2021 Insurance Coverage and Practice Symposium Agenda

Insurance Coverage and Practice Symposium Seminar

*Schedule and Speakers subject to change

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Wednesday, December 8, 2021

Time (Eastern) Program Room
5:30 p.m. Women's Networking Reception Lenox Ballroom
6:00 p.m. Registration and Networking Reception Central Park East & West
7:30 p.m. Women in the Law Dinner

Join your fellow Women in the Law to reconnect with friends and create new ones at a dinner at Medi Wine Bar at 7:30 p.m. Enjoy a relaxed wine bar featuring an outstanding Mediterranean menu. Cost is $95 per person. View the menu for the dinner (PDF)

To sign-up for the Women in the Law Dinner, please click here. If you have any questions regarding the Women in the Law Dinner, please contact Joanna Roberto.

Thursday, December 9, 2021

Time (Eastern) Program Room
6:20 a.m. DRI for Life

Join your fellow attendees Thursday morning and get active before morning sessions start by participating in DRI for Life. We will meet downstairs in the lobby at 6:20 a.m. and walk to Central Park starting promptly at 6:30 a.m. Enjoy moving your body and sipping your morning coffee before heading back for top-notch education sessions. This is a great way to jump-start your day!

7:00 a.m. Registration and Continental Breakfast Central Park East & West
7:00 a.m. First-Time Attendees Breakfast Riverside Suite
8:00 a.m. 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
Metropolitan Ballroom East Small
8:10 a.m. 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
Metropolitan Ballroom East Small
9:05 a.m. 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
Metropolitan Ballroom East Small
10:00 a.m. Refreshment Break Central Park East & West
10:15 a.m. 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
Metropolitan Ballroom East Small
11:10 a.m. Diversity and Inclusion in the Insurance Industry - How are we Doing and Why it Matters...

Diversity and inclusion is a business imperative that drives innovation. Making it a top priority, creating opportunities and cultivating the right mindset is as important as ever. Recognizing the importance, insurance companies have learned in to implement diversity initiatives around the provision of legal services that incentivize employees and law firms for utilizing diverse legal talent and reprioritize relationships with those who do not. These initiatives further motivate law firms and the industry to attract diverse legal talent. Panelists will discuss how we are doing from the perspective of in-house counsel and law firm management, and how we can further advance these efforts. Encouraging interactive audience participation, panelists also will share their personal and professional stories to highlight the importance of diversity and inclusion and collaborate with audience participants around how we can all work together to further the goals of diversity and inclusion.

Melissa Lin, Righi Fitch Law Group, Phoenix, AZ
Ellen Fine, ProSight Global, Inc., Morristown, NJ
Floyd Holloway, State Farm, New York, NY
Gordon K. Walton, Walton Law Group, LLC, Chicago, IL
Metropolitan Ballroom East Small
12:00 p.m. Lunch (On your own)
1:20 p.m. 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
Metropolitan Ballroom East Small
2:10 p.m. 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.
Metropolitan Ballroom East Small
3:00 p.m. Refreshment Break Central Park East & West
3:15 p.m. Appraisal & Loss Settlement/Assignments

Appraisal and loss settlement/assignments are not always appropriate and are often used and abused. This session will take a closer look at what can and cannot be resolved and provide insight into the insurer's rights when an appraisal award is issued.

Christopher W. Martin, Martin, Disiere, Jefferson & Wisdom, Houston, TX
J. Mayer, Network Adjusters, Inc., Englewood, CO
Metropolitan Ballroom East Small
4:05 p.m. 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, Hartford, CT
Joanna Roberto, Gerber, Ciano, Kelly, Brady, LLP, Buffalo, NY
Metropolitan Ballroom East Small
5:00 p.m. Insurance Law Committee Meeting (Open to all) Metropolitan Ballroom East Small
6:00 p.m. Networking Reception Central Park East & West
7:30 p.m. Dine-Arounds

Enjoy the holiday season in New York City and reconnect with your DRI friends at local Dine-Arounds after the networking reception. Sign-up for local Dine-Arounds.

Friday, December 10, 2021

Time (Eastern) Program Room
7:00 a.m. Registration and Continental Breakfast Central Park East & West
8:00 a.m. Welcome and Introduction

Matthew M. Haar, Saul, Ewing, Arnstein & Lehr, LLP, Harrisburg, PA
Metropolitan Ballroom East Small
8:05 a.m. Was It Something I Said? Social Media and Coverage B

Social media facilitates connection, but it also presents evolving exposures. From defamation to privacy violations to intellectual property infringement, we will address the implications of internet communications under the "personal and advertising injury" coverage and examine how coverage responds to such web-based claims.

Daniel I. Graham, Jr., Nicolaides, Fink, Thorpe, Michaelides, Sullivan, LLP, Chicago, IL
Metropolitan Ballroom East Small
8:55 a.m. 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
Metropolitan Ballroom East Small
9:45 a.m. Refreshment Break Central Park East & West
10:00 a.m. Sex Abuse Claims

Analyzing coverage for child victim sex abuse cases can be challenging. Because many states have revival statutes, old policies are triggered. This session will detail strategies to streamline the identification of policies at issue and will address related allocation issues.

Dan D. Kohane, Hurwitz & Fine, PC, Buffalo, NY
Metropolitan Ballroom East Small
10:50 a.m. Coverage for Cyber Incidents

Technology is vital. Conducting business virtually has become a new norm. However, reliance upon technology only increased the risk for potential data breaches. Evolving privacy threats are constantly evolving and include social engineering scams, classic data breaches, and breaches of biometric data. This session will dive into an analysis of CGL, D&O, and E&O policy terms and exclusions applicable to various data breach claims.

Monique Ferraro, The Hartford Steam Boiler Inspection and Insurance Company, New York, NY
Kenneth P. Williams, Segal, McCambridge, Singer & Mahoney, Ltd., Detroit, MI
Metropolitan Ballroom East Small
11:40 a.m. A Return to Civility: Litigating Harmoniously With Policyholders and Plaintiffs

Acrimonious and hostile litigation tactics against insurers are on the rise. Do these tactics violate ethical obligations? If so, are we required to take action? In this session, we will examine the line between zealous advocacy and unprofessional conduct and discuss the obligation to ensure that the line does not continue to blur.

Honorable George J. Silver, New York City Courts, New York, NY
William G. Passannante, Anderson Kill, P.C., New York, NY
Jonathan Schwartz, Goldberg Segalla, Chicago, IL
Metropolitan Ballroom East Small
12:30 p.m. Perspectives from the Insurer-What Keeps Us Up at Night?

Industry panelists will discuss trends, tactics, and issues that are occurring. They will highlight those that create potential opportunities for creative coverage and defense counsel.

Brandon McCullough, HoustonHarbaugh, Pittsburgh, PA

Melissa Fernandez, Travelers Insurance, Stamford, CT
Robin LaFollette, Swiss Re Corporate Solutions, Kansas City, MO
Thomas R. Werlein, Sentry Insurance, Stevens Point, WI
Metropolitan Ballroom East Small
1:20 p.m. Adjourn