Time

Program

Welcoming Remarks

Environmental, Social and Governance (ESG) Developments and Trends

Scott Casher, Jim Anelli, Rochelle Gumapac and Celestine Montague of White and Williams LLP

Peter Kelso, Principal/Leader of ESG Practice, Roux Associates, and Jeremy Moen, Senior VP, Executive Assurance and Healthcare Claims, Arch Insurance

What started as a corporate social responsibility initiative launched by the United Nations has transformed into a global investment and corporate imperative for businesses of all types. Our panel will provide an overview of what ESG is, including developments and trends, and what it means for the insurance industry.

Demystifying Class Action Lawsuits: Fear No More

Barbara S. Carra and Christopher Quinlan

Class action claims can raise some unique and complex insurance coverage challenges. This session will focus on the foundational elements of class action lawsuits, and how insurers may be impacted when their policyholders are named as defendants in large class action lawsuits. We will discuss preliminary considerations for evaluating and responding to these claims, as well as strategies that can be implemented to mitigate potential exposure. We will also discuss classic duty to defend issues presented by class action lawsuits, including the types of allegations that can trigger the duty and whether extrinsic evidence may be considered.

10:50-11:10 AM

Long Tail Exposure Insurance: An Update on Coverage Issues Concerning Asbestos/LTE/Environmental Claims

Paul A. Briganti and Sara C. Tilitz

While coverage litigation over “long-tail” claims has been around for decades, new issues continue to arise. This course will highlight the current status of the most important issues and provide an overview of key decisions courts have handed down in the last year addressing coverage in the context of asbestos, pollution and other LTE claims.

The Mixed/Multi-Purpose Doctrine and the Discoverability of Expert Opinions Memorialized in Claim Notes

Chris Konzelmann and Anthony L. Miscioscia

Insurance professionals and counsel retain forensic consultants during the initial stages of a claim to determine the origin and cause of losses. If a lawsuit is subsequently filed, whether for coverage or subrogation, a legal issue often arises on the discoverability of the communications with the consultant. This program will explain the “mixed/multi-purpose” doctrine and provide suggestions on how to prevent, when appropriate, the need to produce sensitive communications with consultants.

11:50 AM –
12:10 PM

Winter Is Coming: Developments in Cryptocurrency and Mass Tort Bankruptcies

James C. Vandermark and Frank J. Perch, III

The 2022 crash in cryptocurrency markets led to the evaporation of over $2 trillion in value. The ensuing bankruptcies of two major crypto trading platforms has drawn attention to the unique challenges and many unanswered questions that the crypto industry presents to courts, regulators and insurers. At the same time, claimant and insurer constituencies are battling over key issues arising in mass tort bankruptcies, including cases filed in response to asbestos, opioid and sexual abuse claims. This program will present highlights from current and recent cases, and insights into insurer considerations in crypto and mass tort related bankruptcies.

Lunch Break

Two Distinctly American Epidemics: Similarities and Differences Between the Opioid and Vaping Crises Facing the Insurance Industry

Michael O. Kassak and Adam M. Berardi

While the world has been consumed by the global COVID-19 pandemic, the U.S. has continued to struggle with its own unique epidemics: opioids and vaping. The opioid epidemic has raged in this country for over two decades, yet key coverage issues are only beginning to find answers. Those answers are not only significant to the potential ultimate exposure an insurer may face with respect to opioids, but could have major implications regarding coverage for the burgeoning vaping epidemic primarily effecting the nation’s youth. Both the pharmaceutical and the e-cigarette industries, as well various companies involved in the product supply chain, have faced a barrage of lawsuits from states, municipalities, school districts, and other government entities seeking to recover costs allegedly incurred to fight these epidemics. Among a number of other coverage issues, two key questions arise in the insurance context: do the alleged damages arise from “bodily injury” and, if so, was that “bodily injury” caused by an “occurrence” as is required under a standard commercial general liability policy? This session will explore that question with respect to both opioids and vaping and discuss the similarities and potential differences with each.

To DJ or Not to DJ

Lynndon K. Groff, Bernadette B. Silver and Robert F. Walsh

A declaratory judgment is an important tool for insurers to sort out coverage issues. This program will explore the basic, and also the frequently misunderstood, considerations of who, what, when, where, and why of declaratory judgment actions.

Everything ESI – Identification, Preservation and Best Practices

Vincent N. Barbera and Farzana Islam

The COVID-19 pandemic brought about an explosion of additional electronically stored information (ESI), complicating an already complex landscape. In this session, we’ll discuss how the landscape has changed, what it means for both parties and non-parties in terms of preservation obligations, and best practices for streamlining the e-discovery process.

CGL Policies and the Challenge of the Professional Services Exclusion

Randy J. Maniloff

Most commercial general liability policies contain an exclusion for bodily injury and property damages caused by the insured’s performance of a “professional service.” The basis for this is that the actions of professionals, such as lawyers, doctors, accountants, architects, and any person whose occupation requires the use of a professional skill, calls for a much different underwriting analysis than a CGL policy. Insurers provide coverage for the acts of professional through separate professional liability policies. Yet, despite insurers’ intent, that general liability policies do not cover the acts of professionals, courts often conclude that such acts do not fall within the terms of the “professional services” exclusion. This program will examine why courts often rule against insurers on this issue. It will be done so by examining cases where the insurer lost on the issue and why. The program will address ways that insurers can make changes to their policies to achieve their desired intent regarding professionals and CGL policies.

Closing Remarks