Zoom Trials and Mediations: Tips, Tricks, and Ethical Pitfalls
10:00 AM – 10:50 AM
During the pandemic, both Amy M. Stewart and Winter N. Wheeler have implemented the use of virtual technology for legal proceedings. The technology to hold virtual jury trials exists, as has been proven, but it is ethical to do so when so many socioeconomically disadvantaged people may be prevented from serving on juries due to a lack of technology? Join Amy and Winter as they detail their experience and the lessons learned from Zoom Trials and Mediations.
Moderator: Gillian Crow, Swift Currie McGhee & Hiers, Atlanta, GA
Speakers: Amy M. Stewart, Stewart Law Group PLLC, Dallas, TX; Winter N. Wheeler, Miles Mediation & Arbitration, LLC, Atlanta, GA
ALI Restatement of Law Liability Insurance: A Look Back at Its History, Its Use in Courts Today and A Forecast of its Future Impact
11:00 AM – 11:50 AM
Since its passage in 2019, the RLLI has attracted criticism for its adoption of what some characterize as aspirational or minority positions, which has resulted in legislative efforts to curtail its effect in many states. Notwithstanding opposition by a broad range of constituencies, including legislators, regulators
and insurers, litigants and courts continue to cite the RLLI as persuasive authority. This program will provide a brief history of the controversy surrounding the RLLI' passage for context, an update on sections often cited by litigants and courts, and a discussion of key cases to watch that may influence the trajectory of the RLLI’s impact on policyholders and insurers alike.
Moderator: Ashley Mason, Liberty Mutual Home Office Legal Coverage Counsel, Plano, TX
Speakers: Theresa Guertin, Saxe Doernberger & Vita PC, Trumbull, CT; Laura Foggan, Crowell & Moring LLP, Washington, DC; Kim Marrkand, Mintz Levin Cohn Ferris Glovsky and Popeo PC, Boston, MA
Which Direction Are We Going? Emerging Issues in Horizontal vs. Vertical Exhaustion
12:00 PM – 12:50 PM
California and Ohio courts recently applied vertical exhaustion, in a seeming change from prior horizontal exhaustion rules. Are these actually new rules, or does policy language continue to govern? What new arguments might insurers and policyholders make based on these rulings, and what new
allocation theories might apply?
Moderator: Rina Carmel, Anderson McPharlin & Conners LLP, Los Angeles, CA
Speakers: Chauntis Jenkins Floyd, Travelers Indemnity Company, Alpharetta, GA; Karin Scherner Aldama, Perkins Coie, Phoenix, AZ
Current Coverage Challenges with Sexual Abuse Claims
1:30 PM – 2:20 PM
Sexual abuse claims are heart-breaking and complicated. This panel will discuss the coverage issues and the implications of extended retroactive statutes of limitations on policyholders and insurers. Topics include: definition of occurrence and BI/PI, allocation, trigger, named and additional insureds, expected or intended exclusions. The panel will also provide practical tips on how to advocate for your client while still remaining sensitive to survivors.
Moderator: Sherilyn Pastor, McCarter & English, Newark, NJ
Speakers: Karen Y. Bitar, Seyfarth, New York, NY; Elizabeth Hanke, KCIC, Washington, DC; Laura J. Hanson, Meagher + Geer, Minneapolis, MN; Tiffany Williams, Pepperdine Caruso School of Law, Malibu, CA
Risk Retention Groups 101 - Everything You Need To Know
2:30 PM – 3:20 PM
This panel of experts will provide you with an understanding of the differences between risk retention groups and traditional insurers from a regulatory and legal perspective. Governed by the federal Liability Risk Retention Act, RRGs are exempt from many state laws (other than their domiciliary state) and have greater flexibility in making changes to their coverage agreements to meet changing conditions. RRGs also have advantages in litigation and in arbitration when disputes arise. This panel will equip you with the basics so that you are prepared the next time you encounter an RRG. The speakers for this panel include an insurance coverage attorney, a Vermont regulator, an RRG executive, and an attorney specializing in RRG formation.
Moderator: Shauna Martin Ehlert, Cozen O’Connor, Seattle, WA
Speakers: Sandy Bigglestone, Vermont Department of Captive Insurance, Montpelier, VT; Joe Carter, United Educators, Bethesda, MD; Stephanie Mapes, Paul Frank + Collins, Burlington, VT
Where’s Waldo? Uncovering the Latest Developments in COVID-19 Coverage
4:00 PM – 4:50 PM
In this unprecedented time of the coronavirus, a wave of coverage dis-putes is passing over the business world for insurance coverage. In many instances, insurers have denied coverage, and policyholders have filed lawsuits seeking business interruption coverage for business losses relat-ed to the pandemic following insurance company denials. As business owners, many policyholders have argued that they purchased coverage for loss of business for emergencies and government closures like those resulting from COVID-19 and that there was property loss or damage to trigger coverage. Insurers have argued that there is no property loss aris-ing from COVID-related business closures that would trigger coverage or coverage is precluded due to a virus exclusion or some other reason.
Moderator: Arden Levy, Arden Levy Law PLLC, Alexandria, VA
Speakers: Martin Bienstock, Bienstock PLLC, Washington, DC; Terri A. Sutton, Cozen O'Connor, Seattle, WA
Advice from the Bench: Practicing in Unprecedented Times
5:00 PM – 5:50 PM
Hear advice from our esteemed judicial panel on practicing and courtroom procedures during this unique time in our history. The panel will cover topics such as:
- How has Covid modified the court’s practices, hearings, and trials.
- Advice for practitioners to streamline issues or be more persuasive when arguing remotely?
- How has the panel navigated Sixth Amendment issues during this period?
- Does the panel anticipate any lasting changes to courtroom procedure?
- How does this period create new and proposed opportunities for junior lawyers in court? What do judges do to encourage new opportunities, and what kind of requests are they seeking from litigants?
Moderator: Natalie DuBose, DuBose Haynes and Boone, LLP, Dallas, TX
Speakers: Hon. D'Metria Benson, Dallas County Court at Law No. 1, Dallas, TX; Hon. Lana Myers, Pepperdine University, Malibu, CA; Hon. Barbara Lynn, Northern District of Texas, Dallas, TX