Insurance Coverage and Practice Symposium - DRI
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Insurance Coverage and Practice Symposium NEW your clients in 30(B)(6) depositions Hands-on Litigation Skills Workshop to defend See page 2 for details Examine new coverage issues generated by developments in technology Learn how social media is changing how insurers approach Coverage B Gain practical tips for avoiding the abuse of experts in interpreting scope and meaning of policies Hear strategies for avoiding bad faith failure to settle claims Discover how to recognize and correct bias in the legal profession November 29–30, 2018 Sheraton New York Times Square Hotel New York, NY
T he DRI Insurance Coverage and Practice Symposium is the foremost educational event for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year’s symposium will once again offer an unparalleled opportunity to engage with a distinguished faculty of insurance industry leaders, experts, and coverage lawyers on emerging issues, recent court rulings, national trends, and the future of insurance coverage law. In addition, the symposium will provide exceptional networking events, as well as an opportunity to experience the wonder of New York City during the holiday season! Kelly M. Lippincott Matthew S. Foy Program Chair Committee Chair James W. Bryan F. Lane Finch, Jr. Program Co-Vice Chair Committee Vice Chair Julia K. Ulrich Christopher T. (Chris) Program Co-Vice Chair Sheean Law Institute PRESENTED BY D RI’s Insurance Law Committee THIS SEMINAR BROCHURE IS SPONSORED BY Register online now at dri.org or complete the form in the back.
Insurance Coverage and Practice Symposium | November 29–30, 2018 What You Will Learn How to develop evidence of collusion in consent judgments Trends in insurer versus insurer disputes About limiting the policies triggered in ongoing injury claims The opioid epidemic and its effect on the insurance industry Lessons learned from recent CAT claims How bitcoin and blockchain technology are transforming the insurance industry Members Get More Access to at dri.org: Committee newsletters, seminar course materials, and other publications. Access to the DRI Insurance Law Committee Community at http://community.dri.org/ home: Share articles, post blogs, and connect with others on the latest trends in your area of practice. Access to dri circles, where lawyer-to-lawyer connections happen. Search dri circles in your app store: Use dri Dividends ™ Points to reduce your registration fee: Recruit a member Attend a seminar Participate on a committee …and more! Visit dri.org, go to My DRI and click on DRI Dividends to see your balance. Get engaged, get recognized, and get rewarded. 1
PROGRAM SCHEDULE Insurance Coverage and Practice Symposium | November 29–30, 2018 L ITI G ATI O N S K I L L S WO R K S H O P 1:00 p.m.–5:00 p.m. Strategies for a Winning 30(B)(6) Deposition Successful trial attorneys know that a properly deposition topics and to prepare and defend the prepared and defended 30(b)(6) deposition can stop witness at deposition. plaintiffs’ counsel in their tracks. This workshop will Take advantage of this valuable opportunity to teach the techniques necessary to master this crucial practice techniques with highly skilled trial attorneys. aspect of litigation. The DRI Litigation Skills Committee One-on-one and small group exercises will assure that (formerly “Trial Tactics”) is excited to present DRI’s you are prepared to defend your client in the earliest first Litigation Skills Workshop in conjunction with stages of litigation. Act now to make a significant this seminar, providing attendees of this interactive investment in your career. Space is limited and spots program with the tools necessary to shape the will go fast! See registration form for pricing. PROGRAM SCHEDULE W E D N E S DAY, N OV E M B E R 2 8 8:10 a.m. Sexual Abuse and Harassment Claims 5:30 p.m. Women’s Networking Reception Legislatures are changing the statutes of limita- SPONSORED BY Carr Maloney PC tions for these claims. The #MeToo and Time’s Up campaigns are gaining momentum. What 6:00 p.m. Registration will all this mean for coverage of claims that 6:00 p.m. Networking Reception may be brought by accusers and the accused? Nancy D. Adams, CPCU, Mintz Levin Cohn Ferris T H U R S DAY, N OV E M B E R 2 9 Glovsky and Popeo PC, Boston, MA 7:00 a.m. Registration Alan S. Miller, Houston Harbaugh PC, Pittsburgh, PA 7:00 a.m. Continental Breakfast Rebecca R. Weinreich, Lewis Brisbois Bisgaard SPONSORED BY Jeff Kichaven Commercial & Smith LLP, Los Angeles, CA Mediation Nicolaides Fink Thorpe 9:00 a.m. Avoiding Hindsight: An Examination Michaelides Sullivan LLP of Bad-Faith Failure to Settle This session will examine insurers’ settlement 7:00 a.m. First-Time Attendees’ Breakfast negotiation duties, pitfalls in both claim han- Matthew S. Foy, Gordon Rees Scully dling and bad-faith failure-to-settle litiga- Mansukhani LLP, San Francisco, CA tion, handling bad faith set ups and curing an 8:00 a.m. Welcome and Introduction alleged failure to settle, addressing covered/ Christopher T. (Chris) Sheean, Swanson Martin uncovered claims, the potential damages avail- & Bell LLP, Chicago, IL able, and managing multiple claimants (or insureds) and insufficient limits. Kelly M. Lippincott, Carr Maloney PC, Washington, DC Kevin J. Willging, Travelers, Hunt Valley, MD Denotes the DRI CLIENT CONNECTION: In-house and Patrick E. Winters, Plunkett Cooney PC, claims professional speakers Bloomfield Hills, MI 2
Insurance Coverage and Practice Symposium | November 29–30, 2018 10:00 a.m. Refreshment Break 3:10 p.m. Refreshment Break PROGRAM SCHEDULE SPONSORED BY Hurwitz & Fine PC SPONSORED BY McAngus Goudelock & Courie LLC Saul Ewing & Arnstein LLP 3:25 p.m. The Use and Abuse of Experts 10:15 a.m. Occurrence Policies and Are experts ever appropriate for interpret- Progressive Injury Claims ing the scope and meaning of liability insur- This presentation will focus on insurers’ efforts ance policies? When might insurers want an to limit their exposure to a specific policy expert and what arguments may they use to period in progressive injury claim scenarios persuade courts to disqualify the insured’s pro- for occurrence-based policies, or to preclude posed expert? coverage entirely, via prior injury/damage Beth Zaro Green, W.R. Berkley exclusions, known loss, limits of liability, and Corporation, Greenwich, CT allocation trigger approaches. Julia A. Molander, Cozen O’Connor, Lawrence D. (Larry) Mason, Goldberg San Francisco, CA Segalla LLP, Chicago, IL Kathleen J. (Kathy) Maus, Butler Weihmuller 11:05 a.m. The Opioid Epidemic Katz Craig LLP, Tallahassee, FL The opioid crisis in the United States has 4:15 p.m. Insurer v. Insurer become a public health issue that affects This presentation will explore issues that arise all corners of society. How will it affect CGL, in litigation between insurers, such as claims E&O, professional liability, and product for equitable subrogation, contribution, bad liability coverage? faith, claims when more than one policy is Lawrence Klein, Robinson & Cole LLP, triggered, cases involving long-tail and con- New York, NY struction defects, and recent developments in the law. 12:00 p.m. Lunch (on your own) Milind Parekh, Resolute 1:30 p.m. Lessons Learned from California Management Inc., Chicago, IL Wildfires and Other Disasters William K. McVisk, Tressler LLP, Chicago, IL Large-scale catastrophes, such as wildfires or windstorms, are often met with political, regu- 5:00 p.m. Insurance Law Committee Meeting latory, and legislative responses that influence (open to all) claim handling in ways not contemplated by 6:00 p.m. Networking Reception policy drafters. We will discuss those responses SPONSORED BY Traub Lieberman Straus & as well as strategies to mitigate their effect Shrewsberry LLP on insurers. Andrew B. Downs, Bullivant Houser Bailey PC, 7:30 p.m. Dine-Arounds | Join colleagues and friends San Francisco, CA at selected restaurants for dinner (on your own). More details on-site. 2:15 p.m. Blockchain Technology and the Insurance Industry F R I DAY, N OV E M B E R 3 0 Blockchain technology and virtual curren- 7:00 a.m. Registration cies such as bitcoin are sweeping through the insurance industry. What are the potential 7:00 a.m. Continental Breakfast uses and coverage implications of blockchain? SPONSORED BY Burr & Forman LLP How has bitcoin affected how we define and Crowell & Moring LLP insure money? Gaglione Dolan & Kaplan Laura A. Foggan, Crowell Moring LLP, Washington, DC Denotes the DRI CLIENT CONNECTION: In-house and claims professional speakers 3
Insurance Coverage and Practice Symposium | November 29–30, 2018 8:00 a.m. Announcements 11:05 a.m. Social Media and Coverage B PROGRAM SCHEDULE James W. Bryan, Nexsen Pruet LLC, What is an advertisement? Can a stray Tweet, Greensboro, NC Snapchat, Instagram post, or Facebook post give rise to potential coverage under Coverage 8:05 a.m. Hot Topics and Emerging B? Do insurance companies need to revise their Issues in Personal Lines policies to account for the ever-changing social The sharing economy presents unique cover- media landscape? age considerations. Hear an examination of the effect of the sharing economy (e.g., Uber, Daniel I. Graham, Jr., Nicolaides Fink Thorpe Airbnb, and their competitors) on coverage and Michaelides Sullivan LLP, Chicago, IL liability under personal lines. 11:50 a.m. Consent Judgments and Related Matters Jordan E. Clay, State Farm Insurance, This session will cover recent changes in state Bloomington, IL statutes, intervention, and how to address evi- Tyler Bryant Walker, Goodman McGuffey LLP, dence of collusion. Hear about consent-to- Atlanta, GA settle conditions, excess/primary issues, and reasonableness challenges. 8:55 a.m. Emerging Technologies William Clayton (Clay) Crawford, Foland Artificial intelligence, robots, self-driving cars, Wickens Roper Hofer & Crawford PC, big data, drones—new developments in tech- Kansas City, MO nology generate new issues of coverage. How will the insurance industry respond? 12:35 p.m. Sport Injury Claims Ronald P. Harrell, Catalina US Insurance Questions of trigger, intentional acts exclusions, Services LLC, San Diego, CA prior knowledge exclusions, fortuity issues, and many other matters arise with these types James P. O’Connor, Maroney O’Connor LLP, of claims. Class action and mass tort consider- New York, NY ations add another unique twist. ♦❯ Justin P. Schorr, PhD, DJS Associates Inc., Lauren E. Tucker McCubbin, Polsinelli PC, Abington, PA Kansas City, MO 9:50 a.m. Refreshment Break John B. Mumford, Jr., Hancock Daniel Johnson 10:05 a.m. Ethical Considerations of Implicit & Nagle PC, Glen Allen, VA Bias in the Legal Profession 1:30 p.m. Adjourn Hear from outside counsel and in-house coun- sel on how to recognize when you are affected Community Service Project by implicit bias and how to correct it, whether The DRI Insurance Law Committee is proud to conduct a in court, out of court, or with clients or col- fundraiser for Win (Women in Need) during the sympo- leagues in the office. sium. Win provides shelter and support to thousands of Asker A. Saeed, Fried Frank Harris Shriver homeless women and children living in New York City. & Jacobson LLP, New York, NY Through comprehensive programs and services, Win Jacqueline J. Harding, Wilson Elser Moskowitz enables homeless families to succeed in life and break the Edelman & Dicker LLP, Los Angeles, LA cycle of homelessness. All money raised during the sympo- sium will go directly to support Win’s important work. Ling D. Ly, Travelers, Hartford, CT Denotes the DRI CLIENT CONNECTION: In-house and claims professional speakers ♦❯ Denotes expert 4
Insurance Coverage and Practice Symposium | November 29–30, 2018 G E N E R A L I N F O R M AT I O N In-House Counsel or before November 5, 2018. Cancellations received after Novem- In-house counsel are eligible for free registration to ber 5 and on or before November 12, 2018, will receive a refund, less DRI seminars. In-house counsel are defined as licensed a $100 processing fee. Cancellations made after November 12 will not receive a refund, but a $100 certificate good for any DRI semi- attorneys who are employed exclusively by a corpo- nar within the next 12 months will be issued. All cancellations and ration or other private sector organization for the pur- requests for refunds must be made in writing. Fax (312.795.0747) pose of providing legal representation and counsel only or email (seminars@dri.org) to DRI’s Accounting Department. Pro- to that corporation, its affiliates, or its subsidiaries. To cessing of refunds will occur within four weeks after the date of the qualify for free registration, in-house counsel must be a seminar. All refunds will be processed in the same method that the DRI member and a member of the DRI Corporate Coun- payment was received. Substitutions may be made at any time with- sel Committee or be sponsored by a DRI member who is out charge and must be submitted in writing. both registered and has paid for the seminar. Nonmem- Discounts ber in-house counsel may utilize this offer only once. Group Discount The first and second registrations from the same This offer excludes the DRI Annual Meeting and the DRI firm or company are subject to the fees outlined previously. The reg- Business Management Principles for Lawyers Seminar. istration fee for additional registrants from the same firm or com- pany is $775, regardless of membership status if received on or before October 29, 2018. After October 29, the group rate is $875. All regis- Claims Executives trations must be received at the same time to receive the discount. Claims professionals are eligible for free registration to Travel Discounts DRI offers discounted meeting fares on various DRI seminars. Claims professionals are defined as any major air carriers for DRI Insurance Coverage and Practice Sympo- individuals employed by a corporation or insurance sium attendees. To receive these discounts, please contact Direct company, who spend a substantial portion of their pro- Travel, DRI’s official travel provider, at 800.840.0908. As always, to fessional time hiring or supervising outside counsel in obtain the lowest available fares, early booking is recommended. the representation of businesses, insurance compa- DRI Financial Aid Policy nies or their insureds, associations, or governmental Individuals who demonstrate need may receive limited financial aid to entities in civil litigation. To qualify for free registration, attend DRI CLE programs under the following terms and conditions: the claims professional must be a DRI member under a Applicants must be licensed to practice law in the United States, Canada or other foreign jurisdiction. Proof of admission to the corporate membership or be sponsored by a DRI mem- bar, including applicant’s bar or Supreme Court number, must ber who is both registered and has paid for the semi- accompany the request. nar. Nonmember claims professionals may utilize this Applicants must show proof of identity and citizenship. offer once per calendar year. This offer excludes the Applicants must execute and deliver the approved DRI DRI Annual Meeting. application for financial aid to the DRI Education Department, 55 W. Monroe, Suite 2000, Chicago, IL 60603 at least sixty (60) days in advance of the first day of the seminar. CLE/Claims Adjusters Accreditation This seminar has been approved for MCLE credit by the State Bar of The taping or recording of DRI seminars is prohibited without the G E N E R A L I N F O R M AT I O N California for up to 12 hours, including 1 hour of ethics credit. Accred- written permission of DRI. itation has been requested from every state with mandatory continu- Speakers and times may be subject to last-minute changes. A small portion of your room rate offsets the costs of the seminar. ing legal education (CLE) requirements. Certificates of attendance will DRI policy provides there will be no group functions sponsored by be provided to each attendee. Attendees are responsible for obtaining others in connection with its seminars. CLE credits from their respective states. Application has been made for continuing education for claims adjusters. Credit availability and Hotel Accommodations requirements vary from state to state; please check the DRI website at A limited number of discounted hotel rooms have been made avail- dri.org for the latest information for your state. able at the Sheraton New York Times Square Hotel, 811 7th Avenue, New York NY 10019. Registration Policy Take advantage of the group rate of $399 Single/Double in one of Save $100 when you register by October 29, 2018. (See the registra- two ways: tion form for pricing.) The registration fee includes course materials, continental breakfasts, refreshment breaks, networking receptions, 1) Reserve online: Visit dri.org and go to the DRI Insurance Cov- and access to the DRI App. If you wish to have your name appear erage and Practice Symposium page and click on the “Book on the registration list distributed at the conference and receive the hotel” button. course materials in advance, DRI must receive your registration by 2) Or contact the hotel directly at 212.581.1000 and mention the November 5, 2018 (please allow 10 days for processing). Registrations DRI Insurance Coverage and Practice Symposium. received after November 5 will be processed on-site. The hotel block is limited and rooms and rates are available on a first- come, first-served basis. You must make reservations by October 29, 2018 Refund Policy to be eligible for the group rate. Requests for reservations made after The registration fee is fully refundable for cancellations received on October 29 are subject to room and rate availability. 5
Insurance Coverage and Practice Symposium | November 29–30, 2018 FA C U LT Y Nancy D. Adams, CPCU, Mintz Levin Cohn Ferris Glovsky and Lawrence D. (Larry) Mason, Goldberg Segalla LLP, Chicago, IL Popeo PC, Boston, MA Kathleen J. (Kathy) Maus, Butler Weihmuller Katz Craig LLP, James W. Bryan, Nexsen Pruet LLC, Greensboro, NC Tallahassee, FL Jordan E. Clay, State Farm Insurance, Bloomington, IL Lauren E. Tucker McCubbin, Polsinelli PC, Kansas City, MO William K. McVisk, Tressler LLP, Chicago, IL William Clayton (Clay) Crawford, Foland Wickens Roper Hofer & Crawford PC, Kansas City, MO Alan S. Miller, Houston Harbaugh PC, Pittsburgh, PA Andrew B. Downs, Bullivant Houser Bailey PC, Julia A. Molander, Cozen O’Connor, San Francisco, CA San Francisco, CA John B. Mumford, Jr., Hancock Daniel Johnson & Nagle PC, F. Lane Finch, Jr., Swift Currie McGhee & Hiers LLP, Glen Allen, VA Birmingham, AL James P. O’Connor, Maroney O’Connor LLP, New York, NY Laura A. Foggan, Crowell Moring LLP, Washington, DC Milind Parekh, Resolute Management Inc., Chicago, IL Matthew S. Foy, Gordon Rees Scully Mansukhani LLP, San Francisco, CA Asker A. Saeed, Fried Frank Harris Shriver & Jacobson LLP, New York, NY Daniel I. Graham, Jr., Nicolaides Fink Thorpe Michaelides Sullivan LLP, Chicago, IL ♦❯ Justin P. Schorr, PhD, DJS Associates Inc., Abington, PA Beth Zaro Green, W.R. Berkley Corporation, Christopher T. (Chris) Sheean, Swanson Martin & Bell LLP, Greenwich, CT Chicago, IL Julia K. Ulrich, AIG, New York, NY Jacqueline J. Harding, Wilson Elser Moskowitz Edelman & F A C U LT Y Dicker LLP, Los Angeles, LA Tyler Bryant Walker, Goodman McGuffey LLP, Atlanta, GA Ronald P. Harrell, Catalina US Insurance Services LLC, Rebecca R. Weinreich, Lewis Brisbois Bisgaard & Smith LLP, San Diego, CA Los Angeles, CA Lawrence Klein, Robinson & Cole LLP, New York, NY Kevin J. Willging, Travelers, Hunt Valley, MD Kelly M. Lippincott, Carr Maloney PC, Washington, DC Patrick E. Winters, Plunkett Cooney PC, Bloomfield Hills, MI Ling D. Ly, Travelers, Hartford, CT View faculty bios on the Insurance Coverage and Practice Denotes the DRI CLIENT CONNECTION: In-house and Symposium webpage; click on “View speakers” button. claims professional speakers ♦❯ Denotes expert Diversity and Inclusion in DRI: A Statement of Principle DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation. Diversity is a core value at DRI. Indeed, diversity, which includes sexual orientation, is f undamental to the success of the organization, and we seek out and embrace the innumerable benefits and contributions that the perspectives, backgrounds, cultures, and life experiences a diverse membership provides. Inclusiveness is the chief means to increase the diversity of DRI’s membership and leadership positions. DRI’s members and potential leaders are often also members and leaders of other defense organizations. Accordingly, DRI encourages all national, state, and local defense organizations to promote diversity and inclusion in their membership and leadership. Harassment and Discrimination DRI is committed to the policy of equal opportunity regardless of race, color, religion, sex, sexual orientation, gender, national origin and disability in all of its programs and activities, as well as maintaining an environment in our programs and activities which is free from all forms of harassment or discrimination of any kind. Pursuant to this policy, if any person who attends our programs or activities experiences unlawful discrimination or harassment, this should be reported to the Executive Director so that appropriate action may be taken. 6
Insurance Coverage and Practice Symposium | November 29–30, 2018 CLE for Your Practice September 5–7, 2018 November 8–9, 2018 Cybersecurity and Data Privacy Asbestos Medicine Loews Chicago, Chicago IL Hilton Austin, Austin, TX September 13, 2018 November 29–30, 2018 View complete list of Drug and Medical Device Primer Professional Liability DRI’s Continuing Legal Sidley Austin, Chicago, IL Sheraton New York, New York, NY Education offerings September 13–14, 2018 January 23–25, 2018 at http://dri.org/ Fire Science Litigation Women in the Law education-cle Grand Hyatt Washington, Hotel del Coronado, San Diego, CA Washington, DC January 31–February 1, 2019 September 13–14, 2018 Civil Rights and Governmental Nursing Home/ALF Litigation Tort Liability Sheraton New Orleans, San Antonion Marriott New Orleans, LA Rivercenter, San Antonio, TX November 8, 2018 February 6–8 , 2019 Construction Law Bootcamp Product Liability Conference Greenberg Traurig LLP, Chicago, IL JW Marriott Austin, Austin, TX DRI networking. At your fingertips! Use the View the program and customize your schedule DRI App View speaker bios and contact info Use the attendee list to create new connections to enhance Keep notes your seminar Access seminar materials experience Use social media links to share your experience with others NEW! Member exclusive Lawyer- Refer and track referrals to fellow members to-lawyer Schedule meetings Send messages connections Join dri social circles of interest happen within Create professional circles to facilitate business development dri circles. Video conference call functionality Search DRI App and dri circles in your app store Stay updated on DRI’s events—follow us on social media: 7
Insurance Coverage and Practice Symposium | November 29–30, 2018 SEMINAR SPONSORS DRI wishes to thank our sponsors for their support at this year’s seminar! P L AT I N U M S P O N S O R S SEMINAR SPONSORS GOLD SPONSORS S I LV E R S P O N S O R S BRONZE SPONSORS 8
Insurance Coverage and Practice Symposium November 29–30, 2018 Sheraton New York Times Square Hotel | New York, NY FORMAL NAME TITLE NAME (as you would like it to appear on badge) COMPANY/FIRM/LAW SCHOOL ADDRESS CITY STATE/PROVINCE ZIP/POST CODE TELEPHONE FAX EMAIL Please list any special needs Are you a first-time attendee at this DRI seminar? Yes No How many attorneys What is your primary are in your firm? area of practice? R E G I S T R AT I O N F E E Registration fee includes seminar attendance, networking receptions, course materials, and access to the DRI App. DRI will email a link to download the course materials to all registrants two weeks in advance of the seminar. Only members of DRI will have access to the PowerPoint presentations after the seminar. On or before After For inclusion on the preregistration Oct. 29, 2018 Oct. 29, 2018 list and to receive course materials in Member $875 $975 advance, register by November 5, 2018. Nonmember $1,195 $1,295 Government Member $575 Law Student Member FREE Litigation Skills Workshop In-House Counsel Member* FREE Workshop Discounted Fee** $225 Claims Executive Member* FREE Workshop ONLY $425 Group Discount* $775 $875 ** Must be registered for the Insurance * As defined on page 5 Coverage and Practice Symposium PAY M E N T M E T H O D 3400-0140-21 My check for (USD) is enclosed. ICP Please charge my VISA MasterCard American Express. 2018-0140B Card # Exp. Date CVC Signature Please remit payment by MAIL to: Please remit payment by COURIER to: DRI JP Morgan, Attn: DRI LBX 72225 72225 Eagle Way, Chicago, IL 60678-7252 131 S. Dearborn, 6th Floor, Chicago, IL 60603 PHONE: 312.795.1101 | FAX: 312.795.0749 | EMAIL: seminars@dri.org | WEB: dri.org
55 West Monroe Street PRSRT STD Suite 2000 U.S. POSTAGE Chicago, IL 60603 USA PAID DRI Insurance Coverage and Practice Symposium November 29–30, 2018 Sheraton New York Times Square Hotel New York, NY NEW Hands-on Litigation Skills Workshop to defend your clients in 30(B)(6) Depositions See page 2 for details.
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