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					A D VA N C E R E G I S T R AT I O N D E A D L I N E : M A R C H 	 1 0 , 	 2 0 1 1




                                            INSURANCE
                                            COVERAGE
EXPERT	SPEAKERS	
                                            AND CLAIMS
INCLUDING                                   INSTITUTE
INSURANCE	COMPANY	                          MARCH 30–APRIL 1, 2011
IN-HOUSE	COUNSEL
                                            FAIRMONT CHICAGO
CLAIMS	MANAGERS	AND	
DIRECTORS                                   MILLENNIUM PARK

IN-HOUSE	COUNSEL	FOR	                       CHICAGO, ILLINOIS
INSURANCE	BROKERS
LEADING	INSURANCE	
COVERAGE	AND	
                                             	
                                        	     REASONS	TO	ATTEND
LITIGATION	ATTORNEYS
                                              Stay up-to-date on the most recent
NATIONAL	COUNSEL	FOR	
MAJOR	CARRIERS                               	insurance coverage issues and trends
                                              Hear top insurance coverage attorneys and
                                              insurance company representatives discuss
LEADING	AUTHORS	ON	                           the complexities of their interrelationship
INSURANCE	LAW                                 and the dos and don’ts of coverage


                                             	litigation
                                              Learn about the coverage issues that arise
                                              from social networking sites, the Gulf of


                                             	
                                             	
                                              Mexico oil spill and the Toyota recall
                                              Network nationally with peers and clients
                                              Earn 13 hours of CLE credit, including 1	hour
                                              of ethics credit
DRI’s Insurance Coverage and Claims Institute                           Program	Schedule	                         3
continues its tradition of presenting exhaustive
and thought-provoking discussions about today’s                         General	Information	                      9
cutting-edge coverage issues. Day one of this
year’s institute begins with an afternoon session                       Seminar	Sponsors	                         10
featuring panels of insurance executives discussing
key issues. The plenary program continues on day two                    Faculty	Biographies	                      10
with 10 segments on diverse issues involving first- and
third-party insurance coverage, ethics, bad faith and                   2011	Seminar	Schedule	                    14
professional liability exposures. The institute concludes
on day three with concurrent breakout tracks concerning                 Membership	Application	                   15
(a) Handling Catastrophic Losses Under First-Party and
Third-Party Policies; and (b) Everything You Need to Know               Registration	Form	                        16
About the Duty to Defend.
Don’t miss this exciting opportunity to sharpen the tools
you need to compete successfully and to network with
insurance company representatives and coverage lawyers
                                                                   	    WHAT	YOU	WILL	LEARN
from across the country.                                           n	   The key issues confronting insurance
                                                                        carriers and their counsel
                                                                   n	   Current and emerging hot issues in
                                                                        coverage and claims
                                                                   n	   Strategies for coverage litigation
              	                                                    n	   Coverage issues arising from Facebook,
Charles	W.	Browning	 Anthony	R.	Zelle                                   Twitter and other social networking sites
Program Chair        Committee Chair
                                                                   n	   Advanced duty to defend obligations and
                                                                        related issues
                                                                   n	   First- and third-party catastrophic loss
                                                                        coverage issues arising from natural
                                                                        disasters, the Gulf of Mexico oil spill and
                                                                        the Toyota recall
              	
Daina	E.	Kojelis	        Michelle	M.	Meyers                        n	   Hot topics in professional liability
Program Co-Vice Chair    Program Co-Vice Chair                          insurance coverage
                                                                   n	   Excess insurance related issues
                                                                   n	   How claims of institutional bad faith are
                                                                        being asserted against carriers, and how
                                                                        to protect against those claims


Brooks	R.	Magratten
Law Institute

Presented by DRI’s                        This	seminar	brochure	is	co-sponsored	by
Insurance	Law	
Committee
                                                                                March	30–April	1,	2011          3


PROGRAM SCHEDULE                                           4:15 p.m. Attorney	Client	Privilege,	the	Work	Product		
                                                           	         Doctrine	and	How	Those	and	Related	Ethical		
WEDNESDAY,	MARCH	30,	2011                                  	         Issues	Directly	Impact	Insurance	Companies
                                                                     In-house counsel confront unique privilege
           Boarding	Pass	Kiosk	                                      issues, which can be compounded when
                                                                     they function in dual roles of both attorney
           Sponsored by RGL	Forensics                                and businessperson, and when dealing with
2:00 p.m. Registration                                               non-lawyers in functions such as regulatory
                                                                     compliance. In-house counsel must be wary
3:00 p.m. Drilling	Down	on	the	Issues	Affecting		                    of traps related to asserting the advice
	         Insurance	Carriers—The	Dos	and	Don’ts	in		                 of counsel as an affirmative defense in
	         Coverage	Litigation                                        litigation and the potential for an implied
                                                                     waiver of the attorney-client privilege. An
          Experienced in-house and outside coverage                  array of issues must be dealt with when
          counsel will discuss the critical dos and                  entering into joint defense agreements with
          don’ts in coverage litigation, including                   other insurers, including considerations
          whether or not a declaratory judgment                      for when such agreements turn sour. This
          action should be filed, how to set the                     presentation will explore these issues
          groundwork for an effective declaratory                    and discuss the best practices to protect a
          action, how to use such an action as a                     client’s confidences.
          settlement tool, and the costs and benefits
          of carrier versus carrier declaratory                      Matthew M. Haar, Saul Ewing LLP,
          judgment actions.                                          Harrisburg, Pennsylvania
          Moderator                                        4:45 p.m. Insurance	Carriers	and	Their	Coverage		
          Christopher W. Martin, Martin Disiere            	         Counsel:	An	Examination	of	the		 	
          Jefferson & Wisdom LLP, Houston, Texas           	         Complexities	of	Their	Interrelationship
          Panel                                                      Experienced in-house and outside coverage
          Carlos Del Carpio, Meckler Bulger Tilson                   counsel offer useful and candid perspectives
          Marick & Pearson LLP, Chicago, Illinois                    about the relationship between the insurers
                                                                     and their coverage counsel, helpful insight
          Joseph M. Goldberg, Sentry Insurance                       about things that outside coverage counsel
          Company, Stevens Point, Wisconsin                          do that upset their clients (and vice versa),
          Daina E. Kojelis, Zurich in North America,                 and the general care and feeding of this
          Schaumburg, Illinois                                       important relationship.
3:45 p.m. The	Discoverability	of	Confidential		                      Moderator
	         Insurance	Settlement	Agreements                            Lee Craig, Butler Pappas Weihmuller Katz
          Anyone who practices insurance coverage                    Craig LLP, Tampa. Florida
          litigation long enough (either for insurers or             Panel
          policyholders) is likely to seek discovery of              Lisa Brennan, Prairie State Administrative
          confidential settlement agreements or have                 Services Inc., Chicago, Illinois
          to defend against such discovery efforts.                  Christopher “Kipper” Burke, Great American
          This session will cover these issues and offer             Insurance Company, Cincinnati, Ohio
          practical ways to advocate your client’s
          position to maintain confidentiality or to                 Margaret J. Orbon, Clausen Miller PC,
          obtain disclosure.                                         Chicago, Illinois
          Alan P. Jacobus, Carroll Burdick & McDonough     5:30 p.m. Adjourn
          LLP, San Francisco, California
                                                           6:00 p.m. Networking	Reception	
                                                                     Sponsored by MDD	Forensic	Accountants
4          Insurance	Coverage	and	Claims	Institute


THURSDAY,	MARCH	31,	2011                                  10:15 a.m. Excess	Insurance	Coverage	Issues
                                                                     As large blocks of primary policies have
           Boarding	Pass	Kiosk	                                      been exhausted by payment of asbestos,
           Sponsored by RGL	Forensics                                environmental, product liability and mass
                                                                     tort claims, the role of excess and umbrella
7:00 a.m. Registration                                               policies has come increasingly to the
                                                                     forefront of complex coverage disputes.
7:00 a.m. Continental	Breakfast                                      Mr. Harding will cover the differences
	         Sponsored by Gordon	&	Rees	LLP                             between primary, excess and umbrella
                                                                     policies; trigger of coverage; the evolving
7:00 a.m. First-Time	Attendees	Breakfast                             obligations of excess insurers with respect
                                                                     to defense and settlement; an overview of
8:00 a.m. Welcome	and	Introduction                                   the important defenses to coverage under
	         Brooks R. Magratten, Pierce Atwood LLP,                    excess policies; and the thorny issues that
          Providence, Rhode Island                                   arise in disputes between primary and
                                                                     excess insurers.
          Anthony R. Zelle, Zelle McDonough & Cohen
          LLP, Boston, Massachusetts                                 John T. Harding, Jr., Morrison Mahoney LLP,
                                                                     Boston, Massachusetts
          Charles W. Browning, Plunkett Cooney PC,
          Bloomfield Hills, Michigan                      11:10 a.m. Enforcing	the	Insured’s	Duty	to	Cooperate		
                                                          	          and	Other	Conditions	to	Coverage
8:15 a.m. Raising	the	Roof:	What’s	Hot	in		 	
	         Construction	Defect	Coverage	Litigation?                   This session will cover the duty to cooperate
                                                                     condition; the voluntary payments condition;
          States continue to wrestle with the                        the impairment of subrogation condition; the
          fundamental question of whether defective                  types of agreements courts have allowed an
          construction claims satisfy the definition of              insured to enter into (e.g., covenants not to
          “occurrence” in a general liability policy.                execute and Morris Agreements); the other
          Ms. Maus will discuss the various approaches               insurance condition—securing participation of
          taken by courts on this cornerstone                        other insurers; and protecting your conditions
          coverage issue and the rationale for these                 to coverage in states where courts have found
          approaches. Related issues involving                       that an insurer can waive the right to deny
          business risk exclusions, allocation and new               coverage based upon policy conditions.
          policy forms will also be covered.
                                                                     Wen-Shin Cheng, Tressler LLP, Chicago, Illinois
          Kathy J. Maus, Butler Pappas Weihmuller
          Katz Craig LLP, Tallahassee, Florida            12:00 p.m. Lunch	(on your own)
9:10 a.m. Defamation	in	the	Blogosphere:	Insurance		      1:15 p.m.   Employee	Substantial	Certainty	Claims—	
	         Implications	of	Social	Media                    	           Covered	or	Not?	
          This session addresses whether defamatory                   Injured workers continually attempt
          statements made on social networks,                         to breach the workers’ compensation
          including MySpace, Facebook, Twitter,                       exclusivity defense by suing their employers
          LinkedIn, or personal websites are covered by               under various theories. Because of the
          either homeowners policies or CGL policies,                 CGL’s Employers Liability and Workers’
          including whether defamatory comments                       Compensation and Similar Laws exclusions,
          made on a blog/website constitute an                        this leaves “Part Two–Employers Liability
          occurrence, whether emotional distress or                   Insurance of the Workers’ Compensation
          other alleged damages resulting from the                    Policy” as the employer’s anticipated source
          defamation constitute bodily injury, whether                of coverage. Mr. Piedra, in conjunction with
          corporations are liable for the personal                    DRI’s Workers’ Compensation Committee,
          posting of their employees and whether                      will analyze the coverage granted to the
          various applicable exclusions apply.                        employer under part two of the workers’
          Daniel Maldonado, Kunz Plitt Hyland                         compensation policy, and discuss whether
          Demlong & Kleifield PC , Phoenix, Arizona                   there may be uninsurable exposures in the
                                                                      realm of employer-employee relations.
10:00 a.m. Refreshment	Break                                          Ricardo H. Piedra, FCCI Insurance Group,
           Sponsored by Jeff	Kichaven,	Mediator                       Sarasota, Florida
                                                                                March	30–April	1,	2011          5


2:10 p.m. Recognizing	and	Responding	to	Allegations		     4:10 p.m. New	Defenses	in	Insurance	Litigation—The		
	         of	Institutional	Bad	Faith	                     	         Ethical	Use	of	the	Litigation	Privilege	and		
          The theory of institutional bad faith allows    	         Anti-SLAPP	Motions
          a plaintiff to expand a dispute over a                    A recent trend in insurance-related litigation
          single loss into a widespread attack on                   involves suits against insurance coverage
          an insurance company’s practices. The                     counsel and defense counsel retained to
          fundamental allegation is that insurers’                  represent insureds, based on their actions
          policies and procedures related to claim                  representing their clients’ interests in
          evaluation and resolution, claim adjustment               connection with litigation. Mr. Barnes will
          protocols and associated software, and                    explore the litigation privilege defense
          performance and compensation criteria                     and public policy defenses to such suits,
          for claims personnel are either intended to               including those triggered by California’s
          shrink indemnity payments to claimants                    anti-SLAPP statute and similar laws and
          unfairly or deprive insureds of policy                    will discuss the history of defenses to such
          benefits. Mr. Richmond will examine these                 suits in various jurisdictions and apply them
          critical issues and offer insurers practical              to hypothetical fact patterns. He will also
          advice on preventing and responding to                    endeavor to define the ethical parameters
          institutional bad faith allegations.                      of counsel’s permissible conduct and outline
          Douglas R. Richmond, Aon Risk Services                    the application of new defenses.
          Central Inc. , Chicago, Illinois                          Michael A. Barnes, SNR Denton US LLP,
                                                                    San Francisco, California
3:05 p.m. Refreshment	Break
          Sponsored by Hand	Arendall	LLC                  5:10 p.m. Insurance	Law	Committee	Meeting
                                                          	         (open to all)
3:20 p.m. Professional	Services	and	Potential		
	         Claims—Professional	Liability	Insurance		       6:00 p.m. Networking	Reception
	         Coverage	Hot	Topics                                       Sponsored by Butler	Pappas	Weihmuller		
          Even as the universe of professional                      	            Katz	Craig	LLP
          liability claims continues to expand, so
          do the theories of professionals seeking        7:30 p.m. Dine-Arounds
          coverage for such claims. Mr. Minett, in        		        Join colleagues and friends at selected
          conjunction with DRI’s Professional Liability             restaurants for dinner (on your own).
          Committee, will discuss the cutting-                      More details on-site.
          edge issues, including the definition of
          “professional services” insured by a policy,
          and whether the insured’s conduct falls
          within the definition; whether an insured       FRIDAY,	APRIL	1,	2011
          had knowledge of a potential claim before
          the inception date of a claims-made policy,                Boarding	Pass	Kiosk	
          which could provide the carrier with a basis               Sponsored by RGL	Forensics
          to exclude coverage or rescind the policy;
          and whether retroactive coverage dates are      7:15 a.m. Registration
          void as a matter of public policy.
          John C. Minett, Endurance Services Ltd.,        7:15 a.m. Continental	Breakfast
          New York, New York                                        Sponsored by Plunkett	Cooney	PC

                                                          8:15 a.m. Announcements
                                                                    Charles W. Browning, Plunkett Cooney PC ,
                                                                    Bloomfield Hills, Michigan
6          Insurance	Coverage	and	Claims	Institute

             PROGRAM TRACKS—SCHEDULE AT-A-GLANCE

           TRACK ONE                                                 TRACK TWO
           Catastrophic	Losses	Under	First-	and	                     Everything	You	Need	to	Know	About	the	
           Third-Party	Policies                                      Duty	to	Defend
           Chair:	Michelle	M.	Meyers, Burnham Brown,                 Chair:	Michael	F.	Aylward, Morrison
           Oakland, California                                       Mahoney LLP, Boston, Massachusetts

8:30 a.m. Policy	Drafting	History—Lessons	Learned	for		   8:30 a.m. Jumping	In—Determining	When	the	Duty	to		
	         Future	Catastrophic	Claims	                     	         Defend	Is	Triggered
          Why, when and how should insurers                         It is often said that an insurer’s duty to
          attempt to cover unrevealed and potentially               defend is broader than its duty to indemnify,
          catastrophic risks? The answers are found                 and that all that is required to trigger the
          in the drafting history of the 1966/1973 CGL              duty to defend is the potential that coverage
          policies. This industry-wide effort tells a               exists. Ms. Ramos will discuss what the
          cautionary tale of underwriting unknown                   “potential for coverage” really means and
          product liability risks that later gave rise              describe the theories and allegations that
          to the catastrophic environmental and                     the court will consider in determining the
          asbestos losses of the past three decades.                parameters of the duty to defend.
          Ronald R. Robinson, Berkes Crane Robinson                 Gretchen A. Ramos, Carroll Burdick &
          & Seal LLP, Los Angeles, California                       McDonough LLP, San Francisco, California


9:15 a.m. When	Natural	Disaster	Strikes—Am	I		            9:15 a.m. Navigating	the	Duty	to	Defend:	A	Road	Map		
	         Covered	Under	a	First-Party	Policy?             	         to	Making	a	Safe	Exit
          Mr. Finch will examine complex first-party                An insurer’s duty to defend arises when
          insurance coverage issues that arise after                there is a potential for coverage under
          natural disasters. You will learn about new               the policy. The duty usually lasts until
          decisions affecting important exclusions,                 the conclusion of the litigation. But, what
          such as the enigmatic anti-concurrent cause               happens when you are driving down the
          provision. Also explored will be business                 road and you discover that the duty to
          interruption coverage and contingent                      defend never existed? Or, what if you run
          business interruption coverage and how                    out of gas because the policy limits have
          those valuable coverages are or are not                   been exhausted? Is it possible to make a safe
          triggered by earthquakes, hurricanes and                  exit without subjecting yourself to further
          oil spills. New developments and theories                 litigation? Ms. Muse will explore ways in
          of recovery being asserted since the                      which the duty to defend is extinguished so
          devastating floods in Tennessee, Arkansas                 that the insurer may exit the litigation safely.
          and Oklahoma will be covered.                             Jennifer S. Muse, Anderson McPharlin &
          F. Lane Finch, Jr., Hand Arendall LLC ,                   Conners LLP, Los Angeles, California
          Birmingham, Alabama
                                                                                  March	30–April	1,	2011          7



           TRACK ONE                                                  TRACK TWO
           Catastrophic	Losses	Under	First-	and	                      Everything	You	Need	to	Know	About	the	
           Third-Party	Policies                                       Duty	to	Defend
           Chair:	Michelle	M.	Meyers, Burnham Brown,                  Chair:	Michael	F.	Aylward, Morrison
           Oakland, California                                        Mahoney LLP, Boston, Massachusetts

10:00 a.m. First- and Third-Party Coverage Issues          10:00 a.m. A Dash of Cumis and a Hint of Peppers—
           Arising from the Gulf Oil Spill                            Pitfalls in the Selection of Independent
           The legal issues arising from the Deepwater                Counsel
           Horizon spill in the Gulf of Mexico are                    The selection of independent counsel
           engrossing and novel. Questions of punitive                presents an array of troubling and
           damages, economic injuries and the                         challenging issues for insurers. Mr. Schwartz
           interaction of the Oil Pollution Act of 1990               will address the circumstances under
           on the existing body of state, federal and                 which an insured is entitled to select its
           maritime law must all be considered when                   own lawyers, the conditions in selecting
           presented with both first- and third-party                 independent counsel, the costs and
           coverage issues arising from the Gulf of                   benefits of waiving defenses or the right
           Mexico disaster. Coverage issues include                   to reimbursement of defense costs, the
           business interruption, property damage,                    problems posed by independent counsel
           bodily injury, punitive damages, direct                    with respect to reporting and litigation
           physical loss or damage coverage, pollution/               management and recent developments
           environmental based claims, sue and labor,                 nationwide in conflicts of interest law and
           debris removal, time element coverage and                  the Rules of Professional Conduct. Best
           economic losses. The potential exclusions                  practices for avoiding pitfalls associated with
           and limitations under both first- and third-               the insurer-independent counsel relationship
           party policies will also be discussed.                     will be presented.
           Rebecca Y. Cooper, Larzelere Picou Wells                   Jonathan L. Schwartz, Lewis Brisbois
           Simpson Lonero LLP, Metairie, Louisiana                    Bisgaard & Smith LLP, Chicago, Illinois


10:45 a.m. Refreshment	Break				

11:00 a.m. Long	Tail	Claims—Recurring	Issues	and		         11:00 a.m. Allocating	Defense	Costs
	          Recent	Developments                                        An insurer’s duty to defend gives rise to a
           When confronted with catastrophic long-tail                number of defense cost issues that have
           claims, including environmental disasters or               been subject to frequent litigation.
           mass tort liabilities, insurers must navigate              Mr. Walton will discuss whether insurers may
           numerous complex issues that can have                      prorate their defense obligations; mixed
           a profound impact on the bottom line.                      cases involving both covered and non-
           What is new on the issue of what “trigger”                 covered causes of action; cases involving
           applies to a particular type of loss? Must                 multiple plaintiffs, some who are covered
           the insurer pay “all sums” or a pro rata                   and some who are not; and long-tail claims.
           allocation when it comes to indemnity? How                 Theories of allocation and allocation and
           many “occurrences” are implicated and do                   recoupment will be covered.
           aggregate limits apply? Can the insured                    Gordon K. Walton, Meckler Bulger Tilson
           stack limits? What rights do insurers have to              Marick & Pearson LLP, Chicago, Illinois
           pro rate their defense obligations or recoup
           defense costs for non-covered claims? The
           most recent cases and claims trends will be
           discussed.
           Matthew S. Foy, Gordon & Rees LLP,
           San Francisco, California
8          Insurance	Coverage	and	Claims	Institute




           TRACK ONE                                                      TRACK TWO
           Catastrophic	Losses	Under	First-	and	                          Everything	You	Need	to	Know	About	the	
           Third-Party	Policies                                           Duty	to	Defend
           Chair:	Michelle	M.	Meyers, Burnham Brown,                      Chair:	Michael	F.	Aylward, Morrison
           Oakland, California                                            Mahoney LLP, Boston, Massachusetts

11:45 a.m. Coverage	Claims	Arising	from	the	Toyota		           11:45 a.m. Defense	Obligations	of	Excess	Insurers
	          Recall                                                         The duty to defend is typically associated
           Product recall insurance is an important                       with primary insurance and not excess
           type of coverage that manufacturers should                     insurance, which provides coverage above
           consider purchasing. Some manufacturers                        underlying layers of primary or other excess
           may believe that their CGL policies cover                      insurance. This session will explore the
           the costs associated with a product recall                     contrasting language in excess policies and
           but, generally, that is not the case. While                    the duty versus the discretionary right to
           most CGL policies cover property damage                        associate and drop down coverage in certain
           and bodily injury resulting from a product’s                   situations, including when losses are not
           failure, product recalls are typically excluded                covered by primary insurance when the
           from coverage, absent an endorsement to                        primary insurer is insolvent or when the
           the contrary. Ms. Forshaw will explore the                     primary insurer refuses to defend.
           coverage issues in complex recall cases in                     Stephanie Schrandt-Boone, Swiss Re
           the wake of the recent worldwide recall by                     America Holding Corporation , Overland Park,
           Toyota.                                                        Kansas
           Mary Beth Forshaw, Simpson Thacher &
           Bartlett LLP, New York, New York


12:30 p.m. Adjourn




                                                        DRI is the largest international membership organization of
                                                        attorneys defending the interests of business and individuals
                                                        in civil litigation. Diversity is a core value at DRI. Indeed,
                                                        diversity is fundamental to the success of the organization,
                                                        and we seek out and embrace the innumerable benefits and
                                                        contributions that the perspectives, backgrounds, cultures
DIVERSITY AND INCLUSION                                 and life experiences a diverse membership provides.
         IN DRI:                                        Inclusiveness is the chief means to increase the diversity of
A STATEMENT OF PRINCIPLE                                DRI’s membership and leadership positions. DRI’s members
                                                        and potential leaders are often also members and leaders of
                                                        other defense organizations. Accordingly, DRI encourages all
                                                        national, state and local defense organizations to promote
                                                        diversity and inclusion in their membership and leadership.
                                                                                           March	30–April	1,	2011                   9


G E N E R A L I N F O R M AT I O N                              will be mailed within four weeks after the date of the
                                                                conference. Substitutions may be made at any time
                                                                without charge and must be submitted in writing.
CLE	ACCREDITATION
This seminar has been approved for MCLE credit by               COURSE	MATERIALS
the State Bar of California in the amount of 13 hours,          In order to better serve and satisfy the numerous requests
including 1 hour of ethics credit. Accreditation has been       from our membership, DRI will mail the course materials
requested from every state with mandatory continuing            to all registrants in CD-ROM format 12 days in advance of
legal education (CLE) requirements. Certificates of             the seminar. You can order additional copies by checking
attendance will be provided to each attendee. Attendees         the appropriate box on the registration form on the back
are responsible for obtaining CLE credits from their            of this brochure or ordering online at www.dri.org.
respective states. Credit availability and requirements
vary from state to state; please check our website at           Sponsored by	SNR	Denton
www.dri.org for credit information for your state.
                                                                SUPPLEMENTAL	MATERIALS
REGISTRATION                                                    Recommended supplemental material for this seminar
The registration fee is $745 for members and those              is Punitive	Damages:	A	State-by-State	Compendium.
who join DRI when registering and $875 for non-                 Order your copy by checking the appropriate box on the
members. The registration fee includes CD-ROM course            registration form on the back of this brochure. You can
materials, continental breakfasts, refreshment breaks           also view the entire list of DRI publications offerings and
and networking receptions. If you wish to have your             make purchases online at www.dri.org.
name appear on the registration list distributed at the
conference and receive the course materials in advance,         HOTEL	ACCOMMODATIONS
DRI must receive your registration by March	10,	2011            A limited number of discounted hotel rooms have been
(please allow 10 days for processing). Registrations            made available at the Fairmont	Chicago	Millennium	Park,
received after March	10,	2011, will be processed on-site.       	200	North	Columbus	Drive,	Chicago,	Illinois	60601. For
                                                                reservations, contact	the	hotel	directly	at	312.565.8000.
IN-HOUSE	COUNSEL                                                Please mention DRI’s	Insurance	Coverage	and	Claims	
In-house counsel are eligible for free registration             Institute to take advantage of the group rate of $175	
to DRI seminars. In-house counsel are defined as                Single/Double. The hotel block is limited and rooms and
licensed attorneys, who are employed exclusively by a           rates are available on a first-come, first-served basis. You
corporation or other private sector organization, for the       must make reservations by March	1,	2011, to be eligible
purpose of providing legal representation and counsel           for the group rate. Requests for reservations made after
only to that corporation, its affiliates and subsidiaries. In   March	1 are subject to room and rate availability.
order to qualify for free registration, the individual must
also be a DRI member and a member of DRI’s Corporate            TRAVEL	DISCOUNTS
Counsel Committee. Offer excludes DRI Annual Meeting.           DRI offers discounted meeting fares on various major
                                                                air carriers for DRI’s	Insurance	Coverage	and	Claims	
SPECIAL	DISCOUNTS                                               Institute attendees. To receive these discounts, please
The first and second registrations from the same firm           contact Hobson Travel Ltd., DRI’s official travel provider
or company are subject to the fees outlined above. The          at 800.538.7464. As always, to obtain the lowest
registration fee for additional registrants from the same       available fares, early booking is recommended.
firm or company is $695, regardless of membership
status. All registrations must be received at the same          FLYER
time to receive the discount.                                   Sponsored by		Meckler	Bulger	Tilson	Marick	&	
                                                                             Pearson	LLP	
REFUND	POLICY                                                   See your attendee packet on-site for information on this
The registration fee is fully refundable for cancellations      sponsor.
received on or before March	10,	2011. Cancellations
received after March 10 and on or before March	17,	             HOTEL	KEY	CARD
2011, will receive a refund, less a $50 processing fee.         Sponsored by		Plunkett	Cooney	PC
Cancellations made after March	17 will not receive a
refund, but the course materials on CD-ROM and a                The taping or recording of DRI seminars is prohibited without the
$100 certificate good for any DRI seminar within the            written permission of DRI.
next 12 months will be issued. All cancellations and            Speakers and times may be subject to last-minute changes.
requests for refunds must be made in writing. Fax to            DRI policy provides there will be no group functions sponsored by
DRI’s Accounting Department at 312.795.0747. All refunds        others in connection with its seminars.
10         Insurance	Coverage	and	Claims	Institute


SEMINAR SPONSORS                                     F A C U LT Y

DRI wishes to thank our sponsors for their support   Michael	F.	Aylward is a senior partner in the Boston
at this year’s seminar!                              office of Morrison Mahoney LLP, where he chairs the
                                                     firm’s complex insurance coverage practice group. For
                                                     the past 25 years, Mr. Aylward has represented insurers
                                                     around the country in disputes with their policyholders,
                                                     including bad faith, intellectual property disputes,
                                                     environmental and mass tort claims, and construction
                                                     defect litigation. He has also testified as an expert in
                                                     cases involving coverage and reinsurance issues.
                                                     Mr. Aylward is a past chair of DRI’s Insurance Law
                                                     Committee and serves on its Law Institute.

                                                     Michael	A.	Barnes is a partner in the San Francisco and
                                                     Walnut Creek, California, offices of SNR Denton US LLP,
                                                     where he heads the firm’s core coverage and claims
                                                     practice. Mr. Barnes has advised insurers on coverage
                                                     disputes in more than 35 states, and regularly handles
                                                     coverage and bad faith trials and appeals, which have
                                                     resulted in more than 24 published opinions. He
            Jeff KICHAVEN                            co-authored chapters on liability insurance in the New
            “The Way Mediation Ought To Be”
                                                     Appleman on Insurance Law Library Edition and New
                                                     Appleman Insurance Law Practice Guide.

                                                     Lisa	Brennan	is a senior claims examiner with Prairie
                                                     State Administrative Services Inc. and claims manager
                                                     for State Farm Specialty Products in Chicago. Ms. Brennan
                                                     handles professional liability claims throughout the
                                                     United States, including architects/engineers,
                                                     accountants, dentists, employment, homeowners
                                                     associations, miscellaneous errors and omissions,
                                                     not-for-profit directors and officers, and technology.
                                                     Before joining Prairie State (a Markel entity),
                                                     Ms. Brennan was in private practice, where she
                                                     specialized in commercial litigation, product liability,
                                                     construction litigation and medical malpractice.

                                                     Charles	W.	Browning is a shareholder and board
                                                     member with Plunkett Cooney PC, residing in its
                                                     Bloomfield Hills, Michigan, office. He oversees the firm’s
                                                     duties as coverage counsel for several major property
                                                     and casualty insurers and has represented insurance
                                                     companies in high exposure cases in more than 30
                                                     states. Annually recognized as a “Michigan Super
                                                     Lawyer” and listed in Best Lawyers in America,
                                                     Mr. Browning is a member of DRI, the IADC and the FDCC.
                                                     He is the program chair of this seminar.
                                                                                      March	30–April	1,	2011          11


Christopher	“Kipper”	Burke	is the senior claims counsel        F.	Lane	Finch,	Jr., is a member of Hand Arendall LLC in its
at Great American Insurance Company in Cincinnati. He          Birmingham, Alabama, office. He has advised on
provides advice and counsel to Great American regarding        insurance coverage, defended bad faith claims and
insurance coverage issues on a variety of insurance            litigated first-party and third-party claims in Alabama
products, as well as advice and counsel regarding bad          and California for 23 years. His practice has included
faith claims and institutional risks. Prior to joining Great   litigating coverage issues for a $500 million D&O
American, Mr. Burke was in private practice in                 program, trying bad faith cases, defending injury and
San Antonio, where he focused primarily on the                 wrongful death claims and advising on coverage for
representation of insurance carriers on insurance              hundreds of Hurricane Katrina claims. Mr. Lane has
coverage and bad faith litigation.                             authored numerous articles on insurance coverage and
                                                               bad faith issues.
Wen-Shin	Cheng, a partner in the Chicago office of
Tressler LLP, focuses on the representation of                 Mary	Beth	Forshaw is a partner in the New York City
representing insurance companies in complex coverage           office of Simpson Thacher & Bartlett LLP, and a member
matters. Ms. Cheng represents insurers across the              of its executive committee. She has extensive experience
country in disputes regarding interpretation of general        representing clients in general commercial litigation and
liability, excess liability, public entity liability and       arbitration, including matters relating to insurance
professional liability policies, as well as the defense of     coverage, reinsurance, international arbitration,
extra-contractual claims. She is the author of “Settling       bankruptcy and the financial industry. Ms. Forshaw has
Claims Under Reservations of Rights,” which was                been named in The Best Lawyers in America, Legal 500,
published in For The Defense, May 2010.                        Euromoney’s Guide to the World’s Leading Insurance and
                                                               Reinsurance Lawyers and a “New York Super Lawyer.”
Rebecca	Y.	Cooper	is an associate at Larzelere Picou
Wells Simpson Lonero LLP in Metairie, Louisiana. Her           Matthew	S.	Foy is a partner in the San Francisco office of
practice is concentrated in the areas of insurance             Gordon & Rees LLP. Mr. Foy represents insurers across the
coverage and coverage litigation involving both                country in insurance coverage and bad faith litigation
first-party and third-party insurance, including marine        relating to primary and excess general liability policies
insurance. She has significant experience in the areas of      (with an emphasis on mass tort, environmental,
maritime law, energy matters, and environmental and            advertising injury and construction defect claims) and
toxic torts.                                                   first-party coverage litigation, as well. His practice
                                                               includes counseling clients in claims administration,
                                                               policy analysis and drafting. He is the publications chair
Lee	Craig is a partner in the Tampa, Florida, office of        for DRI’s Insurance Law Committee.
Butler Pappas Weihmuller Katz Craig LLP. An experienced
trial and appellate lawyer, he has concentrated, for most
of his career, on the analysis and defense of first-party      Joseph	M.	Goldberg is the assistant general counsel and
insurance matters, including “bad faith” and extra-            director of legal services at Sentry Insurance Company in
contractual damages litigation. Mr. Craig is a member of       Stevens Point, Wisconsin. He manages the corporate
the DRI Board of Directors and a past chair of DRI’s           legal department and the staff counsel operation, and
Insurance Law Committee.                                       he advises the claims department on extra-contractual
                                                               exposures. Previously, Mr. Goldberg represented insurers
                                                               in liability defense and coverage litigation in private
Carlos	Del	Carpio is a partner at the Chicago law firm of      practice in Minneapolis. He is the immediate past vice
Meckler Bulger Tilson Marick & Pearson LLP. His practice       president-insurance of the IADC.
concentrates on insurance coverage and bad faith.
Previously, he served as vice president, director claims
strategic at RiverStone Claims Management LLC, where           Matthew	M.	Haar is a litigation attorney in Saul Ewing
he focused on evaluating, litigating and resolving the         LLP’s Harrisburg, Pennsylvania, office and is a member
most volatile and complex liability exposures of certain       of its insurance practice group. He concentrates on
affiliated insurance companies, including TIG Insurance        corporate and commercial litigation, with an emphasis
Company.                                                       on complex insurance and reinsurance litigation,
                                                               including bad faith cases and inter-insurance company
                                                               coverage disputes. Mr. Haar has represented both
                                                               insurance companies and insureds in administrative
                                                               proceedings, complex coverage and contractual disputes,
                                                               bad faith actions and rehabilitations and liquidations. He
                                                               is chair of the Bad Faith Specialized Litigation Group of
                                                               DRI’s Insurance Law Committee.
12          Insurance	Coverage	and	Claims	Institute


John	T.	Harding,	Jr., a partner in the Boston office of       Christopher	W.	Martin is the founding partner of Martin
Morrison Mahoney LLP, is a member of its complex              Disiere Jefferson & Wisdom LLP, a 65-lawyer insurance
insurance and reinsurance practice group. Mr. Harding has     coverage and litigation firm with offices across Texas. He
more than 20 years of experience in handling major            defends coverage and bad faith lawsuits across the
insurance, reinsurance and bad faith disputes in trial and    country arising out of a wide array of property and
appellate courts throughout the United States and in          liability policies. Mr. Martin is the author of four legal
international arbitrations, including product liability,      treatises on insurance law and more than 100 articles.
pharmaceutical products and medical devices, asbestos,        For the past 15 years, he has been the professor of
environment and employment discrimination. Mr. Harding        insurance law at the University of Houston Law School.
is the publications chair for DRI’s Insurance Law
Committee and has been named a “Massachusetts Super           Kathy	J.	Maus is a partner in the Tallahassee office of
Lawyer.”                                                      Butler Pappas Weihmuller Katz Craig LLP and is active in
                                                              its bad faith, casualty and insurance coverage practices.
Alan	P.	Jacobus	is a litigation and insurance coverage        Her professional memberships include DRI (former board
partner at Carroll Burdick & McDonough LLP in                 member), IADC, FDLA, ABOTA, William Stafford Inns of
San Francisco. A large part of Mr. Jacobus’s practice         the Court, Tallahassee Bar Association (vice president)
involves representing insurance companies against             and Tallahassee Women Lawyers (past president). She
claims for coverage for mass torts, including pollution       has been named a “Florida Super Lawyer” for insurance
and asbestos. Mr. Jacobus also has extensive civil            matters since 2004. Ms. Maus has written numerous
litigation experience in areas ranging from surety and        articles on bad faith and first- and third-party insurance
fidelity bonds to intellectual property disputes. He is a     coverage matters.
member of DRI’s Insurance Law Committee.
                                                              Michelle	M.	Meyers, an attorney with Burnham Brown in
Daina	E.	Kojelis	is senior coverage counsel for Zurich in     Oakland, California, advises and defends insurers in
North America, in Schaumburg, Illinois. Ms. Kojelis           coverage litigation. She has extensive experience in
provides coverage advice to claims and underwriting           handling actions both in mediation and at trial. In
professionals and supervises related litigation, including    addition, she regularly advises clients on coverage
bad faith litigation arising from claims handling. She is a   opinions and policy review. Ms. Meyers is licensed to
member of DRI, the FDCC, the ABA and the Illinois State       practice law in California and Nevada. She is a member
Bar Association and is a frequent speaker on insurance        of the DRI’s Insurance Law Committee and a program
coverage and good faith issues. Ms. Kojelis is a program      co-vice chair of this seminar.
co-vice chair of this seminar.
                                                              John	C.	Minett	is vice president and counsel, professional
Brooks	R.	Magratten is a partner in the Providence,           liability claims manager with Endurance Services Ltd. in
Rhode Island, office of Pierce Atwood LLP. Mr. Magratten      New York City. He has over 20 years of law firm and
represents insurers and fiduciaries in life, health,          corporate in-house experience in the insurance/
disability and ERISA litigation in southern New England.      reinsurance industry. Prior to joining Endurance in
He is the immediate past chair of DRI’s Life, Health and      January 2009, Mr. Minett was a partner in a New York law
Disability Committee and the former chair of the Health       firm, where he specialized in D&O and professional
and Disability Committee for ABA-TIPS. He serves on           liability insurance claims coverage, underwriting and
DRI’s Law Institute and is a member of the Association of     client advisory services. He is a frequent speaker,
Life Insurance Counsel.                                       published author and a recognized authority on D&O,
                                                              financial institutions , fiduciary-ERISA and professional
Daniel	Maldonado is a partner at Kunz Plitt Hyland            liability topics.
Demlong & Kleifield PC in Phoenix. His practice involves
the analysis and litigation of complex insurance coverage     Jennifer	S.	Muse, a senior associate at the Los Angeles
issues for both personal lines and commercial lines,          office of Anderson McPharlin & Conners LLP, advises and
including EPLI and personal injury/advertising injury         represents insurers in insurance coverage disputes
issues, as well as the defense of complex bad faith claims.   arising under first- and third-party insurance policies. In
Mr. Maldonado is a contributing author for CAT Claims:        addition to her insurance practice, Ms. Muse represents
Insurance Coverage for Natural and Man-Made Disasters,        lien holders, mortgage lenders and real property owners
an associate author for Couch On Insurance 3d, and the        in all aspects of litigation in federal and state court. She
author of several published articles and law reviews.         currently serves as the membership chairperson for DRI’s
                                                              Insurance Law Committee.
                                                                                       March	30–April	1,	2011           13


Margaret	J.	Orbon, a senior partner in the Chicago office       Ronald	R.	Robinson, founder and executive partner of
of Clausen Miller PC, focuses on the analysis and               Berkes Crane Robinson & Seal LLP in Los Angeles, has, for
litigation of liability insurance issues involving insurers     over 25 years, specialized in insurance underwriting
throughout the country, with particular emphasis on             advice; coverage litigation and ADRs concerning asbestos,
commercial, toxic and environmental claims. Her practice        toxic tort and environmental claims; and entertainment
includes all aspects of insurance coverage law, including       and intellectual property claims. His previous DRI service
investigations, claim handling, the preparation of              includes membership on the Law Institute; chair of the
opinion letters and all phases of declaratory judgment          Insurance Law and Excess & Reinsurance Committees;
litigation. Ms. Orbon has extensive experience in the           and chair of the Subcommittee on Terrorism Risk
preparation and trial of large complex cases.                   Insurance Acts of 2002, 2005 and 2007, for which he
                                                                received DRI’s National Community Service Award.
Ricardo	H.	Piedra	serves as senior corporate counsel/
litigation for the FCCI Insurance Group, which is based in      Stephanie	Schrandt-Boone is a claims expert with Swiss
Sarasota, Florida, and operates in 14 states. Mr. Piedra        Re America Holding Corporation in Overland Park,
supervises the handling of all insurance coverage               Kansas. Ms. Schrandt-Boone handles asbestos, pollution
determinations in both liability and workers’ compensation      and health hazard claims and manages associated
matters, as well as the monitoring of all company               coverage litigation throughout the United States. Before
litigation. Prior to joining FCCI, he was the managing          going in-house, she was in private practice for nine
attorney and senior trial attorney for Zurich’s staff counsel   years, specializing in insurance coverage, commercial
program in south Florida. Previously, he was in private         litigation and product liability litigation.
practice in an aviation/maritime insurance defense firm.
                                                                Jonathan	L.	Schwartz	is an attorney with Lewis Brisbois
Gretchen	A.	Ramos	is a partner in the San Francisco             Bisgaard & Smith LLP in Chicago, where he concentrates
office of Carroll Burdick & McDonough LLP, a litigation         his nationwide practice in insurance coverage litigation,
firm with offices in California, Germany and China. The         including primary and excess/umbrella commercial
vice chair of the firm’s insurance practice group,              general liability, professional liability, and employer’s
Ms. Ramos concentrates on insurance coverage and bad            liability and employment practices liability coverage.
faith, representing insurers in multi-million dollar            Mr. Schwartz also maintains a robust tort defense
insurance disputes in federal and state courts throughout       practice. He is a member of the editorial staff for the DRI
the country, and has consistently achieved favorable            Insurance Law Committee’s newsletter, Covered Events .
resolutions in a cost-effective manner. She regularly
advises her insurer clients on complex issues so as to          Gordon	K.	Walton	is a partner at Meckler Bulger Tilson
position them favorably in future coverage disputes or to       Marick & Pearson LLP, a Chicago-based firm that recently
avoid such disputes altogether.                                 opened offices in Dallas and Phoenix. He has experience
                                                                in all aspects of casualty liability insurance, including
Douglas	R.	Richmond	is senior vice president in the             insurance coverage counseling and coverage litigation.
professional services group of Aon Risk Services in             His practice also focuses on complex tort and
Chicago, where he consults with Aon’s large law firm            environmental litigation, including mass tort cases
clients on professional liability and responsibility issues.    involving multiple plaintiffs and defendants. Mr. Walton
Before joining Aon, Mr. Richmond was a partner with a           regularly lectures on insurance coverage and product
Kansas City, Missouri, law firm, where he had a national        liability issues for clients and various industry groups. He
trial and appellate practice. He is the co-author of a          is a member of DRI and the FDCC.	
leading insurance law treatise, Understanding Insurance
Law (4th ed. 2007), and an adviser on the American Law          Anthony	R.	Zelle, the founder of Zelle McDonough &
Institute’s important new project developing the                Cohen LLP in Boston and New York City, represents
Principles of the Law of Liability Insurance .                  insurers in complex coverage and bad faith litigation.
                                                                Mr. Zelle is the chair of DRI’s Insurance Law Committee
                                                                and a past chair of DRI’s Bad Faith and Extra-Contractual
                                                                Claims Subcommittee. Mr. Zelle compiled and edited
                                                                DRI’s Compendium of Insurance Bad Faith Law. In
                                                                addition to his DRI involvement, he has served the
                                                                insurance industry for more than a decade as a member
                                                                of the faculty of the National Forum for Property Loss
                                                                Professionals.
14            Insurance	Coverage	and	Claims	Institute


2011 SEMINAR SCHEDULE

January 26–28       Civil Rights and Governmental Tort       May 5–6           Drug and Medical Device Litigation
                    Liability                                                  Sheraton Chicago Hotel and Towers ,
                    The Ritz-Carlton New Orleans ,                             Chicago, IL
                    New Orleans, LA
                                                             May 12–13         Strictly Retail
February 3–4        Sharing Success: A Seminar for                             Swissôtel Chicago , Chicago, IL
                    Women Lawyers
                    Fontainebleau Miami Beach ,              May 18–20         Employment Law
                    Miami Beach, FL                                            The Westin Kierland , Scottsdale, AZ
February 10–11      Toxic Torts and Environmental Law        June 9–10         Young Lawyers
                    New Orleans Marriott , New Orleans,                        Hilton Austin , Austin, TX
                    LA
                                                             June 16–17        Diversity for Success
March 10–11         Appellate Advocacy                                         Swissôtel Chicago , Chicago, IL
                    JW Marriott Orlando, Grande Lakes,
                    Orlando, FL                              June 23–24        Extra-Contractual Liability
                                                                               The Westin Washington, D.C. City
March 10–11         Medical Liability and Health Care Law                      Center, Washington, D.C.
                    Palace Hotel , San Francisco, CA
                                                             September 15–16 Nursing Home/ALF Litigation
March 23–25         Damages                                                  Boston Marriott Copley Place , Boston,
                    Bally’s Las Vegas , Las Vegas, NV                        MA

March 30–           Insurance Coverage and Claims            September 15–16 Strictly Automotive
April 1             Institute                                                Marriott Dearborn Inn , Dearborn, MI
                    Fairmont Chicago Millennium Park ,
                    Chicago, IL                              September 22–23 Construction Law
                                                                             JW Marriott Desert Ridge , Phoenix, AZ
April 6–8           Product Liability Conference
                    Hilton New Orleans Riverside,            October 26–30     Annual Meeting
                    New Orleans, LA                                            Washington Marriott Wardman Park ,
                                                                               Washington, D.C.
April 14–15         Business Litigation and Intellectual
                    Property                                 November 10–11 Asbestos Medicine
                    InterContinental Chicago, Chicago, IL                   Bellagio , Las Vegas, NV

April 27–29         Life, Health, Disability and ERISA       December 15–16 Insurance Coverage and Practice
                    Claims                                                  Sheraton New York Hotel & Towers ,
                    Boston Marriott Copley Place , Boston,                  New York, NY
                    MA
    JOIN DRI NOW AND REGISTER AT THE MEMbERSHIP RATE—a                                                                $130 savings!
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