Panel: Robert F. Walsh, Esq., Chair of the Insurance Coverage Practice Group, White and Williams LLP | Peter R. Kelso, Principal, Economic and Complex Analytics, Roux | Susan Doering, Head of Climate Risk Management Solutions, Senior Director of Corporate Risk and Broking, Willis Towers Watson 

After a summer in which many regions experienced catastrophic weather-related events and the hottest temperatures ever recorded, the world is focused more than ever on the causes and effects of climate change. A panel (including the chair of White and Williams’ insurance coverage practice, a leading environmental consultant and the head of climate risk management solutions at a multinational insurance services organization) will explain the state of climate change and its current real-world impacts. We will discuss how the insurance industry is already adapting to the reality of climate change and how it may address the problem in the future, and also assess the state of climate change litigation and related insurance coverage issues.

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Daniel F. Bryer and Megan R. Rounds

The presentation will (1) explain the origins of the opioid epidemic, (2) provide an overview of national opioid litigation, including parties, causes of action and current status, and (3) discuss the developing insurance coverage case law applicable to opioid insurance claims.

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Scott H. Casher and Farzana Yeager

Momentum for regulation for non-compete agreements has been growing in 2023 at the state and federal levels. Bans/limitations have been proposed by the Federal Trade Commission, the U.S. Congress, the National Labor Relations Board, and a number of states. This program will address that recent legislation and address what if any impact it may have on more traditional non-solicitation agreements.

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Edward M. Koch, Wesley R. Payne and Bernadette Silver

Dissatisfied with their coverage, sometimes insureds want to remake their insurance policy in a manner that is more favorable to them. This presentation will explore reformation and defenses thereto, including examples from the case law.

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Frank J. Perch and Rochelle Gumapac

Certain strategies used to address mass tort claims through Chapter 11 bankruptcy are generating significant legal controversy. Attempts to shield operating businesses from the bankruptcy process through “Texas Two-Step” and similar devices are under scrutiny, as are nonconsensual releases of parties contributing to the funding of a plan (and issue which the U.S. Supreme Court has agreed to review). This presentation examines these and other trends in mass tort bankruptcies, as well as developments in non-bankruptcy maneuvers, such as receiverships, used by mass tor claimants to pursue insurance coverage. 

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Paul A. Briganti and J. Christopher Erb

As concern surrounding data breaches and usage steadily builds, regulators here and abroad are taking additional measures to protect consumers and residents. We will provide an update on data privacy regulation under new state laws in the U.S. and legislative developments in Europe. In addition, we will discuss recent court decisions on coverage issues arising out of cybersecurity incidents, such as hacking, phishing and spoofing, which continue to threaten businesses.

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Christopher Konzelmann and Mark Paladino 

Claims professionals should have a strong understanding of the strategic decisions made by counsel during the early stages of the litigation process. This fast paced thirty-minute program will review, from both the plaintiff and defense perspectives, issues related to pleadings, jurisdiction, venue, removal to federal court, and expert disclosures and depositions all of which can have a significant impact on the outcome of litigated claims.

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Randy J. Maniloff

For over 20 years, Randy Maniloff has prepared a list of the 10 most significant coverage decisions of that year. In this program, Randy will discuss his choices for the 10 most significant coverage decisions from his past decade of lists.

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