ACCEC's 5th Annual Meeting
Date & Location
Wednesday, May 10 - Friday, May 12, 2017
To get the ACCEC rate of $295/night (single or double), plus tax, reservations must be made through the hotel’s website: https://aws.passkey.com/event/15936700/owner/1455/home. You can also call the Palmer Hilton at 312-726-7500 and reference group code AC2.
Last day to make reservations under the room block is Monday, April 17, 2017.
Check in time is 3:00 pm. Check out is 11:00 am.
Onsite self-parking (enter at 124 South Wabash Street (attached to hotel): $51.
Self-parking across from hotel (enter at 55 East Monroe Street): $44
Wednesday, May 10, 20179:00 am – 5:00 pm Board of Regents Meeting/ Strategic Planning Session (offsite)
5:30 – 6:30 pm Committee Meetings
6:30 – 7:30 pm Welcome Reception
Thursday, May 11, 2017
8:00 – 8:50 am Continental Breakfast
8:50 – 9:00 am Welcome Remarks
9:00 – 9:50 am The Cobbler’s Children Have No Shoes: Professional Liability Insurance
Professional liability insurance policies share several common characteristics. How well do you understand this product, which covers both insurer and policyholder attorneys? What’s a Claim? What constitutes Professional Services? Does the Profit and Advantage exclusion apply when a grievant seek return of the legal fees they paid you? We’ve got these issues covered so that you will better understand your client’s, and your own, professional liability insurance programs.
9:50 – 10:30 am Subrogation, Equitable Contribution, and Other Insurance: Untangling The Gordian Knot Without Prolonged Litigation
The panel will explore issues and disputes that arise when a single policyholder potentially has coverage under several different policies as either a named insured or an additional insured, and the insurance carriers assert theories such as allocation, equitable contribution, other insurance and subrogation, among others, to restrict their obligations to provide defense and indemnity coverage. The panel will focus on the underlying bases for the different assertions and reflect on the best way of resolving the issues short of extensive (and expensive) litigation.
10:30 – 10:40 am Break
10:40 – 11:25 am War and Peace (The Abridged Version): Application of the War and Terrorism Exclusions
The war exclusion has existed in many types of insurance policies for over 100 years. Yet it is not often litigated. This presentation would be an exploration of the genesis of the exclusion, its many amendments over the years, where it applies and where it does not apply. In addition, the presentation would discuss the pertinence of the exclusion in today's world of terrorism.
11:25 am – 12:00 pm Building Product Class Actions - Coverage Under the Roof?
The trend in building product class cases is against certification, but Rule 23 creates room to certify at least a liability-only class. Duty to defend issues: is anything sought by the class beyond product replacement? How do insurers over 20-30 years share the cost? Are $1,000/hr lawyers required to defend these cases? Does a settlement class make sense? Is settlement the policyholder's or the insurers' call? How do liability insurers fit into a settlement package a court will approve? Are the costs of administering a settlement fund defense costs? Is there a way to minimize the cost -both to the policyholder and to the insurers - of these actions without motivating the class action bar to file additional cases?
12:00 – 1:00 pm Lunch
Keynote Remarks: Alexander Hamilton and James Donavan: Coverage Lawyers in the Spotlight
Coverage lawyers are not often household names nor part of pop culture. That has changed recently. Randy Maniloff, noted author of Coverage Opinions, will present a presentation on two in this category. Alexander Hamilton was a major figure in the development of maritime insurance coverage law. James Donovan, of "Bridge of Spies" fame, was a coverage lawyer when not representing a Soviet spy and negotiating for the release of a U.S. spy.
Annual Business Meeting, featuring Recognition of New Members
1:00 – 1:40 pm Keeping Your "Food Recall Insurance" Fresh
1:40 – 2:40 pm Master Class: Bad Faith Trial Tactics From the Best, For the Best
A group of the country's preeminent Bad Faith trial attorneys discuss and demonstrate the latest trends in extra contractual litigation. The panel will cover institutional discovery from both sides, the use and striking of experts, dispositive motions, pre-trial considerations, and trial itself.
2:40 – 2:50 pm Break
2:50 – 3:30 pm Show Me the Money: Latest Developments in the Recovery of Attorneys Fees in Coverage and Bad Faith Litigation
The ability of parties in coverage and bad faith litigation to recover attorneys fees often adds an extra issue into a dispute that can have significant consequences in terms of cost and exposure. The speakers will discuss various ways attorneys fees can be recovered and options available in prosecuting and defending claims for attorneys fees.
4:10 – 4:50 pm Reflections on a Paradigm Shift for Extra-Contractual Liability in the Restatement of the Law, Liability Insurance
6:30 – 7:30 pm Reception
7:30 – 9:00 pm Dinner and Presentation of the Thomas Segalla Award
Friday, May 12, 2017
8:00 am – 9:00 am Continental Breakfast
9:40 – 11:00 am You Screwed Up: You Trusted Us!: Conflicts Among Insurers, Independent Counsel, and Insureds
11:00 – 11:10 am Break
11:10 am – 12:05 pm Fifteen Cases in Forty-Five Minutes: The Most Important Coverage and Extracontractual Decisions of the Past Year
12:05 – 12:10 pm Closing Remarks
Michael Barnes, Dentons US LLP
Mary McCutcheon, Farella Braun & Martel LLP
Presented at the 2017 Law School Symposium, U.C. Hastings College of the Law
Jill B. Berkeley, chair of the Insurance Policyholder practice group and partner in the General & Commercial Litigation group at Neal, Gerber & Eisenberg LLP, was awarded the first Lifetime Achievement Award of the ABA’s Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC). The award was created this year in honor of the 25th anniversary of the Committee’s annual meeting and recognizes Jill’s many significant contributions to the mission and objectives of the Committee and the Section.
Berkeley has been active in the ICLC for decades. Berkeley was the chair of the ICLC program committee in 1996-1997 and the Chair of the Committee in 2006-2007. She has attended 24 out of the 25 Committee midyear meetings. She has been a speaker at five of the conferences. She has served as a vice-chair of ICLC since 2008. One of her most significant contributions to the Committee and to the work of the Section was her role in developing a mutually beneficial publication arrangement between the International Risk Management Institute (IRMI) and the ABA whereby royalty payments from subscriptions to the CGL Reporter were set aside to fund scholarships for the Tort Trial & Insurance Practice Section (TIPS). More than 400 scholarships have been awarded, and more than $500,000 in royalties have been paid into the TIPS program from IRMI. More than 70 members of ICLC have served as editors for the CGL Reporter.
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