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2016 ACCEC Annual Meeting American Collegeaccec of Coverage and Extracontractual Counsel May 4-6, 2016· Sheraton Grand Chicago· Chicago, Illinois

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2016 ACCEC Annual Meeting American Collegeaccec of Coverage and Extracontractual Counsel May 4-6, 2016· Sheraton Grand Chicago· Chicago, Illinois 2016 ACCEC Annual Meeting American CollegeACCEC of Coverage and Extracontractual Counsel May 4-6, 2016· Sheraton Grand Chicago· Chicago, Illinois Wednesday, May 4, 2016 3:30 – 5:00 pm Board of Regents Meeting 5:00 – 6:00pm Committee Meetings 6:30 – 7:30 pm Welcome Reception Click on Panel title to go to papers from that panel. Thursday, May 5, 2016 8:00 – 9:00 am Continental Breakfast 9:00 – 9:50 am Pushing the Boundaries of D&O Entity Coverage Speakers: Marion Adler Rachlis Duff Adler & Peel LLC Dan Bailey Bailey Cavalieri LLC Although historically aimed at providing coverage for corporate governance claims, the “Entity Coverage” contained within D&O policies has expanded – both as a result of deliberate draftsmanship and of creative reading of policy language – to provide coverage to other types of disputes, such as corporate investigations and consumer claims. This program will address recent developments in such “non-traditional” D&O coverage. 9:50 – 10:40 am Cyber Liability Speakers: David Anderson Hoke LLC Robert Chesler Anderson Kill & Olick, P.C. Helen Michael Kilpatrick Townsend Alan Rutkin RivkinRadler This panel will examine the development of insurance coverage for cyber liability. This will include an analysis of case law under general liability, cyber endorsements and cyber policies. The panel will also examine the coverage provided by the new cyber insurance policies for emerging cyber liabilities. 10:40 – 10:50 am Break 10:50 – 11:40 am London Energy Package Policy, Onshore and Offshore Speakers: Claude Stuart Hall Mains & Lugrin, P.C. The discussion will include the historical development and scope of the LEPP; the impact of broker drafted wording on policy interpretation and application; its current legal construction with a discussion of representative, key cases and a review of problematic and emerging issues. 11:40 – 12:00 pm Reps & Warranties Insurance: A Primer and Selected Advanced Issues Speaker: Scott C. Hecht Stinson Leonard Street LLP Global M&A deal volume reached a record level in 2015, surpassing the previous record set in 2007. Reps & Warranties insurance is being used more and more in deals. This program will explain basic product features, the process involved in purchasing and integrating the product in a deal, and selected more complex issues. 12:00 – 1:00 pm Lunch/Recognition of New Members/Annual Business Meeting 1:00 – 1:50 pm Global Implications from Climate Change Speakers: David Halbreich Reed Smith Neil Rambin Sedgwick LLP While the number of geophysical disasters has remained fairly stable over the years, the number of climate-related (both hydrological and meteorological) disasters has increased significantly. Experts predict this trend will only continue. As a result, commercial policyholders undoubtedly will have major claims for property damage, loss of business income, extra expenses and contingent liability. These catastrophes present numerous coverage issues. The purpose of this presentation is to explore various coverage issues from the perspective of the policyholder and carrier alike in the context of the law that has evolved around climate change and natural disasters. 1:50 – 2:40 pm Insurer Guidelines and Third Party Bill Reviews: Ethical and Practical Ramifications Speakers: Douglas McIntosh McIntosh Sawran & Cartaya, P.A. Neil Posner Much Shelist James SutterfieldSutterfield & Webb, LLC Defense counsel hired by insurers to defend policyholders are met with billing guidelines and file handling requirements, as a means of cost control and effective claims management practices by insurance carriers. Many insurers utilize external billing review vendors or computer programs, for electronic review of defense counsel’s bills for determination of the reasonableness of charges for services rendered to their policyholders. The panel will explore the practical effects of these practices, and the dynamics of the impact that such practices have on the insurer-insured contractual relationship, with focus on the tripartite relationship, as well as the potential that such practices might invite extra-contractual exposure in certain instances. 2016 ACCEC Annual Meeting May 4-6, 2016· Sheraton Grand Chicago· Chicago, Illinois 2:40 – 2:50 pm Break 2:50 – 3:30 pm What Happens after the Duty to Defend has been Breached? Speakers: Janet Davis Cozen O’Connor John Vishneski Reed Smith This program will examine recent developments in case law and identify discrepancies between jurisdictions surrounding the challenges that remain after a breach of the duty to defend has been established. We will examine the following topics: When is a carrier’s duty to defend extinguished? Can an insurer raise coverage defenses after a breach? Can an insurer challenge the reasonableness of the fees incurred by the insured in the underlying action? 3:30 – 4:10 pm Keeping Policyholder Firms Off Panel Counsel Lists—Is This Legal? Speakers: John Mathias, Jr. Jenner & Block LLP John Buchanan, Covington & Burling LLP This program addresses the circumstances experienced by policyholder counsel in large law firms with a diverse litigation practice, including securities litigation defense, when confronted with an insurer’s practice of placing restrictions upon law firms as a condition of being listed as “panel counsel” on its D&O insurance policy forms. 4:10 – 4:50 pm Insurance Company Patterns and Practices—The Discovery and Admissibility of Evidence of “Other Claims” Speakers: Michael Huddleston Munsch Hardt Kopf & Harr, PC John Sinnott Irwin Fritchie Urquhart & Moore LLC A review of potential uses and abuses of discovery of a carrier’s handling of other related or similar claims and/or coverage positions taken in such claims, and consideration of recent decisional trends regarding discoverability and admissibility of such evidence. 6:30 – 7:30 pm Reception 7:45 – 9:30 pm Dinner Logistical Information Friday, May 06, 2016 8:00 – 9:00 am Continental Breakfast 9:00 – 10:00 am Stipulated Settlements: Under What Circumstances Can the Insured Bind the Insurer for Bad Faith? Speakers: Lewis Collins, Jr. Butler Weihmuller Katz Craig Ernest Martin Haynes & Boone, LLP This topic will analyze and review the circumstances under which an insured can enter into a stipulated settlement agreement without the permission of the insurance carrier. These agreements generally form the basis for a final judgment in excess of the policy limits, and exposure to a bad faith cause of action. The presentation will examine the different requirements across the country for these agreements and how the duty to defend an insured in a tort claim can be determinative of whether the insured can enter into such an arrangement. This topic will examine the critical issues involved from both the carrier and the insured’s perspective. 10:00 – 11:00 am Damages in the Age of Regulation: The Murky Void Between Compensation and Punishment Speakers: Michael Barnes Dentons Angela Elbert Neal Gerber & Eisenberg LLP With the internet society’s increased opportunities to cause harm through mass publications and a corresponding increase in legislation to protect consumers, the presenters will address whether statutory remedies constitute “damages” or “loss” under liability policies, as well as the industry’s attempt to curb exposure through limiting language. 11:00 – 11:10 am Break 11:10 – 12:00 pm ALI Restatement Speakers: Michael Aylward Morrison Mahoney John Buchanan Covington & Burling LLP Laura Foggan Wiley Rein LLP Lorelie Masters Perkins Coie This panel will examine the ALI Restatement of the Law of Liability Insurance project, including controversial provisions in the newly-released draft of Chapter 3, as well the role of ALI Restatements in light of Reporters’ mission to “determine the best rule” under the revised ALI Style Manual – A Handbook for ALI Reporters and Those Who Review Their Work (2015). 12:00 – 12:10 pm Closing Remarks 2016 Annual Meeting Attendee List Kenneth S. Abraham Michael F. Aylward Jill B. Berkeley University of Virginia Law School Morrison Mahoney LLP Neal Gerber & Eisenberg LLP Charlottesville, VA Boston, MA Chicago, IL 434-924-3616 857-342-0219 312-269-8024 [email protected] [email protected] [email protected] Marion B. Adler Dan Bailey Lyndon F. Bittle Rachlis Duff Adler Peel & Kaplan, Bailey Cavalierri LLC Carrington Coleman LLC Columbus, OH Dallas, TX Chicago, IL 614-229-3213 214-855-3096 312-733-3957 [email protected] [email protected] [email protected] David J. Baldwin Stacy A. Broman Jerry T. Albrecht Potter Anderson & Corroon Meagher & Geer, PLLP Butler Weihmuller Katz & Craig Wilmington, DE Minneapolis, MN Tampa, FL 302-984-6017 612-337-9652 813-281-1900 [email protected] [email protected] [email protected] Bill T. Barker Charles Williams Browning Bob Allen Dentons US LLP Plunkett Cooney Law Offices of Robert D. Allen Chicago, IL Bloomfield Hills, MI Dallas, TX 312-876-8140 248-901-4000 214-217-5012 [email protected] [email protected] [email protected] Michael Barnes Tom A. Brusstar David H. Anderson Dentons US LLP Hinkhouse Williams Walsh LLP Hoke Attorneys at Law LLC San Francisco, CA Chicago, IL Chicago, IL 415-882-5000 312-784-5424 312-575-8562 [email protected] [email protected] [email protected] William S. Berk Rick Bryan Walter J. Andrews Berk Merchant & Sims Jackson & Campbell PC Hunton & Williams LLP Coral Gables, FL Washington, DC McLean, VA 786-338-2851 202-457-1638 703-714-7642 [email protected] [email protected] [email protected] 2016 Annual Meeting Attendee List John G. Buchanan III Doreen F. Connor Andy Downs Covington & Burling LLP Primmer Bullivant Houser Bailey PC Washington, DC Manchester, NH San Francisco, CA 202-662-5366 603-626-3300 415-352-2716 [email protected] [email protected] [email protected] Timothy W. Burns Jim Cooper Angela Elbert Perkins Coie LLP Reed Smith LLP Neal Gerber & Eisenberg LLP Madison, WI Houston, TX Chicago, IL 608-663-7488 713-469-3879 312-269-5995 [email protected] [email protected] [email protected] Mary Craig Calkins Kevin T.
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