February 28-
March 1, 2008
Ritz-Carlton Marina
Del Rey Hotel
Marina Del Rey, CA
Dear Colleagues:
The Insurance Coverage Litigation Committee of the Tort Trial & Insurance Practice Section (TIPS) is holding its 2008 Annual Midyear Meeting at the Ritz-Carlton Hotel, Marina Del Rey, California on February 28, 2008 – March 1, 2008. As Chair of the Insurance Coverage Litigation Committee, I want to extend a personal invitation and encourage you all to join us in Southern California to take advantage of this unique opportunity to benefit and expand your insurance coverage practice. A tremendous amount of effort has gone into the planning of this year’s program and, undoubtedly, it offers some of the best educational opportunities available. The Insurance Coverage Litigation Committee of TIPS has a tradition of putting on a broad-based, balanced CLE program, and this year is no exception. Insurance lawyers and related professionals will lead lively discussions on a range of important cutting edge topics. These topics include (1) current trends in employment practices liability and the coverage issues associated therewith; (2) trigger of coverage, allocation, number of occurrences and other topics related to long-tail and large loss claims; (3) current issues under E&O and D&O policies; (4) controlling the defense and who has the right to settle under liability policies; (5) coverage for construction defects and whether there exists an “occurrence”; (6) an insurer’s duty to provide a defense and the insurer’s right to recoup defense costs either paid in error or incurred to defend non-covered claims; and (7) the tri-partite relationship in situations where the insurer has issued a reservation of rights.
Unlike many programs, all topics will be presented in a balanced manner with the views of both the policyholder and insurer represented. Where else will you get a chance to ask the other side what they are thinking or how they will present their case? In addition, as always, the program not only includes a question and answer period for each topic, but it is designed to encourage audience participation. Make sure to bring that nagging question and have it answered by faculty members who will freely give of their wealth of talent and knowledge.
Our program also promises great social and networking opportunities. This year’s Thursday night welcome reception and dinner will be held at the Ritz-Carlton. The reception will be sponsored by our friends at the International Risk Management Institute. On Friday, an equally entertaining reception will occur at the hotel followed by a dine around town. The Ritz-Carlton at Marina Del Rey offers a spectacular setting for our social and networking activities. Attend the conference and partake of all there is to see and do in Marina Del Rey and the surrounding area.
On a personal note, I have been involved in the Insurance Coverage Litigation Committee for over a decade. Its midyear meeting has offered some of the best CLE programming on insurance coverage that I have ever attended. For me, the meeting is the highlight of my professional year. This year will be no exception. Please mark your calendar and plan to attend. It is my personal goal to make every attendee feel welcome and to get as much out of this program as is desired.
I look forward to seeing you at the Ritz!
Chair, TIPS Insurance Coverage Litigation Committee
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
Boston, MA
CLE
MUTINY OR BOUNTY: EMPLOYMENT-PRACTICES CLAIMS AND INSURANCE
Employment-practices liability litigation – wrongful termination, overtime, wage
and hour, discrimination, EEOC actions – is burgeoning, and the cases take the
form of individual claims, class actions, and governmental proceedings.
Increasingly, small and large businesses alike are looking to insure against the risk
of employment-liability litigation. Learn what the current trends are on the liability
front and what the current offerings are in the Employment Practices Liability
Insurance (EPLI) market. Coverage disputes are beginning to work through the
system, centering on questions of number of occurrences/claims, whether remedies
are covered “damages" and control of defense and settlement. The cutting
edge of coverage litigation, new insurance-product offerings, and the shape of
employment-related litigation are all key areas that will be explored.
SHOW ME THE MONEY!
Long-tail and large loss claims cause policyholder’s counsel to attempt to “trigger”
as many years of coverage as possible. Insurers will vigorously resist, but
even if many years are triggered, the battle has only begun. Intense high-stakes
struggles over additional coverage will follow, requiring a firm grasp of concepts
such as all sums, number of occurrences, exhaustion, deductibles, replenishment,
other insurance and non-cumulation. This panel, with both policyholder's
counsel and insurer’s counsel, will discuss these building blocks of allocation;
and will use interactive visual examples of how these concepts can dramatically
affect the availability of policies and limits.
TOOLBOX TOPICS
1. Complex Pollution Coverage
2. Internal Investigations and Fidelity Coverage
3. Global Warming Liability/Insurance Issues
.
4. Unexpected Excess Verdicts
5. Hurricane Damage and the Flood Exclusion
6. D&O Side A Coverage Issues
7. Aggregate Multiple Asbestos Claims to Reach Excess Layer
8. Insurer’s Duty to Disclaim Coverage Where Multiple Tenders are Made for the Same Occurrence/Loss
9. Effective Construction of a Juror Questionnaire in Insurance Matters
10. Who pays? Issues of Property Damage and Site Restoration as the Result of Government Environmental Response Actions
11. New Ways to Win at Mediation
NAVIGATING CURRENT ISSUES UNDER E&O AND D&O POLICIES
The expansion of legal and factual liability theories asserted against E&O and D&O
insureds has presented a new wave of coverage issues and potential financial exposure
under E&O and D&O policies. Insurers and insureds must carefully analyze the effect
of these changes on their respective rights and obligations, particularly in light of recent
legal decisions in both the liability and coverage arenas. Some of the questions facing
both insurers and insureds include: “which individuals are entitled to coverage consideration,”
“what constitutes covered ‘professional services’,” “when do a series of claims
become ‘interrelated’ triggering coverage under only one policy and one deductible”,
“what is covered ‘Loss’” and “how do ‘conduct’ exclusions influence the parties’ rights
and obligations prior to the resolution of a claim.” This panel will interactively explore
these and other issues from the standpoint of insurers and insureds under E&O and D&O
policies by addressing policy issues, coverage issues presented and significant case law
impacting coverage analysis.
CONTROLLING THE DEFENSE—WHO HAS THE RIGHT TO SETTLE?
Issues regarding consent to settle under liability insurance policies are an increasing
source of insurer/policyholder disputes. This session will address problems posed by settlement
of claims where there are multiple insureds, where one or more insureds refuses
to settle; settlement without consent of insured/insurer; settlement issues with professional
liability policies; hammer clauses; and settlement in conjunction with coverage/reservation of rights issues.
SMOOTH SAILING OR CHOPPY SEAS?—COVERAGE FOR CONSTRUCTION DEFECTS
Contractors often look to a commercial general liability policy to provide them protection
against construction defect claims. Whether coverage exists often hinges on whether the
facts of the claim constitute “an occurrence.” Even if the court finds that an occurrence
has triggered coverage, the courts have wrestled with what damages are actually recoverable
and by whom, the named insured and/or the additional insured. See how courts have handled
the definition of occurrence and the damages that may be recoverable for certain insureds and
how insurance companies have modified their policy forms to address such rulings.
SECURING THE ADVANTAGE IN THE DEFENSE COSTS TUG-OF-WAR
Recent cases demonstrate that the scope of an insurer’s duty to provide a defense continues
to evade a uniform approach. While insurers persist on policy interpretations that
restrict their related obligations, insureds encourage broader constructions. The resistance
from both perspectives sometimes progresses through demands by insurers to recoup
defense costs either paid in error or to litigate non-covered claims. The outcome of this
recurring struggle can vary widely by jurisdiction based on the litigation’s subject matter.
You will explore the contrasting nuances and latest developments in this area of law
through the presentation and dialogue of this seasoned panel.
ETHICAL TIDAL WAVES AND LOGISTICAL SWAMPS IN THE TRI-PARTITE
RELATIONSHIP
This panel will address the many murky ethical and logistical issues that all players— insurers,
insureds, retained defense counsel, independent defense counsel, and coverage counsel—
have to consider in the famous “tri-partite relationship.” The panel will address how
sticky these ethical and logistical issues can be in situations where an insurer has reserved
its rights to deny coverage (Cumis/Peppers conflict of interests). The panel will also address
how unclear these issues can be where “named insureds” and “additional insureds” are
both involved in the same litigation. The panel will provide practical pointers in various situations
and types of claims for these emerging issues.
Hotel
Hotel Deadline: January 28 , 2008
Advance Registration Deadline: January 28, 2008
For Reservations call 310/823-1700. A limited number of rooms have been blocked for program registrants of the ABA TIPS Insurance Coverage Litigation Committee Meeting at the Ritz-Carlton Marina Del Rey Hotel, 4375 Admiralty Way, Marina del Rey, CA 90292, for a hotel room rate of $260.00 single/double plus 13.1% tax. For reservations, please call the hotel directly at 310/823-1700. The room block will be held until exhausted or until Monday, January 28, 2008, at 5:00 p.m. (CST). After the meeting specified hotel deadline, reservations will be confirmed based on availability. Please refer to the ABA TIPS Insurance Coverage Litigation Committee Meeting when calling the hotel to make reservations. Hotel check-in is 3:00 p.m. and checkout is 12:00 p.m. (noon). All reservations must be guaranteed by credit card or deposit check for one-night’s room and tax. Individuals with guaranteed reservations must cancel their reservations 72 hours prior to the scheduled day of arrival to avoid a one-night cancellation charge.
Registration
You can Register online or download the registration form in the brochure and mail, or fax to 312/988-6230 by January 28, 2008. The registration fee includes admission to the program, course materials, continental breakfast, breaks, and reception. If you wish to have your name appear on the pre registration list distributed at the program, ALL registration forms must be received no later than the registration deadline of January 28, 2008. Registration reservations will be confirmed in writing within 10 business days.
Register Online Today!
| Registration Fees - Per Person | Before January 28, 2008 |
After January 28, 2008 |
|---|---|---|
| TIPS Member | $525 |
$550 |
| General Attendee | $600 |
$625 |
| Law Student | $200 |
$200 |
| Social Event Fees- per person | Before January 28, 2008 |
After January 28, 2008 |
|---|---|---|
| Thursday Opening Reception | Included |
Included |
| Thursday Night Dinner | $75 |
$75 |
| Friday Tool Box Lunch Session (Attendee) | Included |
Included |
| Friday Tool Box Lunch Session (Spouse/Guest) | $55 |
$55 |
| Friday Cocktail Reception | Included |
Included |
| Materials: | ||
| Printed Program Materials | $35 |
$35 |
* For questions regarding this program, please contact: Debra Dotson at 312/988-5597.