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Insurance Coverage Litigation Committee CLE Seminar

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Insurance Coverage Litigation Committee CLE Seminar Powered By Docstoc
					Insurance Coverage
Litigation Committee
CLE Seminar




                                                 March 1–3, 2012
                                                 Loews Ventana Canyon
                                                 Tucson, AZ
                                                 http://ambar.org/litinscleseminar

  11.5 hours of MCLE credit, including 1.0 hour of ethics credit, have been requested in 60-minute states, and
  13.8 hours of MCLE credit, including 1.2 hours of ethics credit, have been requested in 50-minute states.
Join Us
Why You Should Attend
Insurance touches every aspect of litigation. In today’s economy, it is critical to stay informed on the latest
trends in the law. Join many of the nation’s top insurance company and policyholders’ counsel and other
industry leaders at the Insurance Coverage Litigation Committee Annual CLE Seminar. This year’s program
once again will provide the same high-quality presentations and valuable networking opportunities as
prior ICLC programs.


What You Will Learn
n   How to make rain. Learn what clients really want from their lawyers and how to expand business.
n   When disasters strike. How insurance coverage can assist the construction, energy,
    and hospitality industries.
n   The credit crisis and how D & O coverage may help pay for these claims.
n   How to present coverage issues at trial. Can you make insurance issues interesting?
    Can you overcome insurer bias? Learn from practitioners who have faced these challenges.
n   Overlooked and underutilized provisions in insurance policies.
n   Privilege issues in insurance coverage litigation.
n   Can a policyholder recover consequential damages in the absence of bad faith?


Who Should Attend
n   All attorneys who litigate in the area of insurance coverage.
n   In-house counsel and seasoned practitioners needing an update from the leading trial lawyers,
    experts and members of the judiciary on the latest legal developments.


Thank you to our 2012 Insurance Coverage Litigation Committee
Co-Chairs and Seminar Co-Chairs
Committee Co-Chairs               Seminar Co-Chairs                Seminar Vice Chairs
Mary Craig Calkins                Linda Klamm                      Suzan Charlton
Ronald L. Kammer                  John Mumford                     Rahul Karnani
                                                SCHEDULE AT A gLAnCE



Wednesday, February 29, 2012                    10:15 am – 10:30 am
                                                Coffee Break
6:30 pm – 7:30 pm
Early Bird Cocktail Reception                   10:30 am – 11:30 am
                                                cLe breakout sessions
Thursday, March 1, 2012
                                                n   Now You See It; Now You Don’t: Recent
11:00 am – 6:00 pm                                  Developments Bearing on Coverage for and
Registration                                        Recoupment of Defense Costs
11:00 am – 12:00 pm cLe Lexisnexis Panel        n   ICLC Idol 2012—The Deposition
Comprehensive Research Strategies               n   Class Actions on Insurance Coverage
for Insurance Coverage Issues
                                                n   The New Generation of Environmental Claims
1:00 pm – 2:10 pm      cLe Plenary session
                                                11:35 am – 12:35 pm
The Credit Crisis and D&O Insurance
                                                cLe breakout sessions
Coverage: Challenges Facing Insureds,
                                                n   Hidden Traps or Hidden Treasures—The
Insurers and Regulators
                                                    Underestimated Role of Often Overlooked
2:15 pm – 3:20 pm      cLe Plenary session          Policy Provisions
2011–2012: Emerging Trends in Coverage
                                                n   Please Excuse the Delay: The Consequences
for Construction Risks
                                                    of Untimely Notice, Slow Investigation, and the
3:20 pm – 3:35 pm                                   Failure to Communicate
Coffee Break                                    n   A Tale of Two Towers: When Professional
3:35 pm – 4:45 pm     Plenary session               Liability and D&O Coverage are Both Implicated
Lessons on Making Rain in the Desert:           n   Hey! Give Me Back That Document! Privilege
From the Movies to Reality                          Issues in Insurance Coverage Disputes
4:55 pm – 5:30 pm                               12:35 pm – 2:00 pm
Subcommittee Meet-ups                           roundtable Luncheon (Ticketed Event: $55)
4:55 pm – 5:55 pm                               1. Do Lower Premiums Pay? Issues in High
Managing Editors of Coverage Meeting            Deductible/SIR and Retrospectively Rated Policies
6:00 pm – 7:00 pm                               2. Who Pays the Deductible When the
In-House and Diversity Reception                Policyholder Is Insolvent?
6:30 pm – 8:00 pm                               3. Additional Insured Coverage and Indemnify
Welcome Reception                               Agreements: Allocating Liability Between Multiple
                                                Insureds and Their Insurers
Friday, March 2, 2012                           4. Get Your Damn Hands Off my Drafting
7:00 am – 12:35 pm                              Histories: Back to the Future on the Age-Old
Registration                                    Discovery Dispute
7:00 am – 8:00 am                               5. What Do You Really Need and How Do You
Continental Breakfast                           Get It? A Practical Discussion about Collecting
                                                Key Evidence in Coverage Cases
8:00 am – 9:05 am     cLe Plenary session
The Perfect 10—Invaluable Tips for Litigation   6. Mastering E-Discovery—Before It Masters You
Your Insurance Coverage Case                    7. Understanding the Treatment of the “Same,
                                                Related, or Interrelated” Acts or Claims Provisions
9:10 am – 10:15 am cLe Plenary session
                                                in Claims-Made Policies
Coverage Issues for Catastrophic Events



                                                                                         Continued...   1
    SCHEDULE AT A gLAnCE


    scheduLe aT a gLance Continued...

    8. The Insurer’s Right of Rescission in D&O         7:00 am – 8:00 am
    Policies: When Can a Policyholder’s Reps and        Continental Breakfast
    Warranties in its Application Void Coverage?        7:00 am – 7:45 am
    9. London 101: Litigation Issues in the London      Committee Business Meeting
    Insurance Market
                                                        8:00 am – 9:00 am        cLe Plenary session
    10. Update on Solvent Schemes of Arrangement        The Qualcomm Quandary: Compromise Versus
    in the US and UK                                    Forfeiture in Multi-Layer Insurance Settlements
    11. A New Kind of Coverage Dispute: Monoline
                                                        9:05 am – 10:05 am
    Financial Guaranty Restructuring Implications
                                                        cLe breakout sessions
    12. Excess Carrier’s Duty to Defend—
                                                        n   How Much Is That Policy Worth, Anyway? An
    When “Follow Form” Means “Drop Down” and
                                                            Analysis of Complex Limits Questions in the
    Other Issues
                                                            Context of Long-Tail Claims
    13. Lost but Not Forgotten: Issues
                                                        n   Excuse Me Mr. Trustee; Have You Seen My
    Regarding Lost, Misplaced, or Destroyed Liability
                                                            Insurance Proceeds?
    Insurance Policies.
                                                        n   Insurance Coverage for Data Breaches,
    14. Healthcare Reimbursement Litigation:
                                                            Denial-of-Service Attacks, and Cybersecurity
    A Coverage View
                                                            Events, and the Tidal Wave of Class Action
    15. Trigger of Coverage: Long-Term                      Lawsuits Following Data Breach Disclosures
    Imprisonment Civil Rights Cases
                                                        n   Recovery of Consequential Damages Resulting
    16. Exclusions Applicable to Advertising and            from an Insurer’s Breach of Contract
    Personal Injury Coverage
                                                        10:05 am – 10:20 am
    17. Appraisal: The End or Just the Beginning?       Coffee Break
    18. Come Monday Will It Be Alright? Putting Our
                                                        10:20 am – 11:20 am
    Trust in Mr. Buffett?
                                                        cLe breakout sessions
    19. The Return of Upstairs, Downstairs in
                                                        n   Bringing Home the Bacon: Emerging Issues
    Catastrophic Loss Cases: New Cases and Recent
                                                            in Food Insurance Coverage
    Trends Impacting Primary and Excess Coverage
                                                        n   Current and Emerging Reinsurance Risks (2012)
    20. High Fidelity—Corporate Theft and Recovery
                                                        n   Lost Lives Damaged Property & A Toaster:
    2:15 pm – 5:00 pm                                       The Domestic and International Reach
    Activity: golf (Ticketed Event: $100)                   of Liability Coverage for Manufacturers and
    2:30 pm – 4:30 pm                                       Retailers under the ISO Vendors Endorsement
    Lexisnexis Focus group                                  and Similar Forms
    5:00 pm – 6:00 pm                                   n   It Never Hurts to Ask and May Hurt Not to
    Women’s Reception                                       Ask: The Use of Special Questions to Resolve
                                                            Coverage Issues
    6:00 pm – 7:00 pm
    Young Lawyers’ Reception                            11:25 am – 12:30 pm cLe ethics session
                                                        Insurer Litigation Guidelines: Ethical
    7:00 pm – 10:00 pm
                                                        Issues for Insurer-Selected and Independent
    Reception and Dinner (Ticketed Event: $85)
                                                        Defense Counsel
    saTurday, March 3, 2012                             4:30 pm – 5:30 pm
    7:00 am – 12:30 pm                                  Farewell networking Reception
    Registration



2
                                          MODERATORS & SPEAKERS



Wystan Ackerman               Christopher M. Brophy      Stephen P. Davidson
Robinson & Cole LLP           FTI Consulting             DLA Piper
Hartford, CT                  new York, nY               new York, nY
WM. Ryan Acomb                Alicia Bromfield           Michael Davisson
Porteous, Hainkel &           Allied World National      Sedgwick LLP
Johnson, LLP                  Assurance Co.              Los Angeles, CA
new Orleans, LA               Farmington, CT             Katherine Smith Dedrick
Denia S. Aiyebusi             Steven Brower              Childress Duffy, Ltd
Porteous, Hainkel &           Buchalter Nemer            Chicago, IL
Johnson, LLP                  Irvine, CA                 Adam P. Doherty
new Orleans, LA               John Buchanan              Allied World National
Semha Alwaya                  Covington & Burling LLP    Assurance Co.
Law Offices of Semha Alwaya   Washington, DC             Farmington, CT
Emeryville, CA                Raoul Cantero              Cara Tseng Duffield
                              White & Case LLP           Wiley Rein LLP
Dominica C. Anderson
                              Miami, FL                  Washington, DC
Duane Morris LLP
San Francisco, CA             Rina Carmel                P. Benjamin Duke
                              Carlson, Calladine &       Covington & Burling LLP
David A. Attisani
                              Peterson LLP               new York, nY
Choate Hall & Stewart LLP
                              Los Angeles, CA
Boston, MA                                               Angela R. Elbert
                              Jamie R. Carsey            Neal Gerber & Eisenberg
Eric G. Barber
                              Thompson, Coe, Cousins
Perkins Coie                                             Chicago, IL
                              & Irons LLP
Madison, WI                                              Maria Enriquez
                              Dallas, TX
William T. Barker                                        Bates Carey Nicolaides LLP
                              Robert D Chesler
SNR Denton                                               Chicago, IL
                              Lowenstein Sandler
Chicago, IL                   Roseland, nJ               Terrance Evans
Joseph Bermudez                                          Duane Morris LLP
                              Louis Chiafullo
Wilson Elser Moskowitz                                   San Francisco, CA
                              McCarter & English
Denver, CO                    City, ST                   Tred Eyerly
James P. Bobotek                                         Damon Key Leong
                              Wen-Shin Cheng
Pillsbury, Winthrop, Shaw,                               Kupchak Hastert
                              Tressler, LLP
Pittman LLP                   Chicago, IL                Honolulu, HI
Washington, DC                                           Dana A. Ferestien
                              Jeffrey M. Cohen
John C. Bonnie                Carlton Fields             Williams Kastner
Weinberg, Wheeler, Hudgins,   Miami, FL                  Seattle, WA
Gunn & Dial                   R. Johan Conrod            Charles Fischette
Atlanta, gA                   Kaufman & Canoles          Covington & Burling LLP
Nicholas J. Boos              norfolk, VA                Washington, DC
Sedgwick LLP                  Jim Cooper                 Laura Foggan
San Francisco, CA             Gardere Wynne Sewell LLP   Wiley Rein LLP
Rick Bortnick                 Houston, TX                Washington, DC
Cozen O’Connor                Shaun H. Crosner           Linda Foster
West Conshohocken, PA         Dickstein Shapiro LLP      Weissman, Nowack,
Kali N. Bracey                Los Angeles, CA            Curry & Wilco, P.C.
Jenner & Block                Robert Cusumano            Atlanta, gA
Washington, DC                ACE Group
                              Hamilton, Bermuda

                                                                                 Continued...   3
    MODERATORS & SPEAKERS


    ModeraTors & sPeakers Continued...

    Barbara Frederick               Miles Holden                Linda Kornfeld
    The Travelers Companies, Inc.   Hanson Bridgett LLP         Jenner & Block
    Hartford, CT                    San Francisco, CA           Los Angeles, CA
    Seth Friedman                   Theodore Howard             Angela Krahulik
    Weissman, Nowack, Curry &       Wiley Rein LLP              Ice Miller LLP
    Wilco, P.C.                     Washington, DC              Indianapolis, In
    Atlanta, gA                     Brent W. Huber              Ben Lenhart
    Thomas Garrett                  Ice Miller LLP              Covington & Burling LLP
    Harman, Claytor, Corrigan       Indianapolis, In            Washington, DC
    & Wellman                       Fritz K. Huszagh            Jeff Leon
    Richmond, VA                    Hinshaw & Culbertson LLP    Freed & Weiss LLC
    Althea Garvey                   Chicago, IL                 Chicago, IL
    Chartis Insurance               Alan P. Jacobus             Jay M. Levin
    Los Angeles, CA                 Carroll, Burdick &          Reed Smith LLP
    David A. Gauntlett              McDonough, LLP              Philadelphia, PA
    Gauntlett & Associates          San Francisco, CA
    Irvine, CA                                                  Arden B. Levy
                                    Hilary Jarvis               Bailey Law PC
    Richard C. Giller               Steptoe & Johnson           Washington, DC
    Alston + Bird LLP               Washington, DC
    Los Angeles, CA                                             Robert M. Lopatin
                                    Joseph D. Jean              LexisNexis
    Frederic Gindraux               Lowenstein Sandler, PC      new Providence, nJ
    Swiss Reinsurance America       new York, nY
    Armonk, nY                                                  Natalie G. Maciolek
                                    Lynn Jenkins
    William Goddard                                             Quarles & Brady LLP
                                    Admiral Insurance Company
    Bingham McCutchen LLP                                       Milwaukee, WI
                                    Cherry Hill, nJ
    Hartford, CT                                                Meghan Magruder
                                    Sun Jingliang
    Scott N. Godes                  Wang Jing & Co.             King & Spalding
    Dickstein Shapiro LLP           Shenzhen, China             Atlanta, gA
    Washington, DC                                              Peri N. Mahaley
                                    Valarie Jonas
    David Grossbaum                 Murchison & Cumming LLP     Orrick
    Hinshaw & Culbertson LLP        San Francisco, CA           Washington, DC
    Boston, MA                                                  Stephanie P. Manson
                                    Kathryn Kasper
    Bill Hardin                     Hancock Daniel Johnson      Aon Limited
    Navigant                        & Nagle                     London, UK
    Chicago, IL                     Richmond, VA                Katherine E. Mast
    Philip Hecht                    Catherine Kassenoff         Sedgwick Detert, Moran
    K&L Gates                       Building Materials Corp     & Arnold LLP
    Washington, DC                  of America                  Los Angeles, CA
    Chris Heckman                   Wayne, nJ                   Mary E. McCutcheon
    Exxon                           Louise A. Kelleher          Farella Braun & Martel LLP
    Irving, TX                      Kardaras & Kelleher         San Francisco, CA
    Aisha Henry                     new York, nY                Steven W. McNutt
    Lewis Baach PLLC                                            Troutman Sanders LLP
                                    Ruth S. Kochenderfer
    Washington, DC                                              Washington, DC
                                    Steptoe & Johnson, LLP
    Josephine Hicks                 Washington, DC              Paul McVey
    Parker, Poe, Adams &
                                    Cynthia R. Koehler          Marsh USA, Inc.
    Bernstein, LLP
                                    Liberty Mutual Group        new York, nY
    Charlotte, nC
                                    Boston, MA

4
                                         MODERATORS & SPEAKERS



Queena Mewer                 John H. Podesta                  Charles Silver
Crowell & Moring             Branson Brinkop Griffith &       School of Law, University
Irvine, CA                   Strong, LLP                      of Texas
Helen Michael                Redwood City, CA                 Austin, TX
Kilpatrick Townsend &        Carolyn Polikoff                 Jennifer Smith
Stockton LLP                 Woodruff Sawyer                  Lockton
Washington, DC               San Francisco, CA                Washington, DC
Gregory D. Miller            Neil B. Posner                   Jodi D. Spencer
Podvey, Meanor, Catenacci,   Much Shelist Deneberg Ament      Thacker Martinsek LPA
Hildner, Cocoziello          & Rubenstein, P.C.               Cleveland, OH
& Chattman, P.C.             Chicago, IL                      Donna Stone
newark, nJ                   Linda A. Powell                  GDF Suez Energy N.A.
Samantha B. Miller           Perkins Coie, LLP                Houston, TX
Chadbourne & Parke LLP       Washington, DC                   John Sylvester
Washington, DC               Gabriela A. Richeimer            K & L Gates Center, LLP
Neil V. Mody                 Troutman Sanders                 Pittsburgh, PA
Connell Foley LLP            Washington, DC                   Jonathan Terrell
Roseland, nJ                 Alexandra A. Roje                KCIC, LLC
Meghan C. Moore              Latham & Watkins LLP             Washington, DC
Ver Ploeg & Lumpkin PA       Los Angeles, CA                  John Tollefson
Miami, FL                                                     Tollefson, Bradley, Ball &
                             Carolyn Rosenberg
                                                              Mitchell LLP
Kellyn J. Muller             Reed Smith
                                                              Dallas, TX
Cozen O’Connor               Chicago, IL
Cherry Hill, nJ                                               Anna D. Torres
                             Joanne A. Sarasin
                                                              Powers, McNails, Torres
Brad Murlick                 Much Shelist
                                                              & Teebagy
Navigant                     Chicago, IL
                                                              West Palm Beach, FL
Chicago, IL                  Tracy A. Saxe
                                                              Daniel Tranen
Steven P. Nassi              Saxe Doernberger & Vita, P.C.
                                                              Hinshaw & Culburtson
Nelson Levin deLuca &        Hamden, CT
                                                              Boston, MA
Horst, LLC                   Mary Ellen Scalera
new York, nY                                                  Michael A. Troisi
                             Riker, Danzig, Scherer, Hyland
                                                              Rivkin Radler
Elizabeth Neumann            & Perretti, LLP                  Uniondale, nY
CNA Insurance                Morristown, nJ
                                                              Rosa Tumialan
new York, nY                 Brian S. Scarbough               Dykema Gossett PLLC
Michelle Niemeyer            Jenner & Block LLP               Chicago, IL
Michelle Niemeyer, P.A.      Washington, DC
                                                              William T. Um
Coconut grove, FL            Gregory J. Schwartz              Hunton & Williams LLP
Sherilyn Pastor              Schwartz Kelly, LLC              Los Angeles, CA
McCarter & English, LLP      Annandale, nJ
                                                              Winnie Van
newark, nJ                   Clifford J. Shapiro              Wells Fargo Ins. Services
Christopher R. Perry         Barnes & Thornburg LLP           USA Inc.
Robinson & Cole LLP          Chicago, IL                      San Francisco, CA
Hartford, CT                 Nancy Shields                    Maria Pepe VanDerLaan
Christina Phillips           Policy Find                      Murtha Cullina LLP
Childress Duffy              Indianapolis, In                 Hartford, CT
Chicago, IL



                                                                         Continued on page 10...   5
    PROgRAMMIng



    Thursday, March 1, 2012                                  an interactive session on lesson one, “Preparing
                                                             Your Elevator Speech.”
    11:00 am – 12:00 pm CLE Lexisnexis Panel                 Speakers: Dominica C. Anderson,
    Comprehensive Research Strategies                        Chris Heckman, Theodore Howard, Carolyn
    for Insurance Coverage Issues                            Rosenberg, Terri Yahia
    A comprehensive workshop geared toward intro-
    ducing practitioners to create and execute effective     Friday, March 2, 2012
    research strategies through proper use of online
                                                             8:00 am – 9:05 am cLe Plenary session
    resources specifically designed for the insurance
                                                             The Perfect 10—Invaluable Tips for Litigating
    practitioner.
                                                             Your Insurance Coverage Case
    Speakers: Robert M. Lopatin, Joanne A. Sarasin
                                                             A panel of experienced insurance coverage litiga-
    1:00 pm – 2:10 pm cLe Plenary session                    tors and a federal Judge (who was formerly an in-
    The Credit Crisis and D&O Insurance                      surance coverage litigator) will discuss and debate
    Coverage: Challenges Facing Insureds,                    ten advanced level tips for litigating an insurance
    Insurers and Regulators                                  coverage dispute.
    The FDIC is seeking $3+ billion from D&Os of failed      Speakers: Steven Brower, Jeffrey M. Cohen,
    financial institutions, and executives and insurance     David A. Gauntlett, Meghan Magruder, Hon.
    companies are facing risks not seen since the S&L        Otis D. Wright, II
    Crisis. Our panelists will discuss the background of
                                                             9:10 am – 10:15 am cLe Plenary session
    the FDIC claims, the decisions facing underwriters,
                                                             Coverage Issues for Catastrophic Events
    and the current and future D&O coverage issues
                                                             natural or man-made catastrophes result in signifi-
    implicated by the economic meltdown.
                                                             cant losses and raise significant coverage issues.
    Speakers: Cara Tseng Duffield, Mary E.
                                                             The energy, construction, chemical and hospitality
    McCutcheon, Neil B. Posner, Winnie Van,
                                                             industries are particularly impacted. Our experi-
    Donna L. Wilson
                                                             enced panel will address the issues that arise from
    2:15 pm – 3:20 pm cLe Plenary session                    direct and contingent losses and provide insights
    2011–2012: Emerging Trends in Coverage                   on best practices before and after a loss.
    for Construction Risks                                   Speakers: Denia S. Aiyegbusi, Christopher M.
    The insurance coverage landscape for construc-           Brophy, Paul McVey, Tracy A. Saxe,
    tion risks has changed dramatically in key jurisdic-     Donna Stone
    tions. This panel will address new appellate rulings
                                                             10:30 am – 11:30 am cLe breakout sessions
    on the core concept of “occurrence,” legislative
                                                             The New Generation of Environmental Claims
    action addressing these rulings and constitutional
                                                             Exploring emerging environmental risks, and po-
    challenges to the new statutes. We’ll also cover key
                                                             tential future claims under traditional and speciality
    developments on the contractual liability and busi-
                                                             lines insurance from a risk management and cover-
    ness risk exclusions.
                                                             age counsel perspective.
    Speakers: Laura Foggan, Seth Friedman,
                                                             Speakers: Bill Hardin, Aisha Henry, Steven P.
    Josephine Hicks, John H. Podesta,
                                                             Nassi, Jared Zola
    Jeffrey J. Vita
                                                             10:30 am – 11:30 am
    3:35 pm – 4:45 pm Plenary session
                                                             Now You See it; Now You Don’t: Recent
    Lessons On Making Rain in the Desert:
                                                             Developments Bearing on Coverage for and
    from the Movies to Reality
                                                             Recoupment of Defense Costs
    A fun filled and interactive panel discussion by rain-
                                                             Disputes about coverage for defense costs are of-
    making stars, from inside counsel to private practi-
                                                             ten pivotal in insurance litigation. Drawing from re-
    tioners, on client development lessons, with video
                                                             cent cases, this program addresses strategies for
    clips from Hollywood moves on each “lesson,” and

6
                                                                           PROgRAMMIng



dealing with recurring issues, including choice of      11:35 am – 12:35 pm
defense counsel, litigation guidelines, reasonable-     Please Excuse the Delay: The Consequences
ness of fees, allocating defense costs in “mixed”       of Untimely Notice, Slow Investigation, and the
coverage situations, priority of payments, and re-      Failure to Communicate
coupment of defense costs.                              Where to draw the line regarding delay and lack
Speakers: Queena Mewer, Helen Michael,                  of communication concerning claims can be tricky.
Susan Page White                                        This session explores gray areas, including: (1) in-
                                                        sureds’ delayed notice and provision of support for
10:30 am – 11:30 am
                                                        claims; (2) the prejudice rule and consent-to-settle
ICLC Idol 2012—The Deposition
                                                        issues; and (3) carriers’ late claims investigation
ICLC Idol contestants will square off in a realistic
                                                        and provision of coverage determinations.
deposition setting, with witnesses who may have a
                                                        Speakers: Jim Cooper, Terrance Evans, Miles
surprise for them. Join us as “judges” critique their
                                                        Holden, Katherine E. Mast, Clifford Shapiro
skills, and offer tips on effective deposition tech-
niques. Remember, you may not win your trial at a       11:35 am – 12:35 pm
deposition, but you can lose it there!                  A Tale of Two Towers: When Professional Liability
Speakers: Angela R. Elbert, Sherilyn Pastor,            and D&O Coverage are Both Implicated
Mary Ellen Scalera, Gregory J. Schwartz,                Explore the issues that arise when a policyholder
Anna D. Torres                                          seeks coverage for a claim under both its profes-
                                                        sional liability policy and its directors and officers
10:30 am – 11:30 am
                                                        policy. This session will analyze the nuances of
Class Actions on Insurance Coverage
                                                        what constitutes professional services, the opera-
The panelists will discuss how the three U.S. Su-
                                                        tion of “other insurance” clauses when two towers
preme Court decisions on class actions in 2011
                                                        of insurance are implicated.
(AT&T v. Concepcion, Dukes v. Wal-mart and Smith
                                                        Speakers: Adam P. Doherty, Stephanie P.
v. Bayer Corp) will impact insurance class actions,
                                                        Manson, Steven W. McNutt, Charles Yuen
and discuss other recent developments in insur-
ance class actions and what may be in store for the     11:35 am – 12:35 pm
future of these cases.                                  Hey! Give Me Back That Document! Privilege
Speakers: Wystan Ackerman, Raoul Cantero,               Issues in Insurance Coverage Disputes
Barbara Frederick, Jeff Leon                            Attorney-client privilege issues are universal among
                                                        litigators, but often murkier when they arise in the
11:35 am – 12:35 pm cLe breakout sessions
                                                        insurance coverage context. This program will
Hidden Traps or Hidden Treasures—
                                                        explore the tension between satisfying the coop-
The Underestimated Role of Often Overlooked
                                                        eration clause and maintaining the sanctity of privi-
Policy Provisions
                                                        leged information, and will address other frequently
The program will address overlooked CgL policy
                                                        encountered privilege issues faced in the insurance
provisions and the resulting “traps” and “treasures”
                                                        coverage context.
for insurers and policyholders which can alter the
                                                        Speakers: Louis Chiafullo, Althea Garvey,
outcome of insurance coverage cases. Issues to be
                                                        Richard C. Giller, Valarie Jonas
discussed include voluntary payments, severability
of interests, supplementary payments, defense of        12:35 pm – 2:00 pm
indemnitees under “insured contract” coverage,          Roundtable Luncheons (Ticketed Event: $55)
and the “no action” clause.                             1. Do Lower Premiums Pay? Issues in High
Speakers: James P. Bobotek, Lynn Jenkins,               Deductible/SIR and Retrospectively Rated Policies
Kathryn Kasper, Ruth S. Kochenderfer                    Speakers: Rina Carmel, Tred Eyerly
                                                        2. Who Pays the Deductible When the
                                                        Policyholder Is Insolvent?
                                                        Speakers: Thomas Garrett, Erin L. Webb
                                                                                                  Continued...   7
    PROgRAMMIng


    Friday, March 2, 2012 Continued...

    3. Additional Insured Coverage and Indemnity          14. Healthcare Reimbursement Litigation:
    Agreements: Allocating Liability Between Multiple     A Coverage View
    Insureds and Their Insurers                           Speakers: Alicia Bromfield, Maria Pepe
    Speakers: R. Johan Conrod, Dana A. Ferestien          15. Trigger of Coverage: Long-term
    4. Get Your Damn Hands off My Drafting                Imprisonment Civil Rights Cases
    Histories: Back to the Future on the Age-Old          Speakers: Fritz K. Huszagh, Katherine Smith
    Discovery Dispute                                     16. Exclusions Applicable to Advertising and
    Speakers: Daniel Tranen                               Personal Injury Coverage
    5. What Do You Really Need and How Do You             Speakers: Michelle Niemeyer, John Tollefson
    Get It? A Practical Discussion about Collecting       17. Appraisal: The End or Just the Beginning?
    Key Evidence in Coverage Cases                        Speakers: Christopher R. Perry
    Speakers: Jamie R. Carsey, Jodi D. Spencer
                                                          18. Come Monday Will It Be Alright? Putting Our
    6. Mastering E-Discovery—Before It Masters You        Trust in Mr. Buffett?
    Speakers: P. Benjamin Duke,                           Speakers: John Sylvester, Jonathan Terrell
    Gabriela A. Richeimer
                                                          19. The Return of Upstairs Downstairs In
    7. Understanding the Treatment of the “Same,          Catastrophic Loss Cases: New Cases and Recent
    Related, or Interrelated” Acts or Claims Provisions   Trends Impacting Primary and Excess Coverage
    in Claims-Made Policies                               Speakers: Arden B. Levy, Neil V. Mody
    Speakers: Chauntis T. Jenkins,
    Brian S. Scarbough                                    20. High Fidelity—Corporate Theft and Recovery
                                                          Speakers: Brad Murlick
    8. The Insurer’s Right of Rescission in D&O
    Policies: When can a Policyholder’s Reps and          saTurday, March 3, 2012
    Warranties in its Application Void Coverage?
                                                          8:00 am – 9:00 am cLe Plenary session
    Speakers: Stephen P. Davidson,
                                                          The Qualcomm Quandary: Compromise versus
    Alexandra A. Roje
                                                          Forfeiture in Multi-Layer Insurance Settlements
    9. London 101: Litigation Issues in the London        The Comerica/Qualcomm line of cases, condition-
    Insurance Market                                      ing excess coverage upon full-limits payments by
    Speakers: Charles Fischette,                          underlying insurers, creates new dilemmas—both
    Samantha B. Miller                                    for insureds settling large claims and for lower-level
    10. Update on Solvent Schemes of Arrangement          insurers seeking “haircuts.” Can they compromise
    in the US and UK                                      without forfeiting higher-level coverage? Coverage
    Speakers: Ben Lenhart                                 counsel, brokers and in-house counsel debate how
                                                          to resolve—or prevent—these dilemmas.
    11. A New Kind of Coverage Dispute: Monoline
                                                          Speakers: Kali N. Bracey, John Buchanan,
    Financial Guaranty Restructuring Implications
                                                          Robert Cusumano, Linda Foster,
    Speakers: William Goddard, Bert Wells
                                                          Carolyn Polikoff
    12. Excess Carrier’s Duty to Defend—
    When “Follow Form” Means “Drop Down” and              9:05 am – 10:05 am cLe breakout sessions
    Other Issues                                          How Much Is That Policy Worth, Anyway?
    Speakers: Nicholas J. Boos, Natalie G. Maciolek       An Analysis of Complex Limits Questions in the
                                                          Context of Long-Tail Claims
    13. Lost but Not Forgotten: Issues
                                                          What happens after the “number of occurrences”
    Regarding Lost, Misplaced, or Destroyed
                                                          and “allocation” questions are answered? This
    Liability Insurance Policies
                                                          program will address issues such as: What limits
    Speakers: Brent W. Huber, Angela Krahulik,
                                                          are available? Are the limits annualized? What about
    Nancy Shields

8
                                                                          PROgRAMMIng



non-cumulation and batch clauses? What amounts          10:20 am – 11:20 am cLe breakout sessions
are payable outside limits? How does a paying in-       It Never Hurts to Ask and May Hurt Not to
surer preserve its claim against non-paying insurers?   Ask: The Use of Special Questions to Resolve
Speakers: Wen-Shin Cheng, Alan P. Jacobus,              Coverage Issues
Hilary Jarvis, Peri N. Mahaley, Linda A. Powell         When underlying cases go to a trial, insurers want
                                                        jurors to decide factual questions affecting cover-
9:05 am – 10:05 am
                                                        age. Some courts requires insurers to ask these
Excuse Me Mr. Trustee, Have You Seen My
                                                        questions to avoid a subsequent coverage trial or
Insurance Proceeds?
                                                        waiver; and policyholders often object. This panel
This program examines coverage issues—primarily
                                                        will discuss the pros and cons of using special ver-
those involving D&O insurance—in the context of
                                                        dict forms at trial.
a corporate bankruptcy. Among the issues to be
                                                        Speakers: Semha Alwaya, David Grossbaum,
discussed are: the insured versus insured exclu-
                                                        Linda Kornfeld, Meghan C. Moore
sion, the impact of the bankruptcy code on D&O
coverage, and how bankruptcy affects insurance          10:20 am – 11:20 am
for directors and officers.                             Bringing Home the Bacon: Emerging Issues in
Speakers: Eric G. Barber, Michael Davisson,             Food Insurance Coverage
Elizabeth Neumann                                       The Food Safety and Mondernization Act has expo-
                                                        sure for food companies. This program will examine
9:05 am – 10:05 am
                                                        the Act and the traditional and new product recall
Insurance Coverage for Data Breaches, Denial-of-
                                                        policies that respond to it.
Service Attacks, and Cybersecurity Events, and
                                                        Speakers: Joseph Bermudez, Robert D.
the Tidal Wave of Class Action Lawsuits Following
                                                        Chesler, Philip Hecht, Rosa Tumialan
Data Breach Disclosures.
There has been a recent tidal wave of data breaches,    10:20 am – 11:20 am
network interruptions, and cyberattacks, resulting in   Current and Emerging Reinsurance Risks (2012)
countless class actions. This program will explore      What new risks most affect reinsurance books dur-
how insurance coverage may help fund the costs          ing the “post-asbestos era”? This panel will review
to defend these lawsuits. Would your insurance          losses occasioned by mortgage-backed securities,
policies cover those events? What coverages are         clergy abuse, climate change and nanotechnology.
available in the marketplace?                           The panel will also address the magnitude of loss-
Speakers: Rick Bortnick, Scott N. Godes,                es, unique issues raised by each species of risk,
Jennifer Smith, William T. Um, Hon. Carl West           and problems of proof and reinsurance presenta-
                                                        tion issues such as aggregation of loss.
9:05 am – 10:05 am
                                                        Speakers: David A. Attisani, Maria Enriquez,
Recovery of Consequential Damages Resulting
                                                        Frederic Gindraux
from an Insurer’s Breach of Contract
This program will address whether consequential         10:20 am – 11:20 am
damages can be recovered from an insurer for            Lost Lives, Damaged Property & a Toaster: The
breach of contract, whether bad faith is required,      Domestic and International Reach of Liability
and the conceptual underpinnings for such a claim.      Coverage for Manufacturers and Retailers under
It will use Bi-Economy Market v. Harleysville as the    the ISO Vendors Endorsement and Similar Forms
starting point.                                         Policyholders lawyers representing foreign manu-
Speakers: Shaun H. Crosner, Jay M. Levin,               facturers and U.S. retailers join carrier lawyers to
Kellyn J. Muller, Michael A. Troisi                     discuss underwriting and claims challenges of in-
                                                        suring manufacturing and vendor risks given the
                                                        increasing reliance on foreign goods, including
                                                        the ISO Vendors Endorsement wording, additional


                                                                                                Continued...   9
     PROgRAMMIng


     saTurday, March 3, 2012 Continued...

     insured status and coverage priority, and unique        The deadline for advance registration is Monday,
     dilemmas presented by foreign insureds and man-         February 13, 2012. After February 13, registration
     ufacturers.                                             will take place onsite.
     Speakers: John C. Bonnie, Sun Jingliang,
     Louise A. Kelleher                                      regisTraTion oPTions
                                                             onLine (credit card users only)
     11:25 am – 12:30 pm cLe ethics session
                                                             http://ambar.org/litinscleseminar
     Insurer Litigation Guidelines: Ethical Issues for
     Insurer-Selected and Independent Defense Counsel        Fax registration forms to (312) 988-6234
     What are the conflict problems for insurer-selected     MaiL registration forms to:
     counsel and practical problems for independent          Katie Jacobson
     counsel? What are the solutions? What can the           ABA Section of Litigation
     insurer be told and what is its role in defense plan-   321 n. Clark Street
     ning? What must the insured be told both at the         Chicago, IL 60654
     start of the representation and as events unfold?
     Speakers: William T. Barker, Joseph D. Jean,            regisTraTion
     Catherine Kassenoff, Cynthia R. Koehler,                The registration fee allows registrants to attend all
     Gregory D. Miller, Professor Charles Silver             CLE programs, committee and subcommittee meet-
                                                             ings. In addition, the fee includes program materials,
     ModeraTors & sPeakers                                   continental breakfasts and admission to the Wed-
     Continued from page 5...                                nesday Early Bird Reception, Thursday Evening
     Jeffrey J. Vita              Terri Yahia                networking Reception, Thursday In-House Counsel
     Saxe Doernberger             Liberty Mutual             and Diversity networking Event, Friday Women’s
     & Vita, P.C.                 Insurance Co.              networking Event, Friday Young Lawyers networking
     Hamden, CT                   Boston, MA                 Event and Saturday Evening Happy Hour.
     Erin L. Webb                 Charles Yuen               Onsite Registration will take place during the fol-
     Dickstein Shapiro LLP        McCarter & English
                                                             lowing hours:
     Washington, DC               newark, nJ
     Bert Wells                   Jared Zola                 Thursday, March 1, 2012 11:00 am–6:00 pm
     Covington &                  Dickstein Shapiro LLP      Friday, March 2, 2012   7:00 am–12:35 pm
     Burling LLP                  new York, nY               Saturday, March 3, 2012 7:00 am–12:30 pm
     new York, nY                                            For information regarding registration, please con-
     Hon. Carl West                                          tact Katie Jacobson at (312) 988-6245.
     Los Angeles
                                                             For more information on the ABA Insurance Cover-
     Superior Court
     Los Angeles, CA                                         age Litigation Committee log on to the Committee’s
                                                             homepage http://apps.americanbar.org/litigation/
     Susan Page White
                                                             committees/insurance/home.html
     Manatt, Phelps, &
     Philipps, LLP                                           regisTraTion canceLLaTions
     Los Angeles, CA
                                                             Requests for refunds must be made in writing and
     Donna L. Wilson
     BuckleySandler LLP                                      received no later than Monday, February 13, 2012,
     Santa Monica, CA                                        in the ABA Section of Litigation office. Please fax or
                                                             email your request to Katie Jacobson at (312) 988-
     Hon. Otis D. Wright, II
     U.S. District Court                                     6234 or katie.jacobson@americanbar.org. There
     Los Angeles, CA                                         will be a $50 administrative fee deducted from the
                                                             refund. cancellations received after February



10
                        REgISTRATIOn/gEnERAL InFORMATIOn



13, 2012 will not be refunded; however, the            72 hours prior to the scheduled day of arrival to
Section will gladly accept substitutions for those     avoid a one-night cancellation charge. Please note
unable to attend.                                      that the room block tends to fill up prior to
                                                       the deadline date. Be sure to make your reserva-
airLine inForMaTion                                    tions soon!
The American Bar Association has an online travel
site where you can receive ABA discounts from a        PrograM MaTeriaLs
variety of carriers and purchase low fare tickets.     Attendees will be sent a link where they can access
ABA Online Travel can be accessed at http://www.       program materials online two weeks before the
americanbar.org/membership/benefits_of_mem-            seminar. Section members can access the materi-
bership/travel_services.html. Reservations can also    als one month after the seminar at http://www.
be made with an ABA Orbitz for Business agent at       americanbar.org/groups/litigation/events_cle.html.
(877) 222-4185.
                                                       services For The disabLed
TransPorTaTion inForMaTion                             If special arrangements are required for an indi-
Arizona Stagecoach Shuttle offers service between      vidual to attend this seminar, please contact Katie
the Tucson Airport and The Loews Ventana Canyon        Jacobson at (312) 988-6245.
Hotel for $50 one-way/$92 roundtrip or, if traveling
as a couple, $58 one-way/$108 roundtrip.               McLe crediT

Please inquire about special rates for more than       Accreditation has been requested for this program
two people traveling. For reservations, please call    from every state with mandatory continuing legal
(520) 889-1000 or visit Arizona Stagecoach’s web-      education requirements for attorneys. Please be
site at www.azstagecoach.com. Taxis are available      aware that each state has its own rules and regula-
for approximately $50–$60 to/from the airport.         tions, including its definition of CLE. Certificates of
(Please note that the wait for a taxi may be exten-    attendance will be available at the conclusion of the
sive based upon city demand.)                          program for both attendees and speakers. Please
                                                       call Katie Jacobson at (312) 988-6245 two to three
Most major car rental companies are located in the     weeks prior to the seminar for questions pertaining
baggage claim area of the Tucson Airport. ABA          to the number of credit hours requested.
members are entitled to special discounts by call-
ing Hertz at (800) 654-3131 and referencing the
ABA group discount number 13000.

hoTeL inForMaTion
All programs will take place at The Loews Ventana
Canyon Hotel, nestled in the rugged beauty of
the Santa Catalina Mountains and the lush high
Sonora Desert. To make reservations, please call
the hotel at (800) 234-5117 by Tuesday, January
31, 2012. To receive the ABA discounted rate of
$189 single/double occupancy (excluding 13.05%
tax), please refer to the ABA Section of Litigation
Insurance Coverage Litigation CLE Seminar. After
Tuesday, January 31, 2012, the ABA discounted
rate cannot be guaranteed and will be subject to
availability. Hotel reservations must be cancelled



                                                                                                                 11
     THAnK YOU



      The Section of Litigation Insurance Coverage Litigation Committee would like to thank the following
                         sponsors for their generous support of the 2012 CLE Seminar.

                                           secTion sPonsors




                                              evenT sPonsor




                                           LaW FirM sPonsors

               Anderson Kill & Olick, P.C.                              McCarter & English LLP
              Arnall golden gregory LLP                                     Meagher & geer
                  Buckley Sandler LLP                                 Murchison & Cumming LLP
                   Carlton Fields, P.A.                              neal, gerber & Eisenberg LLP
                 Choate, Hall & Stewart                                 Parsons Behle & Latimer
                      Connell Foley                                           Perkins Coie
                Covington & Burling LLP                         Pillsbury Winthrop Shaw Pittman LLP
                    Cozen O’Connor                                       Polsinelli Shughart PC
                    Dickstein Shapiro                               Potter Anderson & Corroon LLP
                    Duane Morris LLP                                      Proskauer Rose LLP
                 gardere Wynne Sewell                                       Reed Smith LLP
        Hancock, Daniel, Johnson & nagel, P.C.                           Robinson & Cole, LLP
                  Hanson Bridgett LLP                                Saxe Doernberger & Vita, P.C.
                Haynes and Boone, LLP                                        Sedgwick LLP
              Hinshaw & Culbertson LLP                                   Thacker Martinsek LPA
                      Ice Miller LLP                                     Troutman Sanders LLP
                   Jenner & Block LLP                                 Ver Ploeg and Lumpkin, P.A.
         Kilpatrick, Townsend & Stockton LLP                   Weissman, nowack, Curry & Wilco, P.C.
                 Latham & Watkins LLP                                        Wiley Rein LLP


          The Committee would also like to thank the ABA Section of Litigation staff for their efforts,
               along with the panelists’ participation, who made this CLE Seminar possible.




12
                                                                       REgISTRATIOn InFORMATIOn
                                           2012 ABA Section of Litigation Insurance Coverage CLE Seminar
                                                                                     March 1–3, 2012 • Loews Ventana Canyon • Tucson, AZ


regisTraTion deadLine: Monday, February 13, 2012


name _________________________________________________ ABA Membership ID# ____________________________
                 (As it should appear on badge)                                                          (The number is above your name on the mailing label)

Company/Affiliation _____________________________________________________________________________________

Address ________________________________________________________________________________________________

City __________________________________________________ State ___________________ Zip___________________

Telephone ____________________________________________                                    Fax ____________________________________________

Email __________________________________________________________________________________________________

                                                                                      	
                 (Providing your email allows you to receive communications and promotions from the ABA and its entities)



                                                                                      	
Accompanying Spouse/guest _____________________________________________________________________________
                                                   (As it should appear on badge)

Are you a “Young Lawyer” (Age 35 or younger?)                            Y      n      Special Dietary needs _____________________________
REGISTRATION FEES                                                                                 Online                           Mail/Fax
Section of Litigation Member                                                                      $475                             $525
First-Time Attendee Section of Litigation Member                                                  $345                             $395
Speakers                                                                                          $475                             $525
government/Academic/Legal Service/In-house Counsel*                                               $325                             $375
Young Lawyers* (age 35 or younger or in practice less than 5 years)                               $325                             $375
ABA Members                                                                                       $620                             $670
    i am an aba member and want to join the section
    of Litigation for $60 and receive the section member rate                                     $535                             $585
First-Time Attendee—ABA Member                                                                    $520                             $570
First-Time attendee—aba Member
    i am an aba member and want to join the section
    of Litigation for $60 and receive the section member
    first-time attendee rate                                                                      $405                             $455
non-ABA Member                                                                                    $765                             $815
TICKETED EVENTS                                                                                   Event Fee                        Qty.            Total
Wednesday, February 29, 2012                       Early Bird Reception                           no charge                        ______          $_________
Thursday, March 1, 2012                            In-House and Diversity Reception               no charge                        ______          $_________
                                                   Welcome Reception                              no charge                        ______          $_________
Friday, March 2, 2012                              Roundtable Luncheon                            $55                              ______          $_________
                                                   1st Choice _____________ 2nd Choice _____________
                                                   golf Tournament                                $100                             ______          $_________
                                                   (Email Katie Jacobson your pairings: katie.jacobson@americanbar.org)
                                                   Women’s Reception                              no charge                ______                  $_________
                                                   Young Lawyers’ Reception                       no charge                ______                  $_________
                                                   Dinner Event                                   $85                      ______                  $_________
Saturday, March 3, 2012                            Farewell networking Reception                  no charge                ______                  $_________
*These rates are only for Section members who fall into those categories.                                          TOTAL ENCLOSED                  $_________
METHOD OF PAYMENT (Please Check One)
     Check enclosed for $ ___________ (Payable to American Bar Association, Section of Litigation)
     Charge my:               American Express                    Visa              MasterCard
                         Card no. ________________________________________________ Exp. Date ______________________
                         Cardholder’s Signature ____________________________________________________________________
REGISTRATION OPTIONS**
ONLINE (credit card users only) http://ambar.org/litinscleseminar                                 MaiL registration form to: Katie Jacobson,
FAx this form to: (312) 988-6234                                                                  ABA Section of Litigation, 321 n. Clark Street,
                                                                                                  Chicago, IL 60654
**Registration will not be processed until payment is received.
                                             Nonprofit Org.
                                             U.S. Postage
                                             PAID
                                             American Bar
                                             Association
321 North Clark Street | Chicago, IL 60654




Insurance Coverage Litigation
Committee CLE Seminar
March 1–3, 2012
Loews Ventana Canyon • Tucson, AZ
http://ambar.org/litinscleseminar

				
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