2022 Insurance Coverage Litigation Committee CLE Seminar - ONSITE GUIDE Tucson, AZ
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ABA Litigation Section 2022 Insurance Coverage Litigation Committee CLE Seminar March 2–5, 2022 Loews Ventana Canyon Resort Tucson, AZ ONSITE GUIDE ambar.org/litigationinsurance #LitigationInsurance
Wednesday, March 2
SCHEDULE
Time CLE Event Room
4:00 PM – 7:00 PM Registration Grand Ballroom Foyer
5:30 PM – 6:30 PM Managing Editors of Coverage Meeting Rincon
Managing Editors of Website Meeting Santa Rita
Managing Editors of Social Media Meeting Sabino
5:30 PM – 6:30 PM First-Time Attendee Mixer Upper Terrace,
Outdoors
6:30 PM – 7:30 PM Happy Hour Honoring Diversity & Inclusion in the Upper Terrace,
Profession, In-House Counsel, and Young Lawyers Outdoors
(All attendees invited)
10:00 PM – 12:00 AM After Hours Hospitality Suite Suite 2205
Thursday, March 3
Time CLE Event Room
7:30 AM – 5:30 PM Registration Grand Ballroom Foyer
8:00 AM – 5:30 PM Speaker Ready Room Coronado
8:00 AM – 9:15 AM Networking Breakfast Grand Ballroom Foyer
9:15 AM – 9:30 AM Opening Remarks Salon B
9:30 AM – 10:45 AM CLE Plenary: The Judges Panel: The New Normal as We Salon B
Emerge from Behind the COVID Curtain
10:45 AM – 11:00 AM Networking Break Grand Ballroom Foyer
11:00 AM – 12:15 PM CLE Plenary: Coverage Decisions of 2021: Their Impact for Salon B
2022 and Beyond
12:15 PM – 1:15 PM Grab-and-Go Lunch (Ticketed: $55) Grand Ballroom Foyer
1:15 PM – 2:15 PM CLE Breakout: Goldilocks’s Cryptocurrency Assets: What Salon A
Coverage Is Just Right?
CLE Breakout: “Oh You’re So Reserved”: Trends and Topics Salon B
in Reservation of Rights Letters
CLE Breakout: Eyes Wide Open: Arbitrator Impartiality in Salon C
the Wake of Halliburton v. Chubb
CLE Breakout: Independent Defense Counsel: Rate Caps, Catalina
Guidelines, and Deductions (Oh, My!) Ballroom
2:15 PM – 2:30 PM Networking Break Grand Ballroom Foyer
2:30 PM – 3:45 PM Ethics Plenary: Mergers, Acquisitions, Consolidations, and Salon B
CLE ... Conflicts! Rule 1.10, Hot Potatoes, and Other Ethical
Dilemmas in a World of Constant Change
3:45 PM – 4:00 PM Networking Break Grand Ballroom Foyer
4:00 PM – 5:00 PM CLE Breakout: The Show Must Go On! Entertainment Salon A
Insurance in the Post-Pandemic World
CLE Breakout: When Disaster Strikes: Coverage Salon B
Implications of the Florida Condo Collapse
2
SCHEDULE
Thursday, March 3 (Continued)
Time CLE Event Room
4:00 PM – 5:00 PM CLE Breakout: The Wonderful World of SPACs: The Salon C
D&O Industry Reacts to the Roller Coaster
CLE Breakout: Why Can’t We Settle?: Consequences Catalina Ballroom
When Insurer and Insured Disagree on Value of
Underlying Claim
5:00 PM – 6:00 PM ICLC Link: Learn, Lead, Connect Catalina Ballroom
6:15 PM – 7:15 PM Welcome Reception Bill’s Grill & Cascade
Terrace, Outdoors
10:00 PM – 11:30 PM Nightcap with Litigation Section Chair-Elect Presidential Suite 4271
Danny Van Horn
10:00 PM – 12:00 AM After Hours Hospitality Suite Suite 2205
Friday, March 4
Time CLE Event Room
6:30 AM – 2:30 PM Registration Grand Ballroom Foyer
7:00 AM – 8:00 AM Networking Breakfast Grand Ballroom Foyer
7:00 AM – 1:00 PM Speaker Ready Room Coronado
8:00 AM – 9:10 AM Elimination Plenary: An In-Depth Discussion: How Lawyers Salon B
of Bias Can Eliminate Bias Related to Racism, Sexism,
CLE Homophobia, and Transphobia in the Legal
Profession
9:10 AM – 9:20 PM Networking Break Grand Ballroom Foyer
9:20 AM – 10:30 AM CLE Plenary: To Certify or Not to Certify: Tips for Salon B
Federal Appeals of Novel Insurance Coverage
Issues
10:30 AM – 10:45 AM Networking Break Grand Ballroom Foyer
10:45 AM – 11:45 AM CLE Breakout: To Pay or Not to Pay: Medical Salon A
Monitoring
CLE Breakout: The Next Wave in Public Nuisance Salon B
Claims: What Does It Mean for Insurance?
CLE Breakout: Cyber Insurance and the Supply Chain Salon C
CLE Breakout: Regulatory Roulette: Leveraging and Catalina Ballroom
Navigating State Insurance Departments
11:55 AM – 12:55 PM CLE Breakout: She’s Got a Ticket to Ride: Courts’ Salon A
Shifting Interpretations of the Duty to Defend
CLE Breakout: Environmental Insurance Coverage: Salon B
Latest Trends and Developments
CLE Breakout: Around and Around and Around We Go, Salon C
Where BIPA Fits No One Knows!
CLE Breakout: Patently Covered: Underwriting & Catalina Ballroom
Claims Issues for Intellectual Property Insurance
3
Friday, March 4 (Continued)
SCHEDULE
Time CLE Event Room
1:05 PM – 2:20 PM Roundtable Luncheon 1–2 (Ticketed: $65) Coronado
Roundtable Luncheon 3–4 (Ticketed: $65) Rincon
Roundtable Luncheon 5–7 (Ticketed: $65) Santa Rita
Roundtable Luncheon 8–10 (Ticketed: $65) Sabino
Roundtable Luncheon 11–12 (Ticketed: $65) Executive
Boardroom
2:45 PM – 5:00 PM Golf Tournament (Ticketed: $100; 2:45 PM Tee Mountain Course
Time)
2:45 PM – 4:30 PM Round Robin Tennis Tournament (Pay on own) Tennis Courts
6:00 PM – 7:00 PM Women’s Reception (All attendees invited) Ventana Dining Room
7:00 PM – 10:00 PM “A Night on the Red Carpet” Reception & Dinner Kiva Patio and
(Ticketed: $100) Ballroom
11:00 PM – 1:00 AM After Hours Hospitality Suite Hospitality Suite 2205
Saturday, March 5
Time CLE Event Room
6:30 AM – 12:30 PM Registration Grand Ballroom Foyer
7:00 AM – 8:00 AM Networking Breakfast Grand Ballroom Foyer
7:00 AM – 12:30 PM Speaker Ready Room Coronado
8:00 AM – 9:10 AM CLE Plenary: Penny for Your Data: The Ransomware Salon B
Crisis and the Future of Cyber Insurance
9:10 AM – 9:20 AM Networking Break Grand Ballroom Foyer
9:20 AM – 10:30 AM CLE Plenary: Lessons Learned from the Pandemic Salon B
10:30 AM – 10:45 AM Networking Break Grand Ballroom Foyer
10:45 AM – 11:45 AM CLE Breakout: Bermuda Triangle: Is the Bermuda Salon A
Form an Efficient Means of Resolving Insurance
Disputes?
CLE Breakout: We Didn’t Start the Fire—But We’re Salon B
Pretty Sure We’re Covered for It
CLE Breakout: Myths of Follow-Form Excess Coverage Salon C
CLE Breakout: Solving the Insolvency Puzzle Catalina Ballroom
11:55 AM – 12:55 PM Ethics Plenary: The Attorney-Client Privilege: Practical Salon B
CLE Tips for Claims Handling and to Avoid Bad Faith
4:30 PM – 5:30 PM Farewell Happy Hour Flying V Terrace,
Outdoors
4
Thursday, March 3, 2022
PROGRAMS
Plenary: Views from the bench were never quite like this. How are courts dealing with
The Judges Panel: The the return to courtrooms, and what changes can we expect as we transition to
New Normal as We our “New Normal”? This panel of esteemed judges will address these issues,
Emerge from Behind technology, and how we can help the courts help us.
the COVID Curtain
Moderator: Daniel W. Van Horn, Butler Snow LLP, Memphis, TN
General CLE
Panelists: Hon. Victor A. Bolden, U.S. District Court District of Connecticut,
9:30 AM – 10:45 AM Bridgeport, CT; Hon. Pamela Gates, Arizona State Superior Court, Maricopa
County, Phoenix, AZ; Hon. Sophia H. Hall, Circuit Court of Cook County,
Salon B Chicago, IL; Hon. Daniel E. Ortiz, Court of Appeals of Virginia, Fairfax, VA
Plenary: This program will review the top ten (or so) coverage decisions of 2021, and
Coverage Decisions of consider the decisions’ implications for 2022 and beyond on policyholders and
2021: Their Impact for insurers. Attorneys from both sides of the coverage aisle will offer insight and
2022 and Beyond debate the correctness, merits, and current and future impact of each decision.
General CLE Moderator: Catherine D. Cockerham, Steptoe & Johnson LLP,
Washington, D.C.
11:00 AM – 12:15 PM
Panelists: Helen K. Michael, Blank Rome LLP, Washington, D.C.;
Salon B Timothy M. Strong, Dickinson Wright PLLC, Phoenix, AZ; Koorosh Talieh,
Hunton Andrews Kurth LLP, Washington, D.C.
Breakout: The growth of cryptocurrency markets has led to developing insurance
Goldilocks’s issues. This panel will discuss a hypothetical corporation holding substantial
Cryptocurrency cryptocurrency assets, exploring the risks associated with holding such assets
Assets: What and potential coverage options to manage the risks of theft or loss of custody.
Coverage Is Moderator: Catherine L. Doyle, Jenner & Block LLP, Chicago, IL
Just Right?
Panelists: Miguel Cano, Willis Towers Watson, New York, NY;
General CLE Stephen D. Palley, Anderson Kill PC, Washington, D.C.; Joseph Ziolkowski,
1:15 PM – 2:15 PM Relm Insurance Ltd, Hamilton, Bermuda
Salon A
Breakout: This program will discuss recent case law trends addressing reservation
“Oh You’re So of rights letters, and best practices for insurers based on these decisions.
Reserved”: Trends and Panelists will discuss what counsel for insureds and claimants look for to
Topics in Reservation attack the validity of reservation of rights letters, including waiver of coverage
of Rights Letters issues and/or policy defenses.
General CLE Moderator: Joseph G. Harraka, Becker LLC, Philadelphia, PA
1:15 PM – 2:15 PM Panelists: Jeffrey D. Featherstun, Plews Shadley Racher & Braun,
Indianapolis, IN; Rodrigo "Diego" Garcia, Jr., Thompson Coe Cousins & Irons
Salon B LLP, Houston, TX; Laura J. Hanson, Meagher & Geer PLLP, Minneapolis, MN;
Jodi Spencer Johnson, J Spencer Law LLP, Cleveland, OH; Jorge A. Maza,
Hinshaw & Culbertson LLP, Coral Gables, FL
5PROGRAMS
Thursday, March 3, 2022 (Continued)
Breakout: Shortly after Thanksgiving 2020, the English Supreme Court issued the long-
Eyes Wide Open: awaited decision in Halliburton v. Chubb, a decision that was meant to bring
Arbitrator Impartiality clarity to the issue of arbitrator disclosure obligations and the circumstances
in the Wake of under which the question of arbitrator’s impartiality can justify an arbitrator’s
Halliburton v. Chubb removal from a panel. These same issues are present in U.S. arbitrations. This
panel will involve practitioners and arbitrators in both the London and U.S.
General CLE
arbitration circuits, who will use the Halliburton decision as a foundation for
1:15 PM – 2:15 PM discussing ethical issues surrounding arbitrations such as (i) whether “repeat
business” creates bias; (ii) whether a party-appointed arbitrator can be truly
Salon C neutral; (iii) disclosure obligations versus confidentiality obligations; and (iv)
unique to close-knit London arbitration circuit, whether the “revolving door”
of barristers and arbitrators sometimes appearing before each other, and then
alternatively judging each other, creates a conflicts.
Moderator: Robert P. Jacobs, Blank Rome LLP, Washington, D.C.
Panelists: John C. Lenzen, Lenzen ADR, Hamilton, Bermuda; Mina Matin,
Norton Rose Fulbright US LLP, New York, NY; Paul Stanley QC, Essex Court
Chambers, London, England
Breakout: When an insurer provides a policyholder with independent defense counsel,
Independent Defense issues often arise regarding (i) “reasonable rates”/rate caps, (ii) use and
Counsel: Rate Caps, impact of the insurer’s billing guidelines, (iii) insurer’s deductions from defense
Guidelines, and counsel’s invoices, and (iv) the insurer’s right to recoup fees and costs it pays.
Deductions (Oh, My!) This panel will discuss them all.
General CLE Moderator: Matthew A. Bills, Barack Ferrazzano Kirschbaum & Nagelberg
LLP, Chicago, IL
1:15 PM – 2:15 PM
Panelists: Amy Y. Cho, Shook Hardy & Bacon LLP, Chicago, IL;
Catalina Ballroom Hillary N. Ladov, Goldberg Segalla, Philadelphia, PA; Roey Rahmil, Shartsis
Friese LLP, San Francisco, CA
Plenary: Businesses—including law firms and insurance companies—are merging and
Mergers, Acquisitions, consolidating. And lawyers move among them. Because the ABA Model Rules
Consolidations, and “impute” a lawyer’s knowledge to others in the same organization, ethical
... Conflicts! Rule 1.10, problems abound, which have given rise to such doctrines as the “Hot Potato”
Hot Potatoes, and Other and the “Thrust-Upon Conflict.” This panel will explore these dilemmas through
Ethical Dilemmas in hypotheticals and discussion, and will offer the audience an opportunity to
a World of Constant share their experiences, advice, and solutions.
Change Moderator: Neil B. Posner, Much Schelist PC, Chicago, IL
Ethics CLE Panelists: Ann Ching, Sandra Day O’Connor College of Law Arizona State
2:30 PM – 3:45 PM University, Phoenix, AZ; Marialuisa S. Gallozzi, Covington & Burling LLP,
Washington, D.C.; Chauntis Jenkins-Floyd, Travelers, Alpharetta, GA
Salon B
6PROGRAMS
Thursday, March 3, 2022 (Continued)
Breakout: The pandemic has created and accelerated significant change in the insurance
The Show Must Go industry. As entertainment and new media productions are ramping up and
On! Entertainment event venues and promoters are attempting to return to “normal,” how has
Insurance in the the pandemic changed the entertainment insurance domain? What issues
Post-Pandemic World are percolating through the claims process to litigation? How have event
cancellation and production insurance policies evolved as a result of the
General CLE
pandemic? Join us for a lively discussion of the post-pandemic landscape in
4:00 PM – 5:00 PM this specialty niche of the insurance world.
Moderator: Cassandra S. Franklin, JAMS, Los Angeles, CA
Salon A
Panelists: Amber S. Finch, Reed Smith LLP, Los Angeles, CA;
Leon J. Gladstone, Gladstone Weisberg LLP, Culver City, CA;
James J.S. Holmes, Clyde & Co. LLP, Los Angeles, CA; Julia Holt, Arthur J.
Gallagher & Co., Burbank, CA
Breakout: Disastrous events create complex coverage issues, and the Florida condo
When Disaster Strikes: collapse is no exception. This panel will discuss coverage issues arising
Coverage Implications under the property and liability policies of the association, owners, and the
of the Florida Condo construction professionals involved, including complex causation, ensuing loss
Collapse and other provisions that commonly arise in such cases.
General CLE Moderator: Theresa A. Guertin, Saxe Doernberger & Vita PC, Trumbull, CT
4:00 PM – 5:00 PM Panelists: Ronald L. Kammar, Hinshaw & Culbertson LLP, Miami, FL;
Kimberly A. Kyle, Kohnen & Patton LLP, Cincinnati, OH; Andrew W. Miller,
Salon B Brouse McDowell LPA, Toledo, OH; Anna D. Torres, TorresVictor, Fort
Lauderdale, FL
Breakout: The special purpose acquisition company (SPAC) market spiked over the
The Wonderful World last couple of years with hundreds of completed transactions and hundreds
of SPACs: The D&O of others in the works. The SEC, plaintiffs’ lawyers, and short sellers are
Industry Reacts to the targeting these transactions and driving up risk. Placing D&O coverage for
Roller Coaster these transactions is expensive and difficult given the enormous increased
need for public entity D&O, a lack of new insurance capacity, and insurance
General CLE
industry concerns about claims and liability. This panel of coverage lawyers
4:00 PM – 5:00 PM and insurance industry experts will explore the interaction of the multiple D&O
policies involved in a SPAC transaction, how the insurance market is structuring
Salon C coverage and pricing, and the many areas of potential D&O coverage disputes.
Moderator: James “Jim” M. Davis, Perkins Coie LLP, Seattle, WA
Panelists: Kimberly E. Blair, Wilson Elser LLP, Chicago, IL; Nirali V. Shah,
McGill and Partners, New York, NY; Ross Wheeler, Aon, Chicago, IL
7PROGRAMS
Thursday, March 3, 2022 (Continued)
Breakout: This program will include a discussion on efforts to mediate or settle the
Why Can’t We Settle?: underlying claim when the insurer and insured disagree on the valuation and
Consequences When the amount at which to settle. Must the insured follow the lead of the insurer,
Insurer and Insured who usually controls settlement? What if the insurer places a stop below its
Disagree on Value of limits on its contribution to a settlement? What if the insurer disagrees with
Underlying Claim its appointed defense counsel’s valuation of the case? Can the insured reserve
rights and make up the difference to settle the case? Are there bad faith
General CLE implications?
Moderator: Tred R. Eyerly, Damon Key Leong Kupchak Hastert, Honolulu, HI
4:00 PM – 5:00 PM
Panelists: Karin S. Aldama, Perkins Coie LLP, Phoenix, AZ; Rina Carmel,
Catalina Ballroom Anderson McParlin & Conners LLP, Los Angeles, CA; Winter Wheeler, Winter
Wheeler Mediation & Arbitration LLC, Marietta, GA
Friday, March 4, 2022
Plenary: This program will help lawyers understand and explore strategies for
An In-Depth eliminating bias, racism, sexism, homophobia, and transphobia in the legal
Discussion: How profession from the perspective of policyholder and insurance coverage
Lawyers Can attorneys, a nationally renowned neutral, and bar association leaders with
Eliminate Bias Related substantial experience with these issues. Attendees will learn how to navigate
to Racism, Sexism, these issues in their law practice and everyday life.
Homophobia, and Moderator: Terrance J. Evans, Duane Morris LLP, San Francisco, CA
Transphobia in the
Legal Profession Panelists: Tamara S. Benefield, Benefield Law, Beverly Hills, CA;
Rebekah Ratliff, JAMS, Atlanta, GA; Peter L. Tracey, Perkins Coie LLP,
Elimination of Bias CLE Washington, D.C.
8:00 AM – 9:10 AM
Salon B
Plenary: When state law is sparse and federal appellate decisions are not on point,
To Certify or Not to what’s the advocate to do? A distinguished panel of insurance and appellate
Certify: Tips for practitioners, plus two sitting Fifth Circuit Court of Appeals judges, will discuss
Federal Appeals of best practices for insurance coverage appeals, knowing the rules of the road,
Novel Insurance and leveraging creativity and common sense to effectively make your case to
Coverage Issues federal appellate judges.
General CLE Moderator: J. James Cooper, Reed Smith LLP, Houston, TX
9:20 AM –10:30 AM Panelists: Hon. Jennifer W. Elrod, U.S. Court of Appeals for the Fifth Circuit,
Houston, TX; Hon. Ralph R. Erickson, U.S. Court of Appeals for the Eighth
Salon B Circuit, Fargo, ND; Agelo L. Reppas, BatesCarey LLP, Chicago, IL;
Rachel G. Snidow, Covington & Burling LLP, Washington, D.C.
8PROGRAMS
Friday, March 4, 2022 (Continued)
Breakout: When toxic chemicals are released, the issues go beyond traditional pollution
To Pay or Not to Pay: exclusions. The people who live in the area are frequently exposed and may
Medical Monitoring suffer dire medical consequences. This panel will discuss the interrelationship
between insurance decisions finding exposure or potential exposure to toxic
General CLE
chemicals constitutes bodily injury and tort decisions determining when bodily
10:45 AM – 11:45 AM injury has been alleged in medical monitoring cases and delve into an insurer’s
duty to pay for that medical monitoring.
Salon A
Moderator: Adrienne N. Kitchen, Reed Smith LLP, Chicago, IL
Panelists: Bevin A. Carroll, Kennedys, Chicago, IL; Heather W. Habes,
Covington & Burling LLP, Los Angeles, CA; Hon. Diane Joan Larsen, JAMS,
Chicago, IL; Alicia M. Santos, O’Brien & Padilla PC, Albuquerque, NM
Breakout: Plaintiffs are increasingly relying on public nuisance causes of action to seek
The Next Wave in forward-looking funding for generalized public harm. Using opioids, handguns,
Public Nuisance and PFAS (per- and polyfluoroalkyl substances) as case studies, this panel will
Claims: What Does It discuss the liability and damages issues that arise in public nuisance cases.
Mean for Insurance? The parties will also dissect the insurance coverage defenses that may be
raised by insurance carriers in response to public nuisance claims. Finally, the
General CLE
panel will offer audience members the opportunity to predict the next wave of
10:45 AM – 11:45 AM public nuisance claims.
Moderator: Jodi Green, Miller Nash LLP, Los Angeles, CA
Salon B
Panelists: Suzan F. Charlton, Covington & Burling LLP, Washington, D.C.;
Elizabeth Hanke, KCIC, Washington, D.C.; Stella Lane, Markel Corporation,
Tampa, FL; Jonathan E. Lowy, Brady, Washington, D.C.
Breakout: This breakout session will focus on the recent proliferation of cyber incidents
Cyber Insurance and and the interconnectedness of “supply chain attacks” and cyber insurance.
the Supply Chain Panelists will discuss the different ways in which these incidents impact
General CLE insureds, as well as the myriad cyber insurance coverage provisions that are
often implicated and assessed.
10:45 AM – 11:45 AM
Moderator: Nathan B. Lovett, Wiley Rein LLP, Washington, D.C.
Salon C Panelists: Bolanle Akinrimisi, Beazley Group, Atlanta, GA;
Christopher “Todd” Doss, Ankura, Washington, D.C.; J. Andrew Moss,
Reed Smith LLP, Chicago, IL
Breakout: The U.S. insurance industry is largely controlled by state insurance
Regulatory Roulette: commissioners, but many practitioners seldom, if ever, have direct contact with
Leveraging and these regulatory bodies. In this breakout session, panelists will explore, among
Navigating State other topics, how different states approach insurance regulation (electing
Insurance versus appointing their leaders), how carriers interact with these governing
Departments bodies (or don’t), how the licensing process and product development are
handled, and how insurance consumers can use these administrative agencies
General CLE
to their advantage.
10:45 AM – 11:45 AM Panelists: Lauren E. Burk, Phelps Dunbar LLP, New Orleans, LA;
Andrea DeField, Hunton Andrews Kurth LLP, Miami, FL; Spencer Y. Kook,
Catalina Ballroom Hinshaw & Culbertson LLP, Los Angeles, CA; Layna Cook Rush, Baker
Donelson Bearman Caldwell & Berkowitz PC, Baton Rouge, LA 9PROGRAMS
Friday, March 4, 2022 (Continued)
Breakout: While the concept of the duty to defend is well-known to insurer-side and
She’s Got a Ticket to policyholder-side practitioners, recent decisions from multiple state and federal
Ride: Courts’ Shifting courts are casting new light on the parameters of the duty to defend. This panel
Interpretations of the will discuss new trends in case law interpreting the duty to defend, as well as
Duty to Defend examine the duty to defend in connection with non-traditional defense events,
General CLE including investigations, subpoenas, and matters involving non-monetary relief.
Moderator: Peter J. Georgiton, Dinsmore & Shohl LLP, Columbus, OH
11:55 AM – 12:55 PM
Panelists: Michael S. Levine, Hunton Andrews Kurth LLP, Washington, D.C.;
Salon A Arya A. Li, Ver Ploeg & Marino PA, Miami, FL; Christopher C. Meeks, Lewis
Brisbois Bisgaard & Smith LLP, Atlanta, GA
Breakout: A risk manager, an insurance company claims professional, a broker, and
Environmental coverage counsel will engage in a lively conversation over cutting-edge
Insurance Coverage: environmental coverage issues under pollution legal liability (PLL) and historic
Latest Trends and commercial general liability (CGL) policies. Topics include coverage for class
Developments action environmental nuisance suits, COVID-related claims under PLL policies,
emerging contaminants, and noteworthy case law developments.
General CLE
11:55 AM – 12:55 PM Moderator: Jessica L. Kyle, Beveridge & Diamond PC, Baltimore, MD
Panelists: Kenneth Davis, Waste Connections Inc., The Woodlands, TX;
Salon B Xakema L. Henderson, Akerman, Dallas, TX; M. Claire Juliana, Aon, New
York, NY; Brian Margolies, Kaufman Borgeest & Ryan LLP, Valhalla, NY
Breakout: In conjunction with the explosion of litigation under Illinois’ Biometric
Around and Around and Information Privacy Act (BIPA), more and more clients are asking themselves,
Around We Go, Where “Which insurance policies provide coverage for these claims? Is it CGL,
BIPA Fits No One employment practices liability, D&O, Cyber?” You are not alone! Learn
Knows! about this rapidly developing area of litigation and corresponding insurance
decisions—many of which turn on precise policy language. Panel perspectives
General CLE
will include experienced BIPA defense counsel, coverage counsel on both the
11:55 AM – 12:55 PM policyholder and insurer side, and insurance broker representation.
Moderator: Jan A. Larson, Jenner & Block LLP, Los Angeles, CA
Salon C
Panelists: Monique M. Fuentes, Troutman Pepper LLP, Orange County, CA;
Alyssa N. Pianelli, Aon, Philadelphia, PA; David P. Saunders, McDermott
Will & Emery LLP, Chicago, IL
Breakout: This program will address emerging insurance offerings for IP liability and
Patently Covered: claims, including what to look for in placing this coverage and anticipating
Underwriting & Claims potential claims issues for patent, trademark, and copyright litigation.
Issues for Intellectual Moderator: Micah E. Skidmore, Haynes and Boone LLP, Dallas, TX
Property Insurance
Panelists: Mallory Meaney, Wiley Rein LLP, Washington, D.C.; Ankit Patel,
General CLE Ambridge Partners LLC, Chicago, IL; Jason Sandler, Marsh, New York, NY
11:55 AM – 12:55 PM
Catalina Ballroom
10PROGRAMS
Saturday, March 5, 2022
Plenary: Ransomware attacks and the resulting insurance claims are on the rise. The
Penny for Your Data: cost of damage from ransomware attacks almost doubled in 2020 from an
The Ransomware estimated $11.5 billion in 2019 to $20 billion. Some insurance carriers are
Crisis and the Future of limiting or excluding these ransom payments. Governments are debating
Cyber Insurance whether to limit or prohibit the ransom payments to hackers. This panel will
General CLE present a game show to explore the evolving insurance coverage issues
involved in ransomware and the implications for cyber insurance.
8:00 AM – 9:10 AM
Moderator: Sara Schroeder, Allied Professionals Insurance Company RRG,
Salon B Orange, CA
Panelists: Latosha M. Ellis, Hunton Andrews Kurth LLP, Washington, D.C.;
Geoffrey J. Miller, Custom House Risk, New Haven, CT; Lindsay L. Rollins,
The Progressive Group, Richmond, VA; Jeffrey T. Schermerhorn, Willis
Towers Watson, Los Angeles, CA
Plenary: While the world grappled with the impacts of COVID, literally hundreds of
Lessons Learned from courts across the nation were asked to decide whether businesses impacted
The Pandemic by shutdown and similar orders would have coverage for their income losses
General CLE under a common provision found in most commercial property insurance
policies. Unsurprisingly, the courts did not agree and the debate continues. This
9:20 AM – 10:30 AM panel will address the lessons that insurance litigators can glean from how the
issue arrived in court, how the arguments were fashioned and refined, how the
Salon B decisions unfolded, and which arguments got traction and which failed.
Moderator: John B. Mumford, Jr., Hancock Daniel PC, Glen Allen, VA
Panelists: John R. Casciano, Markel Corporation, Glen Allen, VA;
Rachel E. Hudgins, Hunton Andrews Kurth LLP, Atlanta, GA;
Ernest Martin, Jr., Haynes and Boone LLP, Dallas, TX
Breakout: This highly interactive program features a debate between prominent
Bermuda Triangle: international insurance arbitration specialists on the advantages and
Is the Bermuda Form disadvantages of the Bermuda Form as a means to resolve insurance disputes.
an Efficient Means of This question is of particular importance as many pandemic insurance disputes
Resolving Insurance are either in Bermuda Form arbitration or headed there.
Disputes? Moderator: Peter A. Halprin, Pasich LLP, New York, NY
General CLE Panelists: Lorelie S. Masters, Hunton Andrews Kurth LLP, Washington,
10:45 AM – 11:45 AM D.C.; Peter K. Rosen, JAMS, Los Angeles, CA; Kim R. Wilkerson, AXA AL,
Hamilton, Bermuda
Salon A
11PROGRAMS
Saturday, March 5, 2022 (Continued)
Breakout: Whether it’s a house fire or the entire West Coast suffering wildfires, the
We Didn’t Start the coverage issues are often the same. This panel will address best practices
Fire—But We’re Pretty for documenting, negotiating, and litigating coverage for a claim and recent
Sure We’re Covered developments after years of wildfires and other catastrophes. Panelists will
for It review the use of public adjusters, the appraisal process, and insurer and
policyholder disputes concerning business interruption calculations. Finally,
General CLE
with the prospect of climate change resulting in future fires, the panel will
10:45 AM – 11:45 AM address the current state of climate change litigation.
Salon B Panelists: Courtney E. Alvarez, Offit Kurman, Vienna VA; Kristin Davis,
Thompson HD, Washington, D.C.; Kathryn M. Guinn, Dentons US LLP, Denver,
CO; Stan Johnson, Ankura, Atlanta, GA
Breakout: Often insureds, brokers, and excess underwriters mistakenly believe that an
Myths of Follow-Form excess follow-form policy automatically follows all terms of the underlying
Excess Coverage policy. Where excess follow-form coverage forms include terms (e.g., other
insurance/subrogation conditions) that supersede the underlying policy’s terms,
General CLE
the excess policy needs to be separately endorsed to operate as intended.
10:45 AM – 11:45 AM
Moderator: Janie Reilly Eddy, Saxe Doernberger & Vita PC, Trumbull, CT
Salon C Panelists: Andres Avila, Ropers Majeski PC, New York, NY; Mary Bishop,
Construction Risk Partners LLC, Branchburg, NJ; John Grimaldi, The
Navigators Group Inc., New York, NY
Breakout: When an insurer goes insolvent, the impact is felt throughout the insurance
Solving the Insolvency industry. The panelists will give an overview of the insolvency process and
Puzzle discuss recent insolvencies, U.S. vs. UK insolvencies, and impacts on allocation
to coverage, contribution claims, claims handling, and coverage litigation.
General CLE
Moderator: Nicholas Sochurek, KCIC, Washington, D.C.
10:45 AM – 11:45 AM
Panelists: Carla V. Green, Haynes and Boone LLP, Dallas, TX;
Catalina Ballroom Eileen T. McCabe, Mendes & Mount LLP, New York, NY
Plenary: Is there a new trend to erode the insurer’s attorney-client privilege in bad
The Attorney-Client faith litigation? In Travelers Property Cas. Co. v. 100 Renaissance, LLC, 308
Privilege: Practical Tips So.3d 847 (Miss. 2020), the Mississippi Supreme Court held that the insurer
for Claims Handling and impliedly waived the attorney-client privilege and ordered the disclosure
to Avoid Bad Faith of communications between an adjuster and in-house counsel, as well as
the in-house counsel’s deposition. How does this apply to insurer’s outside
Ethics CLE
counsel advising on coverage for an ongoing claim and to policyholder counsel
11:55 AM – 12:55 PM assisting their insureds in processing and presenting claims? This course will
discuss certain jurisdictions that are allowing the erosion of the attorney-
Salon B client privilege and will advise both policyholder and insurer counsel on court
opinions about what is considered handling a claim and what is considered
providing legal advice. The course will also discuss strategies for handling bad
faith litigation, including a discussion of discovery tactics, dispositive motions,
and trial strategies.
Panelists: Andrew M. Barrios, Reed Smith LLP, Chicago, IL;
Jamie R. Carsey, Markel Corporation, Houston, TX; Christina A. Culver,
Thompson Coe LLP, Houston, TX; Alexandra O’Neill, SDV PC, Trumbull, CT
12ROUNDTABLES
Friday, March 4, 2022 (1:05 PM – 2:20 PM; Non-CLE; Ticketed: $65)
1. Who Owns the This roundtable will discuss various issues involving insurance of
Digital Future? And NFTs, including representations and warranties issues, theft/loss,
How Are They Going misappropriation, and crime/fraud. Speakers will discuss how existing policy
to Insure It? Issues forms may provide coverage for losses, and where there may be gaps.
Around Insurance and
Speakers: Alexandra S. Fernandez, Robins Kaplan LLP, Los Angeles, CA;
Non-Fungible Tokens
Christine S. Haskett, Covington & Burling LLP, San Francisco, CA
(NFTs)
Coronado
2. Construction When dealing with construction losses, coverage and contract issues are
Coverage vs. Defense often closely intertwined. This roundtable will discuss the nature of the
relationship between coverage counsel and defense counsel and provide tips
Coronado for how and when counsel should work together to achieve common goals.
Speakers: Bethany L. Barrese, Saxe Doernberger & Vita PC, Basking
Ridge, NJ; Joseph J. Blyskal, Gordon Reese Scully Mansukhani LLP,
Glastonbury, CT
3. Everybody Hurts: When an actively underwriting parent is permitted to eject a run-off insurer,
Insurance Company everyone suffers when things go bad. This roundtable will discuss the
Run-Off Divestitures regulatory process and recent failures to make the case that policyholders
and other interested parties should actively participate in the regulatory
Rincon process and unite to examine such transactions.
Speakers: William F. Greaney, Covington & Burling LLP, Washington, D.C.;
Jonathan Terrell, KCIC, Washington, D.C.
4. To Pull or Not to When a company is in pursuit of an acquisition target with historic and
Pull the Acquisition ongoing mass tort liabilities, how do they quickly and effectively evaluate
Trigger? the risks and potential offsetting insurance? This roundtable will discuss a
variety of topics that are key factors in making these decisions.
Rincon Speakers: Margo S. Brownell, Maslon LLP, Minneapolis, MN;
Nancy Gutzler, KCIC, Washington, D.C.
5. Sizzling Hot Issues From antitrust to biometrics to vaccine mandates, private companies face an
in Private Company array of emerging and growing risks. This roundtable will identify those risks
D&O and Employment and discuss how the D&O and EPL insurance market for private companies is
Practices Liability responding and what types of coverage disputes may be on the horizon.
Insurance Speakers: Ruth Kochenderfer, Marsh, Washington, D.C.;
Beth A.H. Strapp, Berkley Healthcare, West Hartford, CT
Santa Rita
6. Navigating a In recent years, ransomware attacks on businesses have grown in
Ransomware Attack: sophistication and frequency, and ransom demands have steadily increased
Breach Response, in size. During this roundtable, speakers will explore best practices to
Insurance Coverage, prepare for, and in the face of, a ransomware attack, with a special focus on
and Best Practices insurance considerations.
Santa Rita Speakers: David M. Cummings, Reed Smith LLP, Chicago, IL;
Martin T. McElligott, West Monroe Partners, Chicago, IL
13ROUNDTABLES
Friday, March 4, 2022 (1:05 PM – 2:20 PM; Non-CLE; Ticketed: $65)
7. Online Mediation is Mediation is forever changed. We’re online! Let’s share our experiences,
Here to Stay: How Do discuss emerging best practices, and explore challenges yet to be resolved.
We Make the Most of Get pointers you can use in your very next case!
It in Coverage Cases?
Speakers: Jeff Kichaven, Jeff Kichaven Commercial Mediation,
Los Angeles, CA; Steve Schulwolf, Schulwolf Mediation, Austin, TX
Santa Rita
8. Insurance Coverage This roundtable will present an inside look into policy coverage for antitrust
for Antitrust Disputes disputes and the evolving court interpretation of antitrust insurance
coverage, including the perspective and expertise of antitrust litigator.
Sabino
Speakers: David A. Gauntlett, Gauntlett & Associates, Irvine, CA;
Christopher Wilson, Baker Botts LLP, Washington, D.C.
9. The Sky Isn’t This roundtable will discuss emerging issues affecting policyholders across
Falling ... These Are a variety of industries, with a focus on first-party insurance claims. Ranging
Just Tough Insurance from general business interruption claims to specific questions addressing
Questions cargo/supply chain issues, cyber liability, and climate change claims,
among others, speakers plan to tackle the present-day challenges facing
Sabino policyholders.
Speakers: Brad J. Lorden, Wolverine World Wide Inc., Rockford, MI;
Caroline Upton, Barnes & Thornburg LLP, Chicago, IL
10. Recent Trends in Insurance bad faith litigation seems to be constantly evolving, with new
Bad Faith Litigation developments or twists in the law. This roundtable will explore recent legal
developments and strategic issues that are shaping bad faith cases.
Sabino
Speakers: Richard Milone, Milone Law Firm PLLC, Washington, D.C.;
Douglas R. Richmond, Aon, Olathe, KS
11. The Scoop on Claim values are going up, and carriers and claimants alike need to
Excess and Umbrella understand the interplay of excess and umbrella policies with primary
Coverage policies. This roundtable discussion will cover basics such as the difference
between excess and umbrella coverage and delve into deeper issues such
Executive Boardroom as defense obligations under these upper-layer policies and exhaustion
of competing towers of insurance in high-value claims. Through claim
examples, we will consider whether hammer letters actually help, demand
and settlement issues, and different states’ approaches to a primary carrier’s
obligations, if any, to the excess.
Speakers: Heather P. Arias, Skyward Specialty Insurance, Scottsdale, AZ;
Liza Valentine, Hudson Insurance Group, New York, NY
12. Moral Hazards: American society is rapidly changing from cannabis regulations to the gig
Managing Risks and economy. As we have seen from the COVID-related coverage litigation,
Expectations During many Americans expect that if they pay insurance premiums, they will be
Wild Times protected. That is not always the case, and this roundtable will propose and
discuss ideas for how to educate participants in the insurance industry—
Executive Boardroom from consumers to brokers to claim representatives—on how to manage risk
and expectations during these unprecedented times.
Speakers: Douglas M. Kleeman, Phelps Dunbar LLP, New Orleans, LA;
14 John S. Vishneski, Reed Smith LLP, Chicago, ILSPONSORS
Thank you to the following sponsors for their generous support of the 2022 Insurance
Coverage Litigation Committee CLE Seminar:
SECTION SPONSOR
MEETINGS SPONSOR
EVENT SPONSOR
PEARL SPONSORS
GOLD SPONSORS
SILVER SPONSORS
15SPONSORS
BRONZE SPONSORS
PREMIUM EXHIBITOR
Thank you to our 2022 Planning Committee!
Committee Co-Chairs Seminar Co-Chairs
J. James Cooper, Reed Smith LLP, Houston, TX Arden Levy, Arden Levy Law PLLC, Alexandria,
Anna D. Torres, TorresVictor, West Palm VA
Beach, FL Tyler Bryant Walker, Fields Howell LLP,
Atlanta, GA
Committee Vice-Chairs
John C. Bonnie, Weinberg Wheeler Hudgins Seminar Vice-Chairs
Gunn & Dial LLC, Atlanta, GA Natalie Dubose, Haynes and Boone LLP,
Jodi Spencer Johnson, J. Spencer Law LLC, Dallas, TX
Cleveland, OH Cory Patterson, Nelson Mullins Riley &
Scarborough LLP, Charlotte, NC
Wi-Fi Information
Wi-Fi Network: 2022ICLC
Wi-Fi Password: ABA2022
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