Insurance Coverage 2009: Claim Trends & Litigation

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

This insurance program will cover the newest developments affecting commercial general liability (CGL), property, and professional liability insurance. Our experienced faculty will analyze new legal trends, explain recent decisions imposing new standards for claim handling, and offer practical insights on insurance coverage claims and litigation today. You should attend to bring up-to-date your understanding of the emerging coverage issues and to learn about tips and traps in insurance claim handling and coverage litigation from premier attorneys in the field.

What You Will Learn

• Identify new case law trends and emerging CGL exposures that you must consider now 
• Explore coverage developments on catastrophic risks, business interruption and other first party claims
• Receive updates on professional liability coverage issues: rescission, insured vs. insured and emerging claims such as those from the subprime meltdown
• Understand "reasonable" defense arrangements, as well as how targeted claim tenders and allocation principles will be applied
• Examine the emerging issues between primary and excess insurers in complex claims
• Clarify legal obligations and rights in agent-broker relationships
• Get an overview of recent litigation over insurance claims handling and bad faith

Who Should Attend

This program is designed for insurance claim and coverage litigation managers, corporate, claims and general counsel, and underwriters, brokers, risk managers or other professionals advising clients on insurance issues. Insurance coverage litigation and counseling is a major area of law practice in the United States (and worldwide). All professionals working in this field will benefit from this program covering the most pressing issues in commercial insurance coverage claims and litigation in 2009.

Special Features

Live Webcast  - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A continental breakfast will be available upon your arrival.

Day One: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Introduction and Opening Remarks

Laura A. Foggan, Lorelie S. Masters

9:15  Advanced Issues on the Duty to Defend

• Multiple issues on multiple and additional insureds
• Conflicts among insureds
• Covered and uncovered claims

William B. Pollard, III

10:15  Break

10:30  Advanced Indemnity Issues: Judgments and Settlements

• Non-covered aspects of indemnity (punitives, non-covered claims)
• Conflicting policyholder claims to proceeds

Paul E. Breene

11:30  Special Issues Regarding Excess Coverage

• Exhaustion: horizontal vs. vertical, including treatment of SIRs
• Responses to settlement proposals
• Rights and obligations of primary and excess insurers toward one another

James E. Rocap, III

12:30  Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Key Developments: Ethics and the Tripartite Relationship

• Choice and oversight of defense counsel
• Ethics and lawyer/client duties
• Billing guidelines

Michael Sean Quinn

2:45  Agent and Broker Liability

• The duty to procure and maintain coverage
• Agents’ and brokers’ duties to the policyholder and third parties
• Liability in the case of insurer insolvency
• Agent and broker liability to insurers

Douglas R. Richmond

3:45  Break

4:00  Privilege and Confidentiality Problems

• Attorney-client privilege
• Work product doctrine
• Relationships among policyholder and defense counsel
• In-house counsel issues relating to asserting privilege

David M. Greenwald

5:00  Adjourn

Day Two: 9:00 a.m. - 4:50 p.m.

Morning Session: 9:00 a.m. - 12:05 p.m.

9:00  Introduction to Captive Insurance

• Types of captives: single owner, group, rent-a-captive
• Domicile selection
• Tax issues: federal, state, premium
• Business reasons to form captives

Arthur G. Koritzinsky

10:00  Bankruptcy Issues - Beyond Asbestos: The Importance of Insurance As an Asset and As Protection

• Insurance issues debtors should consider
• Insurance issues Directors and Officersshould consider
• Insurance issues creditors should consider
• Issues insurers should consider

Rachel S. Kronowitz

11:00  Break

11:15  Other People’s Insurance

• Successor coverage
• Additional insureds
• Issues relating to insurance for construction defects
• Resolving multiple claims to insurance

Sherilyn Pastor

12:05  Lunch

Afternoon Session: 1:30 p.m. - 4:50 p.m.

1:30  Other People’s Insurance (continued)

• Successor coverage
• Additional insureds
• Issues relating to insurance for construction defects
• Resolving multiple claims to insurance

Sherilyn Pastor

1:40  Key Directors & Officers and Fiduciary Liability Coverage Issues

• Rescission of coverage
• Insured vs. insured exclusion
• Prior acts exclusion

Mary Craig Calkins

2:40  Reinsurance

• Emerging trends in the application of “follow the fortunes” principles
• Limitations on the deference granted to cedents’ claims-handling decisions
• Recent developments relating to reinsurance audits and access to records issues
• Increased focus on the difference between treaty and facultative contracts in reinsurance claim disputes

Deirdre G. Johnson

3:40  Break

3:50  Climate Change: Coverage and Commitments

• Steps to address climate change (risks and rewards)
• Green buildings
• Coverage Implications

Theodore A. Howard

4:50  Adjourn

Faculty

Co-Chair(s)

Laura A. Foggan, Partner, Wiley Rein LLP
Lorelie S. Masters, Jenner & Block LLP

Speaker(s)

Paul E. Breene, Reed Smith LLP
Mary Craig Calkins, Partner, Howrey LLP
David M. Greenwald, Partner, Jenner & Block LLP
Theodore A. Howard, Wiley Rein LLP
Deirdre G. Johnson, Crowell & Moring LLP
Arthur G. Koritzinsky, Managing Director, Marsh Inc.
Rachel S. Kronowitz, Gilbert Oshinsky LLP
Sherilyn Pastor, McCarter & English LLP
William B. Pollard, III, Kornstein Veisz Welxer & Pollard LLP
Michael Sean Quinn, Quinn, Hayes & Quinn
Douglas R. Richmond, Senior Vice President, Aon Global Professions Practice
James E. Rocap, III, Steptoe & Johnson LLP

Program Attorney(s)

Stacey L. Greenblatt, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com