Schedule/Sessions

Presentation 1 - When to assert and when to waive an arguable defense to coverage in the tender of a defense to the insured - the rights, obligations, law and strategy behind the decision

• Speakers:

• Thomas Blackburn, Lane Alton & Horst, LLC

• Deborah Kenney, Encova Insurance

• Tamara Warn, Superior Risk Management

This session will address the issues facing an insurer with an arguable defense (or defenses) to coverage for a claim (or claims) when deciding whether to tender a defense with a reservation of rights or to waive its arguable coverage defense(s) and tender a defense without a reservation of rights.  While this session will touch on “CUMIS counsel” mandated in some states, it will also address the differing rights and obligations of the insured and the insurer in those states not mandating “CUMIS counsel” when the insurer tenders a defense subject to a reservation of rights both when the insured accepts the defense and when the insured rejects the defense; address the procedures typically utilized by an insured to enforce the insured's rights; address the trends, including the most recent decisions on these issues, in this area; and focus on the considerations and strategies of insurers (primary, umbrella and reinsurance) in deciding whether to assert or waive an arguable coverage defense (including exploring any possible ways to mitigate exposure once a decision to assert a coverage defense has been made) and the considerations of the insured in accepting or rejecting a defense subject to a reservation of rights.

Presentation 2 - Who cares about the facts, let's inflame the Jury: Techniques used by plaintiff’s counsel to maximize damages and drive up verdicts--and what you can do about it.

• Speakers:

• Paul Berne, Lancer Insurance Company

• Jim Foster, Cassiday Schade LLP

• Joseph Pappalardo, Gallagher Sharp, LLP

Cocktail Reception