*Schedule and Speakers subject to change

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Thursday, July 22, 2021

2:00 p.m.Welcome and Introduction
2:10 p.m.Proactive Approaches to Avoiding Unnecessary Litigation

Litigation can often be protracted and expensive. This presentation will discuss efforts carriers can take to be proactive with the goal of resolving matters pre-litigation or setting up the claim prior to litigation commencing. This includes effective issuance of tender letters, retention of experts, early settlement negotiations, and the use of early mediation.
3:10 p.m.Primary and Umbrella/Excess Carriers – Tension and Triumphs

When primary and excess carriers work together, they can often achieve better claim outcomes. This program will explore how carriers can work together, what duties they owe to each other, and when or if those duties may shift. It will also address when limits should be tendered, the effect of tendering limits, how different jurisdictions treat tenders in the context of the duty to defend, pre/post judgment interest issues, and dealing with disputes over coverage positions.
4:10 p.m.Preparing a 30(b)(6) Witness

The 30(b)(6) deposition can be a powerful tool utilized by policyholders in actions against insurance carriers. This presentation will discuss defending a 30(b)(6) witness in a bad faith deposition and provide strategies for limiting areas of inquiry concerning extraneous issues, such as other claims or suits
5:10 p.m.Adjourn
5:30 p.m.Women's Networking Reception
6:00 p.m.Registration and Networking Reception

Friday, July 23, 2021

7:00 a.m.Registration and Continental Breakfast
8:00 a.m.Welcome and Introduction
8:15 a.m.Avoiding Institutional Bad Faith

As more states enact bad faith statutes, hear what steps insurers can take to avoid potential claims for institutional bad faith and defend against arguments of systemic wrongdoing. Will also include discussion about the use by insurers of artificial intelligence, algorithms, predictive models, bots, etc. in the claim handling process and how that could lead to claims of disparate impact and institutional bad faith.
9:15 a.m.The Bad Faith Setup

This presentation will focus on identifying and protecting carriers against bad faith setups and how to handle common setups, such as time-limited demands and consent judgments.
10:15 a.m.Refreshment Break
10:45 a.m.Extra-Contractual Considerations for Eroding Limits Policies

What special bad faith considerations exist with ‘Defense Within Limits’ liability policies? How can insurers limit their potential bad faith exposure for claims arising out of these kinds of policies? What are some of the ethical issues or concerns these kinds of policies may raise for plaintiff’s and defense counsel?
11:45 a.m.Lunch
12:30-2:00 p.m.Community Service Activity

Details to follow
2:00 p.m.View from the Policyholder Side
3:00 p.m.Non-Traditional Theories for Obtaining Extra-Contractual Damages

This presentation will explore emerging theories beyond bad faith being used by policyholder lawyers to obtain extra-contractual damages, and how to defend against those new theories.
3:50 p.m.Break
4:00 p.m.Insurance Law Committee Meeting
5:00 p.m.Adjourn
6:00 p.m.Networking Reception
7:30 p.m.Dine-Arounds

Join colleagues and friends at selected restaurants for dinner (on your own). More details on-site.

Saturday, July 24, 2021

7:00 a.m.Registration and Continental Breakfast
9:00 a.m.Welcome and Introduction
9:10 a.m.Strategic Use of Experts in Bad Faith Cases

Two consulting and testifying experts in bad faith litigation will discuss key topics in using experts in bad faith cases, including helpful tips in finding experts, timing and procedures of retention, whether attorneys may be qualified as experts, Daubert motions, best practices in written reports, budgeting, documents for the expert to review, preparation for deposition and trial, and admissibility of scope of testimony.
10:10 a.m.Ethics Session

Attorney client privilege in the bad faith context and how it can be waived or eroded; recent case in Washington state involving an inadvertent disclosure by an adjuster and whether they had waived privilege regarding certain opinions of coverage counsel in a bad faith suit. Brandon advised that there are lots of cases on waiver and erosion of the attorney-client privilege in the bad faith context over the past few years. Washington state seems to be a hotbed for that topic.
11:10 a.m.Adjourn