2021 Insurance Coverage and Claims Institute Agenda

Insurance Coverage and Claims Institute Seminar July 22-24, 2021

*Schedule and Speakers subject to change

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Thursday, July 22, 2021

Time (Central) Program
1:00 p.m. Registration
3:00 p.m. Welcome and Introduction

Jennifer A. Ehman, Merchants Mutual Insurance Group, Buffalo, NY
Laurie C. Barbe, Steptoe & Johnson PLLC, Morgantown, WV
*Sessions will be held jointly with Insurance Bad Faith and Extra-Contractual Liability
3:10 p.m. Proactive Approaches to Avoiding Unnecessary Litigation*

Litigation can often be protracted and expensive. This presentation will discuss efforts carriers can take to be proactive with the goal of resolving matters pre-litigation or setting up the claim prior to litigation commencing. This includes effective issuance of tender letters, retention of experts, early settlement negotiations, and the use of early mediation.

Lisa N. Brennan, Markel, Chicago, IL
Alastar S. McGrath, Kozacky Weitzel McGrath PC, Chicago, IL
4:10 p.m. Primary and Umbrella/Excess Carriers – Tension and Triumphs*

When primary and excess carriers work together, they can often achieve better claim outcomes. This program will explore how carriers can work together, what duties they owe to each other, and when or if those duties may shift. It will also address when limits should be tendered, the effect of tendering limits, how different jurisdictions treat tenders in the context of the duty to defend, pre/post judgment interest issues, and dealing with disputes over coverage positions.

John M. Foley, Markel, Deerfield, IL
F. Lane Finch, Jr., Swift, Currie, McGhee & Hiers, LLP, Birmingham, AL
5:30 p.m. Women's Networking Reception
6:00 p.m. Registration and Networking Reception

Friday, July 23, 2021

Time (Central) Program
7:00 a.m. Registration and Continental Breakfast
8:00 a.m. Welcome and Introduction

Roman Lifson, Christian & Barton LLP, Richmond, VA
Jennifer A. Ehman, Merchants Mutual Insurance Group, Buffalo, NY
8:15 a.m. Going Remote: Sage Advice and Lessons Learned from the Courts, the Industry and Law Firms

COVID-19 has disrupted the way we do business and practice law. This panel consisting of a judge, industry professional and outside counsel will reflect on the changes that we have witnessed in how we communicate, litigate, share information and work toward claim/suit resolution. It will consider whether the changes we are seeing are temporary or here to stay and share tips for thriving in this new environment.

Judge Philip P. Simon, United States District Court, Northern District of Indiana 
Allison M. Burns, Ambridge Partners LLC, Chicago, IL
Robert L. Christie, Christie Law Group PLLC, Seattle, WA
9:15 a.m. Accidents in the Parking Lot: Understanding an Insurer's Additional Insured Obligations to Property Owners

Whether the loss was due to an inadequately plowed parking lot or broken concrete, frequent questions arise concerning the scope of coverage owed to property owners under policies of insurance issued to their tenants. This presentation will address how the courts have interpreted the CG 20 11 endorsement and other related endorsements, including the general scope of coverage, the interpretation of leased premises, interplay with contractual indemnity and issues related to the duty to defend.

Charles A. Hafner, Nicolaides Fink Thorpe Michaelides Sullivan LLP, Chicago, IL
10:15 a.m. Refreshment Break
10:45 a.m. Finding the Middle: Alternative Dispute Resolution in the Age of COVID-19

In the age of COVID-19, the number of cases going to trial has decreased and alternative dispute resolution is on the rise – in person and virtual. This presentation will explore how to identify when ADR is appropriate, understand when to mediate a coverage case, explore other options for resolution, virtual mediation and how it works, the platforms and logistics, sharing documents and evidence along with lessons learned after conducting hundreds of virtual mediations.

Harold J. Adkins, Hammonds, Sills, Adkins, Guice, Noah & Perkins LLP, Baton Rouge, LA
11:45 a.m. Community Service Activity: Boys & Girls Clubs of Chicago

Let’s help the Boys & Girls Clubs of Chicago start the school year right by providing them with school supplies! Why School Supplies? The Boys & Girls Clubs of Chicago strive to enable all young people, especially those in need, to reach their full potential as productive, caring, and responsible citizens. School supplies ensure that all kids have the same opportunities to start the school year right. School supplies also have a profound impact on youth and their learning experience. With the current public health crisis, more and more families are experiencing financial insecurity. As a result, many children don’t have access to essential learning tools.
With your help, we can ensure that each Club member has the supplies they need to be prepared and successful in the school year ahead. During our Friday afternoon lunch and activity break, we will gather at the hotel to stuff backpacks with school supplies for Club members ages 5-18.
11:45 a.m. Lunch (On your own)
2:00 p.m. Diversity and Inclusion Claims and Coverage: Impact of Claims Involving Race, Gender, Sexual Orientation in the Workplace

Employment practices liability coverage protects business from claims of workplace discrimination, harassment and wrongful termination based upon race, gender and sexual orientation in the workplace. This presentation considers coverage for these types of claims but also examines how restructuring organizations to encourage retention and challenging bias can reduce such claims.

Camille R. Bryant, McGlinchey Stafford PLLC, New Orleans, LA
3:00 p.m. Catastrophes and the Impact of Public Pressure and Government Action

Whether due to civil unrest, storm damage, extensions of statutes of limitation or COVID-19, or other events that result in a large number of claims, pressure is being placed on insurers by governors, state legislatures and departments of insurance to pay these claims in an expedited manner. This presentation will explore the issues and impact of public pressure and government action on insurers when presented with catastrophes, and explain how carriers can ensure claims are adjusted and fairly paid.

Rick Hammond, Insurance Claims and Litigation Consultants, LLC, Chicago, IL 
Amy E. Johnson, HeplerBroom LLC, Chicago, IL
4:00 p.m. Insurance Law Committee Meeting (Open to all)
5:00 p.m. Adjourn
6:00 p.m. Networking Reception
7:30 p.m. Dine Arounds

Join colleagues and friends at selected restaurants for dinner (on your own).

Saturday, July 24, 2021

Time (Central) Program
7:00 a.m. Registration
7:00 a.m. DRI for Life - Run/Walk

Join fellow seminar attendees in the lobby of the Swissotel Chicago around 6:45 AM as we embark on a 4.2 mile walk/run (PDF). The walk/run will start outside of the hotel, go down N. Columbus Drive, and out to Adler Planetarium. Enjoy the views of Lake Michigan and the surrounding coastline, then we'll turn around and head back.
8:00 a.m. Continental Breakfast
9:00 a.m. Welcome and Introduction

Jennifer A. Ehman, Merchants Mutual Insurance Group, Buffalo, NY
Jeff Van Volkenburg, Varner & Van Volkenburg PLLC, Clarksburg, WV
9:10 a.m. What Do I Do? Ethical Dilemmas Created by the Tripartite Relationship

Explore real-life scenarios faced by defense counsel, coverage counsel and monitoring counsel including ethical dilemmas created by the tripartite relationship and issues related to the sharing of information and providing of advice.

Todd M. Rowe, Tressler LLP, Chicago, IL
10:10 a.m. Navigating the Duty to Defend: Understanding an Insurer's Obligations to Its Insured

The duty to defend is broad, but not without limits. This presentation will explore when the duty is triggered, and what obligations insurers have when presented with situations involving poorly drafted complaints, covered and uncovered claims, and non-traditional proceedings.

Andrea L. Collins, Spyratos Davis LLC, Chicago, IL
11:10 a.m. Protecting Privilege and Work Product in Insurance Coverage Disputes

This presentation will discuss privilege and work product in the context of insurance coverage claims. It will provide practical insight into protecting communications with adjusters and in-house attorneys along with protecting documents which record counsel's impressions and/or are prepared in anticipation of litigation or trial from production to the insured or third-party claimants.

Christopher M. Jacobs, Houston Harbaugh PC, Pittsburgh, PA
12:10 p.m. Adjourn

On-Demand

Program
The Changing Landscape: Coverage Issues Arising from Data Privacy Claims

This presentation will examine cyber, professional and D&O coverage implications for data privacy claims that seek to enforce state privacy regulations (including the California Consumer Privacy Act), the GDPR and Canadian privacy legislation.

Elizabeth F. Lorell, Gordon Rees Scully Mansukhani, LLP, Florham Park, NJ
Heather Sanderson, Sanderson Law, Alberta, Canada
Climate Change and Insurance Coverage

Climate change has been blamed for the increase in frequency and severity of natural disasters such as hurricanes, floods and fires. This presentation will discuss how the insurance industry has addressed the increased risk of extreme weather, the role of modeling, and what the industry expects in the future including changes in underwriting practices and claim response.

Larry D. Mason, Goldberg Segalla LLP, Chicago, IL
Steve Bowen, Aon, Chicago, IL

DRI Cares

Boys & Girls Club

Community Service Activity Boys & Girls Clubs of Chicago

Let’s help the Boys & Girls Clubs of Chicago start the school year right by providing them with school supplies! Why School Supplies? The Boys & Girls Clubs of Chicago strive to enable all young people, especially those in need, to reach their full potential as productive, caring, and responsible citizens. School supplies ensure that all kids have the same opportunities to start the school year right. School supplies also have a profound impact on youth and their learning experience. With the current public health crisis, more and more families are experiencing financial insecurity. As a result, many children don’t have access to essential learning tools.

With your help, we can ensure that each Club member has the supplies they need to be prepared and successful in the school year ahead. During our Friday afternoon lunch and activity break, we will gather at the hotel to stuff backpacks with school supplies for Club members ages 5-18.