ACCEC 5th Annual Conference Logo

ACCEC's 5th Annual Meeting

Annual Conference Co-chairs:
Stephen Pate
Robert Thavis
Vice Chairs:
Stacy Broman
Jason Mazer

View the full brochure--Click Here 
Click here to register online

Date & Location

Wednesday, May 10 - Friday, May 12, 2017

Palmer House Hilton
17 East Monroe
Chicago, IL 60603

ACCOMODATIONS

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

REGISTRATION

ACCEC Fellows:
$545 on or before April 17, 2017
$595 April 18 and after

Guest Fee (includes breakfast, receptions, and dinner only; guests can not access the conference sessions): $250

The early bird registration deadline is April 17, 2017. The final registration deadline is Friday, May 7. Space is limited and available on a first-come, first-served basis.

Click here to download the full brochure and registration form.

Many thanks to our sponsor:

 KCIC   

AGENDA 

Wednesday, May 10, 2017

9:00 am – 5:00 pm    Board of Regents Meeting/ Strategic Planning Session (offsite)

5:30 – 6:30 pm            Committee Meetings
Salon 2

6:30 – 7:30 pm            Welcome Reception
Crystal Room

Thursday, May 11, 2017
Sessions are in Honore Room

8:00 – 8:50 am        Continental Breakfast
Empire Room

8:50 – 9:00 am        Welcome Remarks 

  • Mary Craig Calkins, Kilpatrick Townsend & Stockton LLP; ACCEC President
  • Stephen Pate, Norton Rose Fulbright; 2017 Annual Meeting Co-chair
  • Robert Thavis, Stinson Leonard Street, LLP; 2017 Annual Meeting Co-chair

 9:00 – 9:50 am          The Cobbler’s Children Have No Shoes: Professional Liability Insurance

  • Laura Hanson, Meagher & Geer
  • Ron Kammer, Hinshaw & Culbertson LLP
  • R. Hugh Lumpkin, Ver Ploeg & Lumpkin
  • Sheri Pastor, McCarter & English

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

  • Barry Fleishman, Kilpatrick Townsend
  • Tarron Gartner-Ilai, Cooper & Scully, P.C.
  • Ellen Van Meir, Thompson Coe

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

  • Bruce Celebrezze, Sedgwick LLP
  • Elizabeth Stewart, Murtha Cullina

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?

  • Timothy Burns, Perkins Coie
  • Janet Davis, Cozen O'Connor
  • Lee Ogburn, Kramon & Graham, P.A.

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
Empire Room

Keynote Remarks: Alexander Hamilton and James Donavan: Coverage Lawyers in the Spotlight

  • Randy Maniloff,White and Williams LLP

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

  • Art Garrett, Keller and Heckman LLP
  • Suzan Charlton, Covington & Burling LLP
  • Julia Molander, Cozen O'Connor
Food companies need to prepare for the inevitable food recall. In support of in-house prevention programs, food companies should strive for a comprehensive “food recall insurance” program with few or no gaps. The insurance program should not only provide for defense and indemnity when liability policies are triggered, but can also cover first-party property losses, give directors and officers a safety net in case of allegations of wrongdoing, provide outside crisis management experts and legal support, and even link companies with catastrophe centers designed to be ready to respond at a moment’s notice. Insurance policies to be explored are the CGL (primary/ excess), property, marine cargo, D&O, PCI and Supplier's CGL (as additional insured).

1:40 – 2:40 pm        Master Class: Bad Faith Trial Tactics From the Best, For the Best

  • Barbara O'Donnell, Zelle McDonough & Cohen LLP
  • Chris Martin, Martin, Disiere, Jefferson & Wisdom LLP
  • Tom Segalla, Goldberg Segalla
  • Mike Huddleston, Munsch Hardt Kopf & Harr, PC

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

  • Robert D. Allen, The Allen Law Group
  • Nicholas Nierengarten, Gray Plant Mooty
  • Sara Thorpe, Nicolaides Fink Thorpe Michaelides Sullivan LLP

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.

3:30 – 4:10 pm        Louisiana Hayride—Arceneaux and Pro-rata Defense Allocation—the New Trend

  • Laura Foggan, Crowell & Moring
  • Marty Pentz, Foley Hoag
  • Jay Sever, Phelps Dunbar LLP
The topic concerns the question whether Arcenaux and other recent rulings in which courts have divided responsibility for defense costs represent a new order, in which there will be greater recognition of limitations on defense obligations, or a flash in the pan with narrow applicability to the facts of individual cases.

4:10 – 4:50 pm
    Reflections on a Paradigm Shift for Extra-Contractual Liability in the Restatement of the Law, Liability Insurance
  • Michael Aylward, Morrison Mahoney LLP
  • Lorelie Masters, Perkins Coie
  • Jeffrey E. Thomas, University of Missouri - Kansas City School of Law
The Restatement of the Law, Liability Insurance is close to final approval after six years of work. This panel will address the paradigmatic shift away from “bad faith” to an insurer’s “duty to make reasonable settlement decisions.” It will discuss several of the top concerns from this shift from the perspectives of policyholders, insurers and an academic. Time will be reserved for questions and discussion.

6:30 – 7:30 pm     Reception
Empire Room

7:30 – 9:00 pm     Dinner and Presentation of the Thomas Segalla Award
Empire Room

Friday, May 12, 2017
Sessions are in Honore Room

8:00 am – 9:00 am        Continental Breakfast
Empire Room

9:00 – 9:40 am             Chances Are ... A Fortuity Case Study
  • Bernard Bell, Miller Friel, PLLC
  • Myles Parker, Carroll Warren & Parker PLLC
  • Susan Harwood, Boehm Brown Harwood PA (moderator)
The advocates and moderator will present one or more hypothetical fact scenarios and, from the perspective of insurer and policyholder, analyze whether the loss(es) are fortuitous. The panelists will discuss their experiences in a large matter that was arbitrated in London over the issue of whether the loss was fortuitous.

9:40 – 11:00 am            You Screwed Up: You Trusted Us!: Conflicts Among Insurers, Independent Counsel, and Insureds
  • Marion B Adler Rachlis Duff Adler Peel & Kaplan, LLC
  • William Barker, Dentons
  • Doug McIntosh, McIntosh Sawran & Cartaya, P.A.
  • Neil Posner, Much Shelist PC
What are the rights and responsibilities of insurers with respect to defense by independent counsel; what duties to the insurer does independent counsel have in its dealings with the insurer?

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
  • Robert Chesler, Anderson Kill
  • Suzanne Midlige, Coughlin Duffy LLP
  • Anthony Leuin, Shartsis Friese LLP
A distinguished panel will lead an interactive audience conversation about these recent important cases. This is not a "talking heads" speech-- it is a group discussion about the impact of these cases on the country's leading practitioners-- Us.

12:05 – 12:10 pm      Closing Remarks