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Insurance Coverage Litigation


Learn while you’re on the go. Listen to the Insurance Coverage Litigation Committee’s audio recordings on this archive page.

Sound Advice

Insurance Coverage for Biometric Privacy Act Violations
In this Sound Advice, Adrienne Kitchen discussed the biometric privacy acts that are popping up in states across the country, leading to the potential for class actions and potential significant exposure for policyholders. Several types of insurance may cover violations of these acts.

Construction Defect Claims: Recurring Coverage Issues and Coverage-Maximizing Strategies
In this program, Ashley Jordan covers two recurring issues associated with coverage for construction defect claims under Commercial General Liability policies: "trigger" of coverage and "anti-Montrose" provisions.  She also provides risk management and coverage-maximizing strategies for these common carrier defenses. (10:37)

Insurance 101: Primer on Conditions
In this Sound Advice, Jodi Spencer Johnson addresses five policy conditions that young coverage lawyers should be aware of, as well as tips and best practices to avoid coverage issues involving conditions.

Our Terms Have Changed - GDPR and the Implications to Insurance Coverage
Latosha Ellis
With GDPR compliance seemingly in the rearview mirror, Latosha Ellis discusses how policies may respond to GDPR-related claims and the trajectory of insurance coverage beyond GDPR compliance.

Overview of Class Actions Settlements in the Federal Courts
Longtime litigator Margaret Lyle gives both a step-by-step review of the process and the history of class action settlements within the federal courts. (12:06 min.)

Women of ICLC's Tried and TrueTips and Advice for Work Life Balance
Listen in and take note as various members of the Section’s Insurance Coverage Litigation Committee give their tips on how to maintain a true work life balance.

Changes to the Rules of Civil Procedure 16, 26, and 34
Adam Polk discusses how the recent changes to case management and discovery processes are likely to affect the small firm practitioner.

Experts in Class Actions and Derivative Suits
Although most litigators would view destroying an opposition expert witness in a deposition as a good thing, veteran litigator Curt Hineline says that may not be the case.

An Overview of Cy Pres Distributions of Class Action Settlement Funds
Joel Neckers discusses cy pres distributions, recent developments in the law, and recommendations for including cy pres provisions in class action settlement agreements. (11:25 min.)

Data Breach Class Action Cases
Amanda Fitzsimmons discusses the issue of standing in data breach class action cases and the importance of Remijas v. Neiman Marcus Group. (11:16 min.)

The Current & Future of Class Action Notice Campaigns
The speakers discuss Mullane v. Central Hanover Bank & Trust Co. and how due process implications should be considered when designing a notice program to reach today's consumers. (12:33 min.)

Five Practical Considerations for Defending Class Actions
Delving beyond the familiar Rule 23 factors, Ashley Bruce Trehan shares practical tips for representing a defendant in a class action case. (13:13 min.)

Ethical Dilemmas
Parties can encounter many hurdles when trying to resolve a dispute, including ethical questions. Hear Neil Posner & Melissa Smart as they offer tips and strategies to help you remain ethical.

Hurricane Irma Claims: Coverage and Claims Information
Danya Pincavage
Practical advice for obtaining insurance coverage for hurricane claims.

What Food and Beverage Company Lawyers Need To Know About Insurance Coverage
Cohen discusses how companies can use the insurance coverage that they already may have to protect themselves—and their brands—against potential losses and costs from claims regarding their products’ labels and ingredients. (9:13 min)

Discovery of Electronically Stored Information (ESI)
Jennie Lee Anderson suggests that when it comes to e-discovery, early planning and cooperation are key to building a successful strategy to best help your clients. (8:21 min.)

When Did Your Company Last Review Its Insurance Program?
While this practice may not be at the top of your to-do list, Tonya Newman discusses the benefits of this type of audit in addition to highlighting specific issues that should be addressed. (9:10 min)

Numerosity as It Pertains to Class Certification
Rule 23(a) has four elements that must be proven prior to class certification. Listen as Kathryn Honecker explains salient points of one of the elements—numerosity. (14:17 min.)

Understanding the Demand Futility Exception
Jeff Gardner explains how this exception works and the ways in which it may affect your clients. (8:54 min.)

Sandy Claims and Suit Limitation Clauses
A suit limitation clause provides that a cause of action or lawsuit must be brought within a certain time period – depending on jurisdiction. Nick Insua explains the ins and outs of these situations. (8:47 min.)

Control of Well Policies
Longtime litigator George Lugrin discusses control of well policies—also known as “blow out” insurance—and traces the history of this specialty line of insurance and how it applies today. (17:41 min.)

How Your Professional Liability Policy Works
If you don’t fully understand the difference between a circumstance and a claim in an LPL policy, listen as Mike Downey advises on the ins and outs of this unique form of insurance. (9:07 min)

Improving Your D& O Policy?
Sheri Pastor describes enhancements and provisions that will help you when negotiating your next policy. (9:35 min.)

Liquor Liability Coverage
Laura Hanson outlines coverage issues that arise as a result of dram-shop laws. (14:25 min.)

Joint Venture Exclusions
Listen as Ron Kammer details what qualifies as a joint-venture exclusion and what does not. (8:43 min.)

Defending CERCLA Actions – What is Your Duty?
Jodi Spencer Johnson discusses when the duty to defend these environmental-cleanup actions actually begins. (6:50 min.)

Valuation Issues in Accidental Contamination and Malicious Product Tampering Claims
Brad Murlick reviews some best practices in the complicated world of valuation issues in a product recall case. (7:20 min)

Traps in Conflicts of Law
John Bonnie highlights some of the conflict of law rules, summarizes state laws, and shares examples of some of the unintended consequences of the rules. (12:45 min.)

Cyber and Privacy Insurance
Staying current is part of the key to successful career. Listen as Angela Elbert reviews in the ins and out Cyber and Privacy Insurance – the fastest growing area of the insurance field. (11:34 min.)


Business Property Insurance Issues Arising out of the California Wildfires
Please join us for a lively discussion about the various business property insurance issues arising from the recent California wildfires, including quantification of business interruption, coverage for property damage resulting from ash and smoke, and loss resulting from a break in the supply chain. This roundtable will examine the industries that might be affected, and best practices for handling resulting claims. Speakers: Tyler Gerking (Farella Braun & Martel), Michael Skweres (Navigant), and Joseph Ziemianski (Cozen O’Conner) Moderator: Erica Villanueva (Farella Braun & Martel)

Insurance Toolkit: Practical Tips for Every Litigator
The panel discusses key insurance coverage concepts and issues that can affect strategy and litigation outcomes. Panelist include Anna D. Torres of Torres Law Group (West Palm Beach, FL), and Caroline Hurtado Ford of Haynes & Boone, LLP (Costa Mesa, CA).

To Report or Not to Report a Claim—That Is the Question
A panel discusses what a claim is, whether to report a claim to your insurer, and the potential consequences of not reporting a claim to your insurer at the time of an occurrence.