Day 1 - Monday, March 16, 2015

7:30
Registration & Continental Breakfast
8:00
Co-Chairs’ Welcoming Remarks
8:05
In-House Roundtable: Insider Perspectives on Avoiding Bad Faith and Institutional Bad Faith Claims, Feasibility of Training Claims Personnel, How Companies Are Addressing Reservation of Rights Letters, Working With an Outside Counsel,
9:45
Morning Break
10:00
Bad Faith Across Jurisdictions: Lessons Learned and Impact of Recent Verdicts to Date, Triggering of the Bad Faith Claim, New Theories Propagated by the Plaintiffs and Defense Bars, Concerns Surrounding Damages, Removal of Cases to Federal Court, and
11:15
Anatomy of a Bad Faith Case: How to Prove It from a Plaintiff’s Side and How to Avoid It from an Insurance Company’s Side
12:15
Networking Luncheon for Attendees and Speakers
1:15
The Latest on Mitigating Bad Faith Situations and What Carriers Can Do to Avoid Claims
2:35
Novel Strategies to Blunt the Impact of Set Ups
3:45
Afternoon Break
4:00
Predicting What the Future May Hold: Cyber Liability and Potential Bad Faith Issues That Could Arise
5:00
Duty to Defend: Navigating the Latest Duty to Defend Issues and Ensuring a Proper Defense
6:00
Conference Adjourns to Day Two

Day 2 - Tuesday, March 17, 2015

7:30
Continental Breakfast
8:00
View From the Bench: Judicial Views on the Latest Claims, Theories, and Discovery Issues
9:35
Discovery and Attorney-Client/Work-Product Privilege Scare: Managing the Widening Scope of Plaintiffs’ Discovery Demands, Institutional Discovery in Bad Faith Cases, and the Erosion of Attorney-Client/Work Product Privilege
10:20
Morning Break
10:30
Claims Management Best Practices: Dangers Associated With Having Derogatory Comments in Claim File Documentation and Ways to Enhance Carriers’ Claims Management to Prevent Bad Faith
11:55
Under What Circumstances Can an Insured Enter into Coblentz Agreement?
12:45
Contractual Liability for Conflicts of Interest and the Latest on Reservation and Assignment of Rights
1:45
Conference Ends

Day 1 - Monday, March 16, 2015

7:30
Registration & Continental Breakfast
8:00
Co-Chairs’ Welcoming Remarks

David A. Strauss
Member
King, Krebs & Jurgens, PLLC

Lewis F. Collins Jr.
Partner
Butler Weihmuller Katz Craig LLP

8:05
In-House Roundtable: Insider Perspectives on Avoiding Bad Faith and Institutional Bad Faith Claims, Feasibility of Training Claims Personnel, How Companies Are Addressing Reservation of Rights Letters, Working With an Outside Counsel,

Meg Weist
Assistant Vice President, Claims Legal
EMC Insurance

James B. Burns
Senior Litigation Counsel
Meadowbrook Insurance Group, Inc.

Franklin Bass
Lead Global Claims Counsel
XL Catlin

Adam P. Doherty
Assistant Vice President, Professional Lines Claims
Allied World Assurance Company

Allen W. Nelson
Executive Vice President, General Counsel, Corporate Secretary and Chief Administrative Officer
Crawford & Company

Joshua Kranz
Senior Counsel
Hiscox

Sarannah McMurtry
Vice President and Associate General Counsel
Acceptance Insurance

Larry R. Levine, Esq., CPCU
Assistant Vice President Litigation & Senior Claims Counsel
Infinity Insurance Company

Robyn L. Sondak
Senior Counsel, Travelers Bond & Specialty Insurance
Travelers

Moderator:

David A. Strauss
Member
King, Krebs & Jurgens, PLLC

Training of Claims Personnel

  • Ways to balance the need for preparing claims personnel to handle claims effectively with associated costs to the company

How are Insurers Addressing Reservation of Rights Letters?

Working With an Outside Counsel

  • How to work with the coverage counsel effectively?
  • What are an in-house counsel’s expectations when choosing an outside counsel and what does an outside counsel need from an in-house counsel?

Defense Costs Issues

  • What, in good faith, can insurer cut from defense bills?
  • What are the bad faith components to this, if any?
  • What rates may be appropriate for defense costs and 3rd party claims?

a Look at the Defense Costs Issues, and More

9:45
Morning Break
10:00
Bad Faith Across Jurisdictions: Lessons Learned and Impact of Recent Verdicts to Date, Triggering of the Bad Faith Claim, New Theories Propagated by the Plaintiffs and Defense Bars, Concerns Surrounding Damages, Removal of Cases to Federal Court, and

Jacquelyn A. Beatty
Shareholder
Karr Tuttle Campbell

Michael Cawley
Partner
Gordon Rees Scully Mansukhani, LLP

Matthew J. Smith Esq.
President
Smith, Rolfes & Skavdahl Co., L.P.A

  • Lessons learned from the recent litigation and their potential impact
  • At what point is bad faith suit triggered? Will the recent verdicts that pushed that timing back open floodgates for more bad faith litigation?
  • What types of damages can one expect to be exposed to in various jurisdictions?
  • What consequential damages is an insured allowed to cover when an insurer has wrongfully and unreasonably breached?
  • In which situations can unforeseeable damages be expected?
  • From an insureds’ stand point, what arguments and what evidence must come from an insured with respect to punitive damages?
  • Where does the case law stand on removal of cases to federal court and fraudulent joinder for purposes of defeating diversity jurisdiction? Is there legitimacy to claims against those additional parties who are being joined: Claims handlers, insurance brokers, coverage counsels, etc.?
  • Claims against brokers, adjusters and other 3rd parties: How prevalent of an issue is it?

a Look at the Trend Involving Claims Against Brokers, ​Claims Adjusters and Other Third Parties

11:15
Anatomy of a Bad Faith Case: How to Prove It from a Plaintiff’s Side and How to Avoid It from an Insurance Company’s Side

James W. Christie
Shareholder
Christie Pabarue and Young, P.C

Meghan C. Moore
Shareholder
Ver Ploeg & Lumpkin, P.A.

R. Hugh Lumpkin
Managing Shareholder
Ver Ploeg & Lumpkin, P.A.

The presenters will draw on real life examples to demonstrate how motions in limine, opening statement, witness testimony, theme choice and development, exhibit and demonstrative selection, and closing arguments have informed the outcome of bad faith trials. The presenters, who include the policyholder lawyers that obtained the punitive damage verdict in Liberty Mutual Fire Ins. Co. v. J.T. Walker Industries, Case No. 2:08 –cv-02043-MBS, will share highlights from the trial.

12:15
Networking Luncheon for Attendees and Speakers
1:15
The Latest on Mitigating Bad Faith Situations and What Carriers Can Do to Avoid Claims
2:35
Novel Strategies to Blunt the Impact of Set Ups

Deanna Johnston
Vice President Litigation & Coverage Counsel
Fireman's Fund Insurance Company

Paul S. White
Partner
Tressler LLP

Joseph T. Kissane
Partner
Cole, Scott & Kissane, P.A

Larry R. Levine, Esq., CPCU
Assistant Vice President Litigation & Senior Claims Counsel
Infinity Insurance Company

  • How to recognize set ups early? Training claims department personnel to recognize red flags early in the process
  • How to guard against it through management of claims? Better coordination between legal and claims departments may be needed?
  • What protocols should be taken into consideration?

3:45
Afternoon Break
4:00
Predicting What the Future May Hold: Cyber Liability and Potential Bad Faith Issues That Could Arise

Stephen P. Pate
Partner
Norton Rose Fulbright US LLP

Darin J. McMullen
Shareholder
Anderson Kill, P.C.

David J. McMahon
Attorney at Law
Offices of David J. McMahon

  • What coverage is potentially triggered?
  • What can one anticipate will be bad faith claims?
  • Suggested ways for companies to protect themselves
  • In what ways will companies try to get insurance coverage?
  • From bytes to bit claims: How are insurance companies treating losses?

5:00
Duty to Defend: Navigating the Latest Duty to Defend Issues and Ensuring a Proper Defense

Jay Barry Harris
Shareholder
Fineman Krekstein & Harris, P.C.

Edward Susolik
Shareholder and Chair of Insurance Group
Callahan & Blaine

Victoria H. Roberts
Vice-President & Counsel
Meadowbrook Insurance Group

6:00
Conference Adjourns to Day Two

Day 2 - Tuesday, March 17, 2015

7:30
Continental Breakfast
8:00
View From the Bench: Judicial Views on the Latest Claims, Theories, and Discovery Issues

Hon. Richard Kramer (ret.)

CA Super. Ct., San Fran.

Hon. John M. Younge

Phila. Ct. Common Pleas

Hon. Robert B. Collings

U.S. Dist. Ct., D. Mass.

Hon. Lorenzo F. Garcia

U.S. Dist. Ct., D. N.M.

Hon. Michael M. Baylson

U.S. Dist. Ct., E.D. Pa.

Hon. James L. Robart
Senior District Judge
U.S. Dist. Ct., W.D. Wash.

Hon. Donetta W. Ambrose
Senior District Judge
U.S. Dist. Ct., W.D. Pa.

Hon. Fernando J. Gaitan Jr.

U.S. Dist. Ct., W.D. Mo.

Moderator:

Paul R. Koepff
Senior Equity Partner
Clyde & Co US LLP

9:35
Discovery and Attorney-Client/Work-Product Privilege Scare: Managing the Widening Scope of Plaintiffs’ Discovery Demands, Institutional Discovery in Bad Faith Cases, and the Erosion of Attorney-Client/Work Product Privilege

Diane L. Polscer
Managing Partner, Portland
Gordon & Polscer, L.L.C

Matthew Sekits
Shareholder-in-Charge
Bullivant Houser Bailey PC

  • Update on attorney-client/work product privilege nationwide and what do litigators need to know
  • Can anyone say what information is discoverable these days? What is the role of an in-house counsel with respect to attorney-client privilege and protection that comes with it? Where is the line drawn between being a legal adviser versus being a business partner? How much of the information used in the decision making that goes inside the file is discoverable in bad faith litigation and how much of it is privileged?
  • Recent court decisions seem to be eroding the privilege
  • Whether policy holder/insured is entitled to discover communications between insurer and outside/inside counsel up to the point in time when the claim is denied
  • Ways to manage elaborate and burdensome Plaintiffs’ discovery requests
  • Asking Plaintiffs to make more specific demands
  • Understanding the recent trends associated with policy holders’ going after evidence of other unrelated claims to prove a pattern of behavior within an insurance company

10:20
Morning Break
10:30
Claims Management Best Practices: Dangers Associated With Having Derogatory Comments in Claim File Documentation and Ways to Enhance Carriers’ Claims Management to Prevent Bad Faith

A. Peter Prinsen
Vice President and General Counsel
The Graham Company

Bill Gaydos
Claims Director
Advanced Claims Concepts, Inc.

Alicia G. Curran
Member
Cozen O'Connor

Steven Plitt
Senior Member
The Cavanagh Law Firm

Franklin Bass
Lead Global Claims Counsel
XL Catlin

  • Claims handlers’ work load
  • Meeting claims handlers’ training needs and improving claims handling protocols
  • Treating the claim file as if it will be evidence in a case and the importance of documenting information in a file appropriately
    • Avoiding derogatory statements in claim file documents

11:55
Under What Circumstances Can an Insured Enter into Coblentz Agreement?

Lauren S. Curtis
Partner
Traub Lieberman Straus & Shrewsberry LLP

Lewis F. Collins Jr.
Partner
Butler Weihmuller Katz Craig LLP

  • When coverage is denied?
  • When reservation of rights is served?
  • When defense is rejected?
  • When excess coverage is involved?

12:45
Contractual Liability for Conflicts of Interest and the Latest on Reservation and Assignment of Rights

Marshall J. Walthew
Partner
Pepper Hamilton LLP

Edward J. Currie Jr.
Shareholder
Currie Johnson Griffin & Myers, PA

Craig L. Reese
Partner
Fletcher, Farley, Shipman & Salinas, LLP

  • When an insurer defends the insured under the reservation of rights, can a conflict of interest between an insurer and the insured potentially amount to bad faith?
  • Should insurer split the claim file between defense of the insured and use of information that the insured provides?
  • How is defense of the insured handled? Did insurer properly defend the case? Is cumis counsel required?
  • Whether an insurance company providing defense under reservation of rights is required to permit insured to select more than one defense counsel; If insurer refuses to pay for an additional counsel, can that be construed as bad faith?
  • Can or can’t rights be assigned? Is penalty personal to insured or akin to tort and can be assigned?

(Featuring 30 minutes of CLE-Ethics credit)

1:45
Conference Ends