8:00 AM - REGISTRATION AND BREAKFAST
9:15 AM - GENERAL SESSION
Independent Counsel: When, How and Why? Don’t Cumis This General Session
Randy J. Maniloff
The decision by an insurer to defend can sometimes lead to the question of whether the insured is entitled to so-called independent counsel. There are a host of issues surrounding independent counsel, such as whether there is a conflict of interest to justify such counsel, what rates to pay and counsel’s obligations to report to the insurer. There can also be important advantages for an insurer that agrees to independent counsel. This general session will explore numerous issues surrounding this critical aspect of the duty to defend.
10:15 AM - MASTERS CLASS I (Choose one)
A. Long-Tail Coverage: An Update on Coverage Issues Concerning Asbestos/LTE/Environmental Claims
Robert F. Walsh and Gregory S. Capps
Coverage litigation over “long-tail” claims has been enduring for more than 30 years. New issues – and new wrinkles on old issues – continue to emerge. This class will highlight the current status of the most important issues and provide an overview of the most recent key decisions courts have handed down in the long-tail coverage context.
B. Coverage for the World Beyond: Cyber Coverage in Cyber Insurance and Other Policy Forms
Michael O. Kassak and Joshua A. Mooney
Internet of Things, social engineering, and malware - cyber risk is growing exponentially and implicating more than just cyber insurance. This class will discuss a variety of cyber risks and the coverage forms that may respond to them, from computer fraud and fund transfer riders to cyber insurance forms. We also will examine coverage issues that are developing as courts grapple with these emerging risks.
C. Beyond the Nuts and Bolts: Why Coverage is Always Under Construction in Construction Defect Claims
Michelle D. Coburn, Eric B. Hermanson and Anthony L. Miscioscia
This class will survey recent significant insurance coverage decisions addressing the scope of coverage for construction defect claims. We will examine what endorsements insurers have been offering as a way to respond to the Kvaerner decision and what those endorsements may or may not cover. We will also discuss additional insured and risk transfer opportunities among contractors and subcontractors so that financial responsibility can be placed on the responsible party.
D. Unique Issues in Settling D&O Claims
John F. McCarrick and Greg M. Steinberg
As D&O insurance has evolved into a broad coverage contract insuring individual and corporate liabilities across a wide range of exposures, the challenges, obstacles and land mines that present themselves in settling D&O claims have similarly evolved and grown. This class will explore coverage and settlement finality issues practitioners must consider in settling securities, derivative and bankruptcy-related D&O litigation, as well as DOJ and corporate investigations and actions, and will provide insights and tips for available options to resolve these issues when they arise.
11:00 AM - BREAK
11:15 AM MASTERS CLASS II (Choose one)
A. Bad Faith and the Restatement: How the Requirement of Knowledge or Reckless Disregard May Protect Insurers From the Most Hostile Jurisdictions
Craig E. Stewart and Rachel J. Eisenhaure
This class will analyze the Zhaoyun Xia v. ProBuilders Specialty Insurance Company RRG case in which the Washington State Supreme Court imposed a duty to defend on the insurer despite the absence of settled law. We will examine how the case might have been resolved more favorably to the insurer had the court applied the Restatement’s answer to the question: “When is an insurer liable for bad faith?” We will also look at the problems created by the Restatement in those jurisdictions which provide more favorable treatment to insurers and the inherent difficulties of employing a “reasonableness” standard to determine liability.
B. Implications of Contractual Indemnity Agreements on Insurance Coverage
Erica Kerstein and Marissa Gerny
This class will discuss how to evaluate the scope of the insured’s obligations to provide contractual defense and indemnity and/or additional insured coverage, and whether the insured’s contractual and additional insured obligations are enforceable under the applicable law. We will also cover how the policy language affects the scope of coverage for contractual liabilities and additional insureds as well as coverage considerations where the insured has obligations to defend, indemnify or name additional insureds.
C. The Run-Off End Game: Is Finality Possible?
Daryn E. Rush and Andrew Rothseid, RunOff Re.Solve LLC
This class will explore how U.S. companies and regulators have attempted to bring finality to the run-off of legacy books of business plagued by long-tail claims. Legacy liabilities can tie up much needed capital and can impact profitability. Outside the U.S., such liabilities may be cut off through solvent schemes of arrangement. What can be done in the U.S.? Join us and find out.
D. Friends Don’t Let Friends Lose Coverage Defenses: A Practical Guide to Avoiding Waiver and Estoppel
John S. Anooshian and Sean P. Mahoney
This class will discuss the nuts and bolts of when and how insurers might waive coverage and policy defenses. Learn practical tips for avoiding waiver and estoppel pitfalls and become aware of special rules in certain jurisdictions that require insurance claims professionals to take extra steps to preserve defenses. We will discuss what a reservation of rights letter needs to say and when it should be issued to safeguard coverage and other defenses. Finally, this class will explore how the ALI Restatement of the Law of Liability Insurance may redraw the waiver and estoppel landscape if adopted.
12:00 PM - LUNCH
1:30 PM - GENERAL SESSION
A L Eye: See the “Life of a Claim” Under the American Law Institute’s Proposed Draft Restatement of the Law, Liability Insurance
Moderator: Patricia B. Santelle, Managing Partner, White and Williams LLP
Panelists: Tom Baker, Professor, University of Pennsylvania Law School and Laura Foggan, Partner, Crowell & Moring LLP
The American Law Institute’s Proposed Draft “Restatement of the Law, Liability Insurance” has been one of the most talked about subjects in liability coverage circles. After seven years of work (first as a Principles project, then as a proposed Restatement), it is nearly concluded. Courts have already begun to cite it. Policyholders, insurers and regulators have weighed in. Now the question on many minds is how could ALI’s Restatement affect claims handling? That question will be tackled in a panel format. With Patricia Santelle moderating, two of the principal participants on the project – Professor Tom Baker, one of its Reporters, and Laura Foggan, the American Insurance Association’s Liaison to the project – will discuss the “life of a claim” as seen through the lens of the Proposed Draft Liability Insurance Restatement – from defense to settlement to declaratory judgment and breach of contract litigation involving policyholders and insurers. This is a must-see program for anyone involved with liability claims. Don’t miss the chance to hear from this all-star panel.
2:30 PM - BREAK
2:45 PM - GENERAL SESSION RESUMES
4:00 PM - PRIZES, DIPLOMAS & NETWORKING COCKTAIL RECEPTION