||Registration and Continental Breakfast
||First-Time Attendees Breakfast
||Welcome and Introduction
Daniel W. Gerber, Gerber, Ciano, Kelly, Brady, LLP, Buffalo, NY
Melanie C. Lockett, Lowe, Stein, Hoffman, Allweiss & Hauver, LLP, New Orleans, LA
||COVID Related Claims and Coverage Issues
While the world grappled with the impacts of the Coronavirus pandemic, a wave of lawsuits hit courts across the country claiming that businesses devastated by shutdown orders were entitled to coverage for their income losses under a common provision found in most commercial property insurance policies. This session will address the manner in which these cases unfolded, the conflicting decisions that followed, and important lessons for insurance coverage litigators.
John B. Mumford, Jr., Hancock Daniel, Richmond, VA
||Impact of Social Movements
Social Movements including #metoo #timesup #blacklivesmatter #lovewins, coupled with the recent landmark decision, Bostock v. Clayton County, ignited an increased awareness and spawned increased litigation of claims resulting from civil unrest and employment discrimination. This session will identify relevant policies, provisions, and exclusions and consider the effect on underwriting.
Atoyia Harris, Proskauer Rose, LLP, New Orleans, LA
Sarannah L. McMurtry, Acceptance Insurance, Nashville, TN
Elaine M. Pohl, Plunkett Cooney, PC, Bloomfield Hills, MI
||Carrier v. Carrier Litigation - The Double-Edged Sword
Carriers are litigating subrogation and bad faith claims against other carriers when trigger and allocation issues are not amicably resolved. This session will focus on the issues giving rise to these conflicts, evaluate the risks of pursuing carrier v. carrier litigation, and explore potential alternatives.
Richard Cammett, Amtrust Financial Services, Inc., Ipswich, MA
William K. McVisk, Tressler, LLP, Chicago, IL
||Diversity and Inclusion in the Insurance Industry - How are we Doing?
Recognizing the importance of diversity, insurance companies implemented diversity initiatives, which reward employees and law firms for utilizing diverse legal talent and penalize those who do not. These initiatives further motivate law firms and the industry to attract diverse legal talent. Examine how we are doing from the perspective of in-house counsel and law firm management and how we may further advance these efforts.
Ellen Fine, ProSight Global, Inc., Morristown, NJ
Floyd Holloway, State Farm, New York, NY
Melissa Lin, Righi Fitch Law Group, Phoenix, AZ
Gordon K. Walton, Walton Law Group, LLC, Chicago, IL
||Lunch (On your own)
||Litigating the Bad Faith Failure to Settle Case
This session will provide practical tips on how to litigate bad faith failure to settle cases. It will also explore strategies to address privilege issues, difficult witnesses, and the critical need to memorialize advice to the insured about the extent of exposure.
Lee Murray Hall, Jenkins Fenstermaker, PLLC, Huntington, WV
Jeffrey Commisso, Sheppard Mullin, San Diego, CA
||What is Privileged? An Examination of the Erosion of the Attorney-Client and Work-Product Privileges
Recent cases have challenged the discoverability of communications between coverage counsel and insurers. Policyholders and plaintiffs are pushing the boundaries of what is discoverable, which is particularly problematic when litigating bad faith claims. This session will help you understand the scope and utility of the privileges and how to preserve them for your clients.
Sean C. Griffin, Dykema Gossett, PLLC, Washington, D.C.
||New Developments in Allocation of Long-Tail Claims, Trigger of Coverage Theories, and Exhaustion
Allocation of long-tail claims arising out of personal injury, property damage, and construction defects is intertwined with conflicting theories concerning the trigger of coverage and exhaustion, which creates complex issues for insurers and their outside counsel. We will explore the impacts of recent decisions and offer guidance for navigating the allocation landscape.
John T. Harding, Lewis Brisbois, Bisgaard & Smith, LLP, Boston, MA
||Strategies for Navigating Covered and Non-Covered Claims While Avoiding Bad Faith Failure to Settle Exposure
We are often faced with matters involving both covered and non-covered claims, which render carriers vulnerable to bad faith failure to settle exposure. Learn how to navigate these scenarious with affirmative procedural tactics, including declaratory judgments and interventions.
Charles A. Lynch, CapSpecialty, Farmington, CT
Joanna Roberto, Gerber, Ciano, Kelly, Brady, LLP, Buffalo, NY
||Insurance Law Committee Meeting (Open to all)