Schedule/Sessions
Session 1 - Mediating with the Three C's: Construction Defects, Coverage and Confusion
- Speakers:
John Bickerman, Bickerman Dispute Resolution PLLC
Michael Gordon, Foreman Friedman
Caryn Siebert, Gallagher Bassett Services, Inc.
Lisa Unger , Self Employed
Construction defect mediations are often complex, lengthy affairs. In jurisdictions where courts have determined that faulty or defective construction may constitute an “occurrence” for the purposes of commercial general liability insurance (“CGL”) policies, resolution-or not-of construction defect cases is frequently driven by coverage concerns. This session will explore the common coverage issues encountered at mediation, and will provide “hands-on” practical strategies for mediation success. This session will discuss whether faulty workmanship constitutes an “occurrence”, what constitutes property damage, whether property damage occurred during the policy period, potentially applicable policy exclusions, additional insured coverage issues, contractual liability coverage, priority of coverage, gaps in insurance information/missing carriers, gaps in factual information necessary to determine coverage, gaps in participant communication, and practical problems typically encountered at mediation in construction defect cases. The goal of the session will be to educate the audience on how to best identify and handle coverage issues that typically arise in construction defect mediations so as to achieve the best possible result at mediation.
Session 2 - Cyber Claims and Coverage Update
- Speakers:
Patrick Clabby, Chubb
Chris Cotterell, Safeonline LLP
Mark Greisiger, NetDiligence
Anahi Santiago, Christiana Care Health Systems
Anthony Valach, Bennett, Bricklin & Saltzburg
The frequency of cyber incidents is growing at a steady pace, with no end in sight. With a new data breach story in the news on an almost daily basis, more companies are purchasing cyber insurance. Forbes estimates that the market will grow from $2.5B in 2015 to $7.5B by 2020. This will inevitably lead more claims and litigation that can spiral out of control if not handled properly.
As the data to quickly provide accurate quotes enters the market, insurers and insureds of certain sizes and sectors need to work together to minimize potential losses before and after the inevitable data breach. The panel will examine coverages available under cyber policies, the court decisions discussing them to date and how insurers can work with Risk Managers to minimize risk and exposure. The panel will also discuss how a claim trends, the expenses an insurer can expect to incur to comply with coverage obligations and how they can be controlled. The discussions and suggestions will be based on real-world cyber incidents and claims encountered by the panelists.
Session 3 - Coverage Complications: Ride-Sharing, Bitcoin, Drones, and Self-Driving Cars
- Speakers:
Richard Dugan, Cincinnati Insurance Company
Andrew Smith, Self Employed
Vincent Trimarchi, Sompo International Insurance
Irene Yesowitch, Self Employed
This panel of attorneys and claims professions will discuss modern insurance coverage complications associated with technologies, including ride-sharing, Bitcoin, drones, and self-driving cars. We will explore common policy terms, conditions, and exclusions applied to these business models. Does a personal automobile policy provide coverage to an Uber driver? What happens when the Uber driver gets into an accident or physical altercation? Is there coverage if my drone crashes into my neighbor’s yard? Is my Tesla covered under my car insurance when operating in autopilot mode? Is a Bitcoin theft limited by the legal tender limits to my homeowner’s policy? These are just a few of the questions we will address during this presentation.
Session 4 - Breaking Up Is Hard to Do—Coverage Allocation in Settlements and Judgments
- Speakers:
Pete Duncan, FCCI Insurance Group
John Graham, RSUI Group Inc.
Jo Allison Stasney, Thompson, Coe, Cousins & Irons LLP
David Tartaglio, Musick, Peeler & Garrett
Lawsuits involving covered and uncovered claims or damages can result in settlements and judgments that fail to allocate between the two, creating issues concerning whether allocation is possible and which party bears the burden of proof on the allocation. Not surprisingly, jurisdictions have answered the question differently. The rationales for placing or shifting the burden on or to the policyholder or the insurance carrier vary, frequently turning on the control of the litigation. Inevitable problems include what evidence can be used to prove or disprove the coverage and the best procedural mechanism to address the allocation issue, intervention in the underlying lawsuit or pursuit of a declaratory judgment action.
This presentation will address, waiving and preserving the allocation issue, the effect of general and special verdicts, what the allocation evidence may look like, and how to resolve the allocation issue. Additionally, the presenters will offer practical advice that may help resolve or limit the allocation issue, such as, when to notify the insured, whether to recommend independent counsel, whether to request jury questions to resolve the allocation, or trying to reach an allocation agreement before verdict or settlement.
Session 5 - Third Party Violence: How to Analyze Coverage for Mass Shootings in Public Venues and Places of Employment
- Speakers:
Lea Kapral, Acuity Insurance
Karen Ludden, Great American Insurance Group
David M. O'Connor, O'Connor & Associates, LLC
Tina Schott, Western National Insurance
This panel of attorneys and claims professions will analyze coverage for incidents of third party violence in public venues and the workplace. We will explore application of standard commercial general liability exclusions for criminal acts, intentional acts and acts of war, as well as examine new insurance products excluding coverage for terrorist acts. Does it violate public policy to hold an insurer responsible for a mass shooting? Does someone qualify as a “terrorist” if at the last moment, they sign on to a website and claim to be one? Is anyone who instigates a mass shooting a terrorist, even if they never declare allegiance to an enemy of the state?
Moreover, in the domain of workplace violence, is there an applicable carve out under worker’s compensation statutes and policies for gross negligence on the part of an employer for failing to foresee such an event? Would a Commercial General Liability policy ever have coverage if one of the victims is an employee? What if the perpetrator is an employee? Is there coverage under any policy? Most carriers have not been presented with this type of claim, but this panel will offer practical analysis tips for those faced with such a claim and those interested in protecting against them.
No Learning Objectives Available