks under multiple product lines and the status of litigation and legislation addressing those issues.

Daniel W. Gerber, Gerber Ciano Kelly Brady LLP, New York, NY
Paul S. White, Wilson Elser Moskowitz Edelman & Dicker LLP, Los Angeles, CA
3:15 p.m.Refreshment Break
3:40 p.m.Three Years Later: How Fares the ALI Insurance Restatement?

Two years after it was finally approved, the American Law Institute’s Restatement of Law, Liability Insurance remains an object of intense controversy, beset by legislative challenges and insurer opposition. This panel will focus on the provisions that remain controversial, the recent case law adopting and rejecting provisions of this Restatement, and its likely future.

Michael F. Aylward, Morrison Mahoney LLP, Boston, MA
Laura A. Foggan, Crowell & Moring LLP, Washington, DC
4:25 p.m.Closing Remarks and Networking Reception