Chicagocityscape

ACCEC's 6th Annual Meeting

** This meeting is open to ACCEC Fellows only. **

** Note: Neither ACCEC staff or the conference hotel will contact you to make your hotel reservations.**

Annual Conference Co-chairs:

Stacy Broman
Jason Mazer
Vice Chairs:
Jim Cooper
Sara Thorpe

View our brochure.

View a printable registration form.

Wednesday, May 16 - Friday, May 18

The Westin Chicago River North
320 N Dearborn Street
Chicago, IL 60654

To get the group rate, visit our ACCEC link through the hotel's website, or call (312) 744-1900.

Register here.

Many thanks to our sponsors:

Esquire Deposition Solutions     KCIC

 

Agenda

Wednesday, May 16, 2018

6:30 – 8:00 pm            Welcome Reception
Promenade Ballroom C

Thursday, May 17, 2018
Sessions are in Astor Room

7:30 – 8:30 am        Breakfast Buffet
Riverfront Room

8:30 – 8:40 am        Welcome Remarks 
Astor Room

  • Bruce Celebrezze, Clyde & Co.; ACCEC President
  • Stacy Broman, Meagher & Geer, P.L.L.P., 2018 Annual Meeting Co-Chair
  • Jason Mazer, Ver Ploeg & Lumpkin, P.A.; 2018 Annual Meeting Co-Chair

8:40 – 9:30 am          Coverage in a Time of Storms
Astor Room

  • William Berk, Berk, Merchant & Sims, PLC
  • Sherilyn Pastor, McCarter & English LLP
  • Neil Rambin, Drinker Biddle & Reath LLP

Following storm events, disputes can arise over the cause and amount of covered loss. Most policies allow parties to invoke appraisal by a competent and disinterested appraiser or panel to attend to valuation issues.  We will discuss when an appraisal award can be set aside for a party or party appraiser’s failure to disclose potential conflicts of interest.  We also will discuss concurrent and efficient proximate cause issues, which are likely to arise where covered and excluded causes combine to create a loss.

9:30 – 10:15 am         Rules of the Game
Astor Room

  • Kenneth Abraham, University of Virginia School of Law
  • Richard Bryan, Jackson & Campbell, P.C.
  • Lorelie Masters, Hunton & Williams, LLP
  • Jack Montgomery, Jones Day

The panelists will present a dialog, separately between policyholder and its counsel, and between insurer and its counsel, regarding the issues frequently encountered at the commencement of a Bermuda form arbitration. The issues will include: commencement and pleadings, the seat of the arbitration, curial law, selection of arbitrator (US, English, Bermudian, other) selection of chair (same possibilities) and involvement of the parties in his/her selection, the need for and selection of a QC, discovery, expert witnesses, proof of law, admissibility of extrinsic evidence, and the possible consideration of a preliminary issue (similar to summary judgment).

10:15 – 10:30 am    Break

10:30 – 11:40 am     Ethical Issues Arising Out of Sharing Information
Astor Room

  • Marialuisa Gallozzi, Covington & Burling LLP
  • Neil Posner, Much Shelist, P.C.
  • Doug Richmond, Aon Professional Services

Complex cases give rise to complicated relationships among insurers, insureds, lawyers, experts, to name just a few. In the typical situation, information has to be shared in order to allow all parties to do their jobs, and protect their respective interests. This panel will discuss the ethical, as well as evidentiary, concerns that are implicated by these situations.

11:30 am – 12:30 pm     Transactional Liability Insurance
Astor Room

  • Joeseph Finnerty, III, DLA Piper LLP
  • Jill Kerxton, Aon Risk Solutions
  • Peter Rosen, Latham & Watkins LLP

Panelists will briefly trace the development of transactional liability policies and how the M&A markets have increasingly adopted these policies in private and public M&A transactions. The panel will discuss the various types of transactional liability policies, their mechanics and their key provisions. The panel also will discuss how the policies and their provisions have affected the way private equity firms and companies have approached the purchase or sale of a private company. The panel will further discuss the claims history of these policies and give specific examples from known arbitrations and litigations.

12:30 – 1:30 pm     Lunch      Annual Business Meeting, featuring Recognition of New Members
Promenade Ballroom ABC

1:45 – 2:45 pm     Comparative Bad Faith: Trends, Tricks, and Traps
Astor Room

  • Lewis Collins, Butler Weihmuller Katz Craig LLP
  • Christine Haskett, Covington & Burling LLP
  • Doug McIntosh, McIntosh Sawran & Cartaya P.A.
  • Doug Richmond, Aon Risk Solutions
  • Joyce Wang, Carlson, Calladine & Peterson LLP (moderator)

Is comparative bad faith a viable theory in 1st and 3rd party claim and, if so, to what extent? The Extra-Contractual Committee will present a point-counterpoint panel discussion of this concept including: Are burdensome requests/refusal to provide information evidence of comparative bad faith? Is the application of comparative fault principles inconsistent with an insurer's obligation of good faith and fair dealing? Does the defense of comparative bad faith discourage so-called “set-ups” and does it invade claimant’s counsel’s state of mind? Is this theory already accounted for when considering the willingness of the claimant to settle/no reasonable possibility of settlement? Under the Totality of the Circumstances test, is comparative bad faith a proper consideration or does the attorney client or work product privilege prevent such an inquiry? Can the parties use “custom and practice” experts to opine on questions of policy interpretation or good faith claim handling?

2:45 – 3:00 pm        Break

3:00 – 3:45 pm    Managing Captive Claims
Astor Room

  • Michael Aylward, Morrison Mahoney LLP
  • David Goodwin, Covington & Burling LLP
  • Barbara Miller, Wells Fargo & Company

Many large companies use their captive insurance companies to pay claims and then reinsure their captives.  This session, which will include the claims manager for Wells Fargo’s captive insurer, will explore how captives handle claims in the real world, and how reinsurers respond to claims from captives.

3:45 – 4:30 pm        Fifteen Cases in 45 Minutes
Astor Room

  • Robert Chesler, Anderson Kill PC
  • Tony Leuin, Shartsis Friese LLP
  • Suzanne Midlige, Coughlin Duffy LLP

A review of the leading insurance coverage decisions of 2017-2018, including Medidata Solutions v. Federal Insurance Co., Travelers v. Activis, OneBeacon v. Celanese, and Harleysville v. Heritage Communities.


6:30 – 7:30 pm     Reception
Promenade Ballroom C

7:30 – 9:30 pm     Dinner
Astor Room

 

Friday, May 18, 2018
7:30 am – 8:30 am        Breakfast Buffet
Promenade Ballroom ABC

8:30 – 9:15 am             The Legacy of Level 3 More than 15 Years Later
Astor Room

  • Mitchell Dolin, Covington & Burling LLP
  • Michael Manire, Manire & Galla LLP

It has been fifteen years since the Seventh Circuit issued its landmark ruling in Level 3 questioning the availability of D&O coverage for damages that are “restitutionary” in character. In the ensuing years, courts have come to markedly different approaches on the insurability of damages that might be characterized as restitution or disgorgement.  What is Level 3’s legacy, how has the law evolved, and how have changes in policy language addressed these issues?

9:15 – 10:00 am            The Opioid Epidemic
Astor Room

  • Robert Kole, Choate Hall & Stewart LLP
  • R. Hugh Lumpkin, Ver Ploeg & Lumpkin, P.A.

State and local governments across the country are filing lawsuits on almost a daily basis, seeking recovery of the costs they have expended and are expending as a result of the opioid epidemic. Those suits are being brought against manufacturers, distributors, pharmacies and doctors, among others. The presentation will explore the coverage issues arising from these multi-billion dollar claims, both in terms of decisions that already have been rendered and those that may be on the horizon.

10:00 – 10:15 am     Break

10:15 – 11:15 am        Are Two Policies Better Than One?
Astor Room

  • Suzan Charlton, Covington & Burling LLP
  • Scott Hecht, Stinson Leonard Street LLP
  • Ronald Kammer, Hinshaw & Culbertson LLP

This lively panel will discuss the interplay between occurrence-based CGL policies and claims-made PL policies when both are triggered.  Typically one would think that more coverage is better for the insured, but this is not always the case. Issues that may arise include control of the defense, how defense costs are treated when only the PL policy is a "wasting" policy, and how indemnity costs are allocated, particularly when each policy provides different amounts of coverage.

11:15 am – 12:15 pm        Emerging Coverage B Claims
Astor Room

  • James Bryan, Nexsen Pruet PLLC
  • Laura Foggan, Crowell & Moring LLP
  • Seth Lamden, Neal Gerber Eisenberg LLP

Civil rights claims for wrongful conviction, imprisonment and incarceration have put a spotlight on the availability of Coverage B for such claims. This panel will analyze the emerging body of law concerning these claims as well as emerging theories and defenses to coverage with respect to other Coverage B offenses, notably the scope of coverage for privacy claims.


12:15 pm      Closing Remarks
Astor Room

Cancellation Policy

Cancellations received prior to 5:00pm ET on Friday, May 11 will be refunded, less a 25% processing fee. No refunds will be given for cancellations received after this deadline.