Day 1 - Thursday, June 2, 2016

7:20
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome
8:00
In-House Perspectives on Avoiding Claims; Claims Management Best Practices; Recouping of Defense Costs; Selecting Counsel Given Conflicts Between Insured and Insurer; Managing and Paying an Outside Counsel; and Jury Trials
9:30
Break
9:35
State of the Market for High-Profile Bad Faith Cases and High-Dollar Verdicts Across the Country: Hotbed States Including Missouri, Washington, Florida, South Carolina, Georgia; Key Filing Trends and Rulings; Unfair Trade Practices, Fair Conduct and
10:40
The Ever Changing Duty to Defend and How It’s Currently Leading to Bad Faith
11:25
View From the Bench, Including Insights on the Economic Loss Rule and Contractual Limitations
1:25
Networking Luncheon
2:20
Carriers Failing to Properly Investigate Claims Involving Requests for Additional Insurance Coverage: The Growth of Bad Faith Claims and Court Expansion of Additional Insured Duty to Defend
3:00
Break
3:05
Creative Bad Faith Set Ups: Preventive Strategies and Techniques with Regard to Open Limits, Policy Limit Demands, and Time Limit Demand Letters
4:00
Consent Judgments: Strategies in Bad Faith Claims Given the Use of Consent Judgments to Box in Primary and Excess Carriers, Including “Cunningham” Agreement Nuances
4:55
Carrier’s Duty to Initiate Settlement Negotiations in the Absence of a Demand: What’s Considered Bad Faith for Failing to Initiate Settlement Offers Where There is No Demand?
5:50
Bad Faith Discovery: What’s Discoverable, What’s Not, and What Might Be Deemed Discoverable Given the 2015 FRCP Amendments, and How to Adapt to States that Don’t Adopt Changes to Federal Rules
6:35
Conference Adjourns to Day Two

Day 2 - Friday, June 3, 2016

7:30
Continental Breakfast
8:00
The “Claim File” in the Digital Universe: Not Your Father’s Sectioned Paper File Folder with Sticky Notes and Coffee Stains
8:55
Dealing With Increased Requests for Corporate Witness Depositions and Preparing Company Witnesses for Testimony (at Depositions and Trial): Witness and Preparing Lawyer Strategies
9:40
Morning Break
9:50
Overcoming Latest Challenges With Institutional Bad Faith Claims, including Institutional Bad Faith Discovery
10:35
Bad Faith in Relation to Excess Coverage/Excess Policy Claims and Inter-Company Bad Faith Claims
11:20
Resolving Thorny Issues With Regard to Independent/Cumis Counsel
12:15
Recoupment/Reimbursement: Balancing Between Settling Cases Against the Insured while Preserving Coverage Claims for Recoupment or Reimbursement
1:00
Networking Luncheon
2:00
The Style, Substance and Dynamics Of Insurance Bad Faith Case Mediations
3:00
Negotiating the Tripartite Relationship of Claims Professionals, Defense Attorneys and Policyholder Attorneys: Working Together to Ensure the Ethical Investigation and Defense of a Bad Faith Claim
4:00
Conference Ends

Day 1 - Thursday, June 2, 2016

7:20
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome

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

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

8:00
In-House Perspectives on Avoiding Claims; Claims Management Best Practices; Recouping of Defense Costs; Selecting Counsel Given Conflicts Between Insured and Insurer; Managing and Paying an Outside Counsel; and Jury Trials

Paul C. Garrison
Director, Corporate Litigation
Infinity Insurance Company

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

Rob Tameler
Claims Manager
ALPS Property & Casualty Insurance Company

Meg Weist
Assistant Vice President, Claims Legal
EMC Insurance

Joshua Kranz
Senior Counsel
Hiscox

Bill Gaydos
Claims Director
Advanced Claims Concepts, Inc.

Thomas E. Allison-Couto Esq.
Assistant Vice President
Chubb & Son, a division of Federal Insurance Company

Sarannah McMurtry
Vice President and Associate General Counsel
Acceptance Insurance

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

Moderator:

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

9:30
Break
9:35
State of the Market for High-Profile Bad Faith Cases and High-Dollar Verdicts Across the Country: Hotbed States Including Missouri, Washington, Florida, South Carolina, Georgia; Key Filing Trends and Rulings; Unfair Trade Practices, Fair Conduct and

Anthony L. Martin
Shareholder
Sandberg Phoenix & von Gontard P.C

Michael K. Kiernan Esq.
Managing Partner, St. Petersburg
Traub Lieberman Straus & Shrewsberry LLP

Jacquelyn A. Beatty
Shareholder
Karr Tuttle Campbell

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

This panel will provide you with the latest developments, emerging issues, trends, and the current pulse of the market and industry. Top outside counsel from hotbed states will give you an in-depth examination of the year’s most challenging issues and recommendations for how practitioners can update their litigation
strategies in response to the new developments going forward.

Topics include:

  • Bad Faith across Jurisdictions: recent extra-contractual cases from
    across the country
  • Recent Bad Faith Decisions and key undecided cases
  • Treatment of insurers in key jurisdictions including Florida, Missouri, Washington State, South Carolina, Georgia
  • Combating increasingly oppressive statutory, regulatory and case law in various states against insurers which makes it too easy to claim “bad faith” and makes it almost impossible for insurers to do business in those jurisdictions
  • New causes of action ie: RICO
  • Statutory damages – A number of statutes have created statutory claims that can be asserted in addition to common law bad faith claims. In Washington, for example, a claim under the Insurance Fair Conduct Act (“IFCA”) allows an award of three times the actual damages, and requires an award of attorney fees for a violation of the act. These statutes give insureds significantly more leverage, even on claims that may not have any merit. Further, the construction and application of these statutes have given rise to extensive litigation
  • Unfair trade practices laws: the interplay of Unfair Claims Practices Act and claims of bad faith
  • Size of the verdicts on the underlying cases; huge dollar verdicts increases the exposure if guess wrong on trial outcomes
  • Bad faith punitive damages: Latest Trends and Theories You will find this session invaluable for getting up to speed on the latest developments, cases, and strategies while maximizing your opportunity to engage in the advanced discussion that is the hallmark of the conference.

​RICO Developments; and Latest Nuances in Statutory and Punitive Damages

10:40
The Ever Changing Duty to Defend and How It’s Currently Leading to Bad Faith

Linda D. Kornfeld
Managing Partner
Kasowitz, Benson, Torres & Friedman LLP

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

  • Addressing the return to “traditional” pre-Campbell litigation, where a bad faith claim is appended to a breach of contract claim
  • The threat of bad faith claims as a bargaining chip to secure coverage where the underlying litigation is high-dollar, high-stakes litigation
  • An increasing number of bad faith suits being filed on higher-limit
    policies, such as CGL policies
  • Courts across the nation view the CGL policy through a revisionist lens and look for ways to liberally apply the same to losses which were never intended to be covered by the CGL. As a result, companies routinely deny claims which appear strong denials which are later revised by judges. This in turn creates a breach of contractual duties and leads to a case of Bad Faith against the insurer. What are the strategies in response to this?

11:25
View From the Bench, Including Insights on the Economic Loss Rule and Contractual Limitations

Hon. John W. Madden IV

Colo. 2nd Jud. Dist. Court

Hon. James P. O’Hara

U.S. Dist. Ct., D. Kan.

Hon. Lisa P. Lenihan

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

Hon. Tonianne J. Bongiovanni
Magistrate Judge
U.S. Dist. Ct., D.N.J.

Hon. F.A. Gossett, III
Magistrate Judge
U.S. Dist. Ct., D. Neb.

Hon. Eric F. Melgren

U.S. Dist. Ct., D. Kan.

Hon. George C. Steeh
District Judge
U.S. Dist. Ct., E.D. Mich.

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

Hon. Joy Flowers Conti
Chief District Judge
U.S. Dist. Ct., W.D. Pa.

Hon. Nancy F. Atlas

U.S. Dist. Ct., S.D. Tx

Hon. Ruben Castillo
Chief Judge
U.S. Dist. Ct., N.D. Ill.

Moderator:

Robert M. Forni Jr., Esq.
Partner
Ropers, Majeski, Kohn & Bentley PC

A unique opportunity to hear how federal and state judges interpret arguments and evidence in the extra-contractual & bad faith context

1:25
Networking Luncheon
2:20
Carriers Failing to Properly Investigate Claims Involving Requests for Additional Insurance Coverage: The Growth of Bad Faith Claims and Court Expansion of Additional Insured Duty to Defend

Michael Cawley
Partner
Gordon Rees Scully Mansukhani, LLP

Robin Taylor Symons
Miami Office Co-Managing Partner
Gordon Rees Scully Mansukhani, LLP

  • Additional Insured Duty to Defend expansion by courts – what’s now the nexus for “arising out of”?
  • Issues with regard to contracts between one party that agrees to defend and indemnify another party being ignored and coverage denied
    • Claim reps making the decisions not acknowledging the rights of the additional insured under the policy, particularly when it comes to providing a defense. Parties are more understanding of their rights in the face of these denials and Bad Faith claims are growing as a result. What are the best strategies in response to this growth?

3:00
Break
3:05
Creative Bad Faith Set Ups: Preventive Strategies and Techniques with Regard to Open Limits, Policy Limit Demands, and Time Limit Demand Letters

Paul L. Nettleton
Shareholder
Carlton Fields Jorden Burt, P.A.

Steven Plitt
Senior Member
The Cavanagh Law Firm

Kevin J. Willging
Executive Counsel
Travelers

  • Cognizance of bad faith set ups
  • Demonstrating your company good faith claim handling: Whether, when and to what extent the insurer has a defense that there is a good faith dispute or that the dispute is reasonably debatable, such that it defeats the bad faith/extra contractual liability claim
  • Unreasonable time limit demands as the basis of subsequent bad faith claims – obligations, strategies and techniques
  • Responding to policy limit demands
  • Policy limits demands and how the improper handling of them can lead to bad faith claims: Does the claim that the demand was a setup provide any protection to an insurer in a bad faith claim?
  • Allegations of bad faith failure to settle within policy limits (not necessarily policy limits demands), particularly when the rejection
    of a settlement demand is due in part or in full to coverage issues
  • Continual use of time limit demand letters: do they comply with
    state statutes?
  • Easing anxiety between carriers and insureds and lowering costs of handling litigation given use of demand letters to set up a potential excess recovery and subsequent Bad Faith claim
    • What are the state legislatures and court’s ruling on the letters’ sufficiency to establish Bad Faith?
    • Dealing with unrealistic demands which fail statutorily because they fail to provide all relevant information in a timely manner to properly review the claims and/or demand

4:00
Consent Judgments: Strategies in Bad Faith Claims Given the Use of Consent Judgments to Box in Primary and Excess Carriers, Including “Cunningham” Agreement Nuances

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

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

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

  • Dealing with challenges insurers face as a result of the threat of the insured entering into a consent judgment with the claimant in cases of questionable liability but high exposure
  • Addressing insureds anxiety about the risk of a judgment that may be in excess of policy limits or not covered
  • Strategies for defending bad faith claims involving consent judgments
  • In situations with multiple layers of coverage, the primary insurer pays its policy limits and agrees (with the insured) to a consent judgment in excess of its primary policy limits. This is done without the agreement or approval of the excess carrier. The injured plaintiff then sues the excess carrier for bad faith, alleging a failure to defend. How do you handle these situations?
  • The insured alleging that it is bad faith for his/her carrier to refuse to enter into a “Cunningham” agreement when liability is clear or damages clearly exceed its policy limit. How do you handle these situations?

4:55
Carrier’s Duty to Initiate Settlement Negotiations in the Absence of a Demand: What’s Considered Bad Faith for Failing to Initiate Settlement Offers Where There is No Demand?

Nicholas J. Boos
Partner
Sedgwick LLP

Mark S. Shapiro
Of Counsel
Akerman LLP

Lorelie S. Masters
Partner
Perkins Coie LLP

5:50
Bad Faith Discovery: What’s Discoverable, What’s Not, and What Might Be Deemed Discoverable Given the 2015 FRCP Amendments, and How to Adapt to States that Don’t Adopt Changes to Federal Rules

Peter A. Halprin
Attorney
Anderson Kill P.C.

Matthew Sekits
Shareholder-in-Charge
Bullivant Houser Bailey PC

  • Scope under Rule 26(b)(1) and the impact of proportionality, especially on pattern and practice claims
  • ESI protocols and issues
  • Discovery disputes– court conference with letter to the judge vs. 30 page reciprocal motions to compel
  • State courts may not adopt the changes to the federal rules and their resources are increasingly restricted. How does this impact bad faith litigation and what can we do to adjust to the new reality?

6:35
Conference Adjourns to Day Two

Day 2 - Friday, June 3, 2016

7:30
Continental Breakfast
8:00
The “Claim File” in the Digital Universe: Not Your Father’s Sectioned Paper File Folder with Sticky Notes and Coffee Stains

Kevin Quinley
Principal
Quinley Risk Associates LLC

Lance Albright
Vice President Claims Relationship Management
QBE North America

Robert K. Scott
Partner
Newmeyer & Dillion LLP

  • What is now considered a “claim file” given new school electronic
    touchpoints such as IM’s, emails, text messages, social media, and
    cloud data?
  • Defensive and offensive claims-specific discovery involving all these electronic touchpoints
  • Challenge the over-broad discovery requests involving these electronic touchpoints

8:55
Dealing With Increased Requests for Corporate Witness Depositions and Preparing Company Witnesses for Testimony (at Depositions and Trial): Witness and Preparing Lawyer Strategies

E. Kay Fuller
Director of Business Development
Martin & Seibert, L.C.

Scott Lewis
Partner
Hedrick Gardner Kincheloe & Garofalo LLP

These depositions present complex challenges and serious potential
exposure for a company. Counsel must strategically determine who
should represent the corporation at the deposition, how much preparation
is sufficient, and how to tackle privilege issues. This session will help
you explain the key steps for minimizing risk, successfully responding
to a deposition notice and selecting and preparing witnesses for the
deposition. Discussion will also center around the fact that mergers and
acquisitions of insurers may result in the loss of institutional knowledge
for 30(b)(6) witness depositions, which may mean that some ESI is
institutionally lost or that claim file systems become anachronistic.

9:40
Morning Break
9:50
Overcoming Latest Challenges With Institutional Bad Faith Claims, including Institutional Bad Faith Discovery

Michael A. Monteverde
Attorney
Bressler, Amery & Ross, P.C.

Jon T. Neumann
Partner
Steptoe & Johnson LLP

  • Avoiding and defeating latest Institutional Bad Faith Claims, including those related to Adjuster Compensation Plans
  • The Use of Institutional Bad Faith Discovery As Leverage To Force
    Settlements Rather Than Seek Pertinent Information: defending against these broad attacks

10:35
Bad Faith in Relation to Excess Coverage/Excess Policy Claims and Inter-Company Bad Faith Claims

William J. Kobokovich, Jr.
Associate Group General Counsel, Claim Legal Extra Contractual & Reinsurance
Travelers

Stephen P. Pate
Partner
Norton Rose Fulbright US LLP

  • Duties owed between primary and excess insurers and between
    insured and the excess carrier
  • When can an excess insurer sue a primary insurer for bad faith: availability and viability of an excess vs. primary or lower level bad
    faith claim
  • What are some of the theories upon which one insurer might sue another for bad faith
  • What defenses are available to the primary insurer?
  • Excess carrier vigilance in safeguarding their rights and fulfilling
    their duties
  • Pro-active involvement by excess carriers
  • Counsel retained by excess carriers cognizance of heightened expectations
  • Notice to the excess insurer: When handling claims with excess verdict potential, primary insurers diligence in providing status updates to excess carriers and allowing the excess an opportunity to provide input
  • Inter-Company Bad Faith Claims and extra-contractual claims between two carriers — strategies for defending these claims

11:20
Resolving Thorny Issues With Regard to Independent/Cumis Counsel

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

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

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

  • When is Independent/Cumis counsel required
  • Complications when independent counsel selected by the insured
    is defending the claim, and when the defense costs skyrocket.
  • Practical considerations relating to the defense in light of independent counsel issues where insurers appoint defense counsel who are not experienced in particular areas or staffing limitations interfere with the defense

12:15
Recoupment/Reimbursement: Balancing Between Settling Cases Against the Insured while Preserving Coverage Claims for Recoupment or Reimbursement

Robert N. Kelly
Director
Jackson & Campbell, P.C.

Gretchen A. Ramos
Partner
Squire Patton Boggs (US) LLP

1:00
Networking Luncheon
2:00
The Style, Substance and Dynamics Of Insurance Bad Faith Case Mediations

Douglas deVries
Mediator
deVries Dispute Resolution/Judicate West

Arnold R. Levinson
Mediator
ADR Services

  • Dynamics of negotiation specific to bad faith cases
  • Mediator styles and their implications regarding efficacy and ethics in bad faith cases
  • Bad faith case-related valuation and negotiation approaches and strategies

3:00
Negotiating the Tripartite Relationship of Claims Professionals, Defense Attorneys and Policyholder Attorneys: Working Together to Ensure the Ethical Investigation and Defense of a Bad Faith Claim

Kenneth P. Carter CPCU
Sr. Corporate Casualty Claim Manager
Merchants Insurance Group

Thomas A. Marrinson
Partner
Reed Smith LLP

​ (featuring 30 minutes of CLE-Ethics)

4:00
Conference Ends