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GENERAL INFORMATIONRegistration Deadline: February 9, 2019Hotel Deadline: January 30, 2019

SCHOLARSHIPS AVAILABLEATTENTION TIPS MEMBERS: Scholarships are available for all Section activities, courtesy of the TIPS Scholarship Fund. The Fund, established with the International Risk Management Institute (“IRMI”) and supported by subscriptions to the IRMI CGL Reporter, is intended to increase membership involvement in TIPS’ activities by minorities, solo and small firm practitioners, government attorneys, women, and young lawyers by providing financial support to those who would otherwise be unable to participate. For programs with tuition cost over $500, qualifying attorneys will receive at least a 50% reduction in the course fee(s). To request an application or receive additional information, visit www.abanet.org/tips/scholarship.html or contact Jeane Emily DuBose at Jeane.DuBose@americanbar.org 312/988-5673 for more information and an application.

ADVANCE REGISTRATIONThe Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference will take place at the beautiful Arizona Biltmore in Phoenix, Arizona. Visit the TIPS website to register at www.americanbar.org/tips or complete the registration form included in this brochure. The registration fee includes admission to the program, course materials, continental breakfast, breaks, and reception. If you wish to have your name appear on the pre-registration list distributed at the program, ALL registration forms must be received no later than the registration deadline of February 9, 2019. Registration reservations will be confirmed in writing within 10 business days.

ON-SITE REGISTRATIONOn-site registrations will be accepted if space is available. Call Danielle Daly at 312/988-5708 or email danielle.daly@americanbar.org, 72 hours prior to the program to confirm that space is available. On-site registrants must pay the program fee by credit card or check made payable to the American Bar Association. A $25 fee will be charged to individuals registering on-site.

CANCELLATION POLICYNo registration fee refunds will be granted for cancellations received after February 9, 2019. In order to receive a refund (less a $50 administrative fee), the ABA must receive written cancellation by February 9, 2019. Registrants who are unable to attend may send a substitute or will receive course materials in lieu of a refund.

HOTEL INFORMATIONFor reservations call 800/950-0086 or 602/955-6600. A limited number of rooms have been blocked for program registrants of the ABA TIPS 2019 Annual Insurance Coverage Litigation Committee Meeting at the Arizona Biltmore Resort & Spa, 2400 East Missouri Avenue, Phoenix, AZ 85016 for a hotel room rate of $277.00 single/double plus 12.27% tax. For reservations, please call the hotel directly at 800/950-0086 OR 602/955-6600. The room block will be held until exhausted or until Wednesday, January 30, 2019 at 5:00 PM (CST). After the meeting specified hotel deadline, reservations will be confirmed based on availability. Please refer to the ABA TIPS 2019 Annual Insurance Coverage Litigation Committee Meeting when calling the hotel to make reservations. Hotel check in is 4:00 PM and checkout is 12:00 PM All reservations must be guaranteed by credit card or deposit check for one night’s room and tax. Individuals with guaranteed reservations must cancel their reservations 72 hours prior to the scheduled day of arrival to avoid a one-night cancellation charge.

AIRLINE INFORMATIONABA NEGOTIATED AIRFARE DISCOUNTS – AVAILABLE ONLINE!With ABA Egencia*, you can automatically obtain ABA negotiated discounts for travel to the ABA Meetings. ABA Egencia enables you to purchase the best airfare at the time of booking, by providing you with the ability to search for and compare fares from virtually every airline serving the destination.Reservations with ABA Egencia can be made online or offline. For offline reservations, call (877) 833-6285. ABA Egencia is available online via ABA Travel Services*.

ABA airfare discounts on some carriers may also be obtained by purchasing your tickets under the ABA Discount Codes directly from the airline or through your travel agent. American Airlines ABA Discount only available at ABA Egencia United Airlines 800-426-1122 For ABA Meetings Only - Agreement Code: 8880300Z Code: ZFX6 Discount available at www.united.com Click All Search Options and enter Online Discount Code: ZFX6888030 in the Promotions and Certificates box. Not for Leisure Travel Delta Air Lines 800-328-1111 ABA File Global Meeting Code: NMS9P Click here or Discount available at www.delta.com Click Advance Search and enter Online Meeting Event Code: NMS9P in the Meeting Event Code Southwest tickets can be booked on ABA Egencia. If not booking via ABA Egencia you can book via www.swabiz.com and use ABA SWABIZ Company ID 99422890 *A Travel Profile is required when booking airline reservations with ABA Egencia, click for more information.

CLE CREDITThe ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, CT, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, ME, MN, MS, MO, MP, MT, NH, NJ, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12 CLE credit hours including 1 ethics hour in 60-minute states, and 14.4 CLE credit hours including 1.2 ethics hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit https://www.americanbar.org/cle/mandatory_cle.html or contact Danielle Daly at Danielle.daly@americanbar.org

MEMBERSHIP INFORMATIONFor more information about membership in the ABA or the Tort Trial & Insurance Practice Section (TIPS), please visit us online at ambar.org/tipsmembership or call 800/ 285-2221. Membership in TIPS includes three industry-leading periodicals, discounts of up to 20% on many TIPS CLE programs, and other career and practice-enhancing benefits. Join TIPS today!

PERSONS WITH DISABILITIESServices for persons with disabilities are available. If special arrangements are required for an individual to attend this program, please notify Danielle Daly at either 312/988-5708 or at danielle.daly@americanbar.org promptly. Reasonable notice is requested.

GET CONNECTED WITH TIPSInformation on this and other TIPS CLE programs is available online at www.abanet.org/tips. Visit us and get connected!

REGISTRANT: (Please print or type one form per person; photocopy this form for additional registrants)

LAST NAME FIRST NAME MI

Name as you wish it to appear on your badge

FIRM/COMPANY

WHAT STATE(S) ARE YOU LICENSED IN?

ADDRESS

CITY STATE ZIP

(AREA CODE) BUSINESS TELEPHONE FACSIMILE

E-MAIL ADDRESS

SPOUSE OR GUEST (Print as you wish name to appear on name badge)

Are you attending your first TIPS ICLC CLE Program? ____Yes ____No_______I am a member of the ABA and wish to join the Tort Trial & Insurance Practice Section. I have enclosed a separate check for $50 made payable to the American Bar Association.

REGISTRATION FEES: On or Before After 2/9/19 2/9/19 QTY TOTALRegistration Fee per TIPS Member $550 $575 _____ _____ABA Member $625 $650 _____ _____General Attendee $695 $720 _____ _____Insurance Company/Government Employee $350 $375 _____ _____Staff Counsel $300 $300 _____ _____Law Student $200 $200 _____ _____

SOCIAL EVENTS QTY TOTALThursday Opening Reception Included Included _____ _____Thursday Dinner $80 $80 _____ _____Friday Tool Box Lunch Session (Attendee) Included Included _____ _____Friday Tool Box Lunch Session (Spouse/Guest) $75 $75 _____ _____

MATERIALS (online only)________ I will not be attending and wish to order program materials for $150.

TOTAL PAYMENT TOTAL ______PAYMENT INFORMATION:Check (made payable to the ABA)____ American Express _____ Mastercard _____ Visa _____

CREDIT CARD NUMBER Expiration Date

Signature

1. ONLINE: www.americanbar.org/tips

2. MAIL: American Bar AssociationAttn: Service Center-Meeting/Event Registrations Department321 North Clark Street, Floor 19 Meeting Code:IL1902ICLCCHICAGO, IL 60654

3. SECURE FAX: 312/988-5850

THREE WAYS TO REGISTER

REGISTRATION FORMABA TORT TRIAL & INSURANCE PRACTICE SECTION (TIPS)27TH ANNUAL ICLC MIDYEAR CONFERENCEFebruary 21-23, 2019 • Arizona Biltmore Resort & Spa – Phoenix, AZ

Registration Deadline: February 9, 2019 • Hotel Deadline: January 30, 2019

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CLE: This conference is expected to qualify for 12 CLE credit hours (including 1 ethics hour) in 60-minute states and 14.4 credit hours (including 1.2 ethics hours) in 50-minute states.

THANK YOU TO OUR GENEROUS SPONSORS!SECTION SPONSOR

MDD Forensic Accountants

PREMIUM SPONSOR

IRMI

GOLD SPONSORSBarnes and Thornburg LLP

Neal Gerber & Eisenberg, LLPNossaman LLP

Peabody & ArnoldRivkin Radler

Sherman & Howard

SILVER SPONSORSCarrington Coleman

Cozen O’ConnorGiometti & Mereness

Gray Duffy LLPJeff Kichaven Commercial Mediation

LeClairRyan PLLCSulloway and Hollis PLLCThompson Coburn LLPWhite & Williams LLP

Wilson Elser Moskowitz Edelman & Dicker LLP

BRONZE SPONSORSArthur J. Gallagher

Colorado Insurance Law CenterFenchurch Law

Keller and HeckmanSeiger Gfeller Laurie LLP

SPONSORS 27TH ANNUAL INSURANCECOVERAGE LITIGATIONMIDYEAR CONFERENCEFebruary 21-23, 2019Arizona Biltmore Resort & SpaPhoenix, AZ

Co-Sponsored byABA Tort Trial & Insurance Practice SectionExcess, Surplus Lines and Reinsurance,Insurance Regulation Committeeand Property Insurance Law Committee

Featuring Speakers fromthe following companies:

AmTrustAONArizona Department of InsuranceArthur J. GallagherAssurantAxis CapitalBeazleyBerkley Professional LiabilityChubbField NationFuzion AnalyticsJAMSJeff Kichaven Commercial MediationLiberty MutualLitigation InsightsQBESCOR Reinsurance CoSouthwestern Law SchoolStarStone InsuranceSuffolk Construction

http://www.abanet.org/tips/scholarship.htmlhttp://www.americanbar.org/tipshttp://www.united.comhttp://www.delta.comhttp://www.swabiz.comhttp://www.swabiz.comhttps://www.americanbar.org/cle/mandatory_cle.htmlhttps://www.americanbar.org/cle/mandatory_cle.htmlmailto:Danielle.daly@americanbar.orgmailto:danielle.daly@americanbar.org

Dear Friends and Colleagues:

We are excited for you to join us at the Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference at the beautiful Arizona Biltmore in Phoenix, Arizona. This year’s conference features a wide variety of insurance topics, both cutting-edge and more nuts-and-bolts, that are sure to be of great interest to insurance practitioners and professionals. We will kick things off on Thursday with thoughtful panels covering mediations gone wrong (and how to avoid them), current/trending issues in D&O, and Property and Construction. The panels on Friday and Saturday will cover a wide variety of additional topics, including, among others, the impact of the #MeToo movement on EPL coverage for sexual harassment and similar claims, emerging insurance risks/products in the sharing/gig economy, mass shootings and insurance coverage, insurance coverage issues relating to the opioid crisis, and cyber/network interruption vs. business interruption coverage overlaps and gaps. And, as always, we will have our Friday break-out toolbox sessions covering ten topics of importance to coverage practitioners. In addition to the excellent program, the conference will continue its long tradition of fellowship and networking, with a reception and dinner on Thursday night, the always popular Friday dine around, and the highly entertaining post-dine around karaoke event. Bring your family, bring your golf clubs, but most importantly bring yourself, as this year’s conference promises to be very special in every respect. We look forward to seeing you in February.

Joanne L. Zimolzak,LeClairRyan PLLC Chair-Insurance Coverage Litigation Committee

GREETINGS

PROGRAM AGENDADAY ONE – THURSDAY, FEBRUARY 21, 201911:30 AM – 5:00 PM REGISTRATION

12:45 – 1:15 PM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, TIPS Insurance Coverage

Litigation Committee Chair, Washington, D.C. Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA Roy A. Cohen, TIPS Section Chair, Porzio, Bromberg & Newman PC,

Morristown, NJ

THURSDAY OPENING SESSION SPONSORED BY RIVKIN RADLER1:15 – 2:15 PM TALES FROM THE MEDIATION CRYPT: HORRORS OTHERS

HAVE SUFFERED AND HOW TO AVOID THEMThe mediation from hell. An interminable, antagonistic, negative nightmare. Nobody wants to be in one, and if you ever have, you never want to be in one again. How can you escape this inferno if you’re there? More importantly, how can you avoid it in the first place?

MODERATOR: Andrew Nadolna, Mediator, JAMS, New York, NY

PANELISTS: Amber Finch, Partner, Reed Smith, Los Angeles, CAJeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation,

Los Angeles, CAElizabeth Ahlstrand, Partner, Seiger Gfeller Laurie, West Hartford, CT Kenna Plangemann, Senior Director of Claims, Associate General Counsel,

Suffolk Construction, Boston, MA

2:15 – 3:15 PM D&O POTPOURRI—CURRENT & TRENDING ISSUES IN D&O COVERAGED&O hot topics including issues from the headlines as well as less public but equally impactful coverage subjects facing both policyholders and insurers will be discussed.

MODERATOR: Janet Davis, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Ted Carleton, Principal, Skarzynski Black LLC, New York, NY

Ari Magedoff, Axis Capital, New York, NYMichelle Klein, SVP-Chief Claims Officer, Berkley Professional Liability,

New York, NYHelen K. Michael, Partner, Kilpatrick Townsend LLP, Washington, D.C.

3:15 – 3:30 PM BREAK – Sponsored by: White and Williams

3:30 – 4:30 PM DISASTER STRIKES—INSURANCE IMPLICATIONS OF A CONSTRUCTION CALAMITYThis panel will consider a set hypothetical involving a combination of property damage, construction defect and bodily injury claims resulting from one accident. The panel will assess this hypothetical and its impact upon the insurance policies issued to all parties involved, including: the owner; general contractors; subcontractors; and their respective property and liability policies.

MODERATOR: Kate Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY PANELISTS: David Pryce, Owner, Fenchurch Law Ltd, London, UK

Ken Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY Richard Dreitzer, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP,

Las Vegas, NV

4:30 – 5:00 PM NEW ATTENDEE WELCOME GATHERING

5:00 – 6:00 PM OPENING RECEPTION – ALL ATTENDEES WELCOME Sponsored by: Peabody & Arnold

6:30 – 8:30 PM DINNER (TICKETED EVENT) – Sponsored by: IRMI

FRIDAY, FEBRUARY 22, 20197:30 AM – 5:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Carrington Coleman and Nossaman LLP

8:15 – 8:30 AM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

FRIDAY MORNING SESSIONS SPONSORED BY COZEN O’CONNOR AND LeClairRyan

8:30 – 9:30 AM #METOO/EMPLOYMENT PRACTICES LIABILITY COVERAGE FOR SEXUAL HARASSMENT AND SIMILAR CLAIMSOur experts will share practical tips regarding best practices in these areas, including retention of counsel, conducting the investigation, and developing strong internal policies and procedures for both risk mitigation and effective complaint review. Panelists will also provide helpful insights regarding risk management and insurance coverage issues.

PANELISTS: Hillary Ramondi, Partner, Traub Lieberman, New York, NY Carla Martin, Associate, Sherman & Howard, Denver, CO Alicia Garcia, Senior Claims Analyst, AmTrust, Chicago, ILJose Ramirez, Partner, Holland & Hart, LLP, Greenwood Village, CO Andrea Sitar, Attorney, Klinedinst, Los Angeles, CA

9:30 – 10:30 AM EMERGING INSURANCE RISKS AND PRODUCTS IN THE SHARING/GIG ECONOMYThis program will explore the so-called On-Demand/Sharing/Peer-to-Peer/Gig economies, the role that insurance plays in their development, and the unique liability and insurance issues they create.

PANELISTS: Tamara Smith Holtslag, Partner, Peabody & Arnold, Boston, MA Cheryl Vollweiler, Partner, Traub Lieberman, New York, NY Alexandra Kroeger, Field Nation, Minneapolis, MNKeith Schraad, Director, Arizona Department of Insurance, Phoenix, AZDeborah Stalker, Deputy General Counsel, Chubb, Philadelphia, PA J. Christopher Fox, II, Lead Counsel, Litigation, Assurant, Atlanta, GA

10:30 – 10:45 AM BREAK – Sponsored by: Neal Gerber & Eisenberg, LLP

10:45 – 11:45 AM ETHICAL IMPLICATIONS OF IMPLICIT BIAS IN THE LEGAL PROFESSIONThis panel will address unconscious bias, how it manifests in the legal profession, and how it impacts recruitment, retention and promotion within corporations and law firms. The panel will examine the practical effects of unconscious bias on the legal profession and the justice system to raise awareness and lead to change.

MODERATOR: Gary Gassman, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Kristine Rickard, General Counsel, Fuzion Analytics, Indianapolis, IN

Lynnette Espy-Williams, Member and Chief Diversity Officer, Cozen O’Connor, Washington, DC

Michelle Lafferty, Chief Compliance Officer, Arthur J. Gallagher, Chicago, IL

11:45 AM – 12:00 PM SERVICE PROJECT PRESENTATION

12:00 – 1:15 PM TOOLBOX LUNCHEON SESSIONS – Sponsored by: Jaburg Wilk TOOLBOX COORDINATOR: Micalann Pepe, Partner, Jaburg WIlk, Phoenix, AZ

1. Gimme Some Credit—Credit Risk Insurance Coverage Issues, Damian Arguello, Colorado Insurance Law Center, Denver, CO

2. Restatement of Insurance Law—Update, Bill Barker, Partner, Dentons, Chicago, IL

3. Cryptocurrency/Insurance Coverage Issues, Maureen Mulligan, Partner, Peabody & Arnold, Boston, MA

4. Reinsurance for Extracontractual Claims, Maxine Verne, SCOR Reinsurance Co, New York, NY and Jamie Davis, DLA Piper, Chicago, IL

5. Duty to Allocate Settlements between Covered and Uncovered Claims, Jonathan Walton, Associate, Cozen O’Connor, Chicago, IL

6. Coverage Issues Arising from Natural Disasters, Jonathan R. MacBride, Partner, Chair Elect, Property Insurance Law Committee, Zelle LLP, Plymouth Meeting, PA

7. Maritime: Exculpatory Clauses in Marina Storage Contracts, Danielle Gauer, Associate, Chalos & Co, P.C., Miami, FL

8. Representations by Insurance Agents: Are They Binding on the Carrier? A Case Study, Chris Yetka, Partner, Barnes & Thornburg, Minneapolis, MN

9. Cannabis Law, Kara Thorvaldsen, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP, Boston, MA

10. Sex and Drugs, But No Rock & Roll, Deborah Minkoff, Vice Chair, Global Insurance Department, Cozen O’Connor, Philadelphia, PA

FRIDAY AFTERNOON SESSIONS SPONSORED BY WILSON ELSER AND SULLOWAY AND HOLLIS

1:15 – 2:15 PM ACCESSING INSURANCE COVERAGE PROGRAMS – AN EXHAUSTING TASKJudicial adoption of continuous trigger doctrine makes available an insured’s entire coverage program over multiple policy periods. The panel will explore the exhaustion issue and the consequences that adoption of either approach have on the insured’s coverage program.

PANELISTS: James Fischer, Professor of Law, Southwestern Law School, Los Angeles, CA

Steven Knott, Partner, Pillsbury, Los Angeles, CAMarci Goldstein Kokalas, Partner, Lazare Potter Giacovas & Moyle LLP,

New York, NY

2:15 – 3:15 PM MASS SHOOTINGS AND INSURANCE COVERAGE – Sponsored by: Insurance Regulatory Committee

The tragic increase in the number and severity of mass shootings has led to litigation and this has led to questions of insurance coverage. This panel will discuss these timely topics.

PANELISTS: Michael J. Steinlage, Larson King, St. Paul, MNChris Mosley, Member, Sherman & Howard, Denver, CO Mitchell Orpett, Director, Tribler Orpett & Meyer P.C., Chicago, ILFrancine L. Semaya, Legal and Insurance Regulatory Consultant,

New York, NY

3:15 – 3:30 PM BREAK – Sponsored by: Gray Duffy LLP and Thompson Coburn LLP

3:30 – 4:30 PM OUTSIDE THE LINES: PRACTICAL AND STRATEGIC CONSIDERATIONS IN AVOIDING, PROSECUTING AND DEFENDING AGAINST THE BAD FAITH CLAIMThis panel will consider and debate several different and difficult coverage scenarios potentially giving rise to bad faith allegations by a policyholder against its insurer. The panel also will address settlement valuation and strategy in particular bad faith case scenarios.

MODERATOR: Craig Stewart, Senior Counsel, White and Williams LLP, Boston, MA PANELISTS: Harry Lee, Partner, Steptoe & Johnson, LLP, Washington, D.C.

Jennifer Theim, Partner, K&L Gates, Charleston, SC Jason Donovan, Member, Foster Pepper, Seattle, WAJohn Reitwiesner, VP Head of Casualty Claims, StarStone Insurance

Company, Jersey City, NJ

5:00 – 6:00 PM ICLC BUSINESS MEETING

7:00 – 9:30 PM DINNER – DINE AROUND

SATURDAY, FEBRUARY 23, 20197:30 AM – 12:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Giometti & Mereness and Sherman & Howard

SATURDAY MORNING SESSIONS SPONSORED BY BARNES AND THORNBURG

8:30 – 9:30 AM THE OPIOID CRISIS: INSURANCE COVERAGE ISSUES ARISING FROM CLAIMS AGAINST MANUFACTURERS AND DISTRIBUTORS OF OPIOIDSOpioid litigation has expanded almost as quickly as news of the opioid addiction epidemic itself. Manufacturers, distributors, and pharmacies have been targets, as have individual medical professionals, in lawsuits seeking to recover for the costs of responding to opioid-related problems and losses. Our panel will discuss both the nature and defense of the underlying litigation and the coverage disputes that have arisen between targeted defendants and their insurers.

PANELISTS: Ronald Kent, Partner, Dentons, Los Angeles, CAWinnie Maggiore, Partner, Butt Thornton & Baehr, Albuquerque, NMLaura A. Foggan, Partner, Crowell & Moring LLP, Washington, D.C. Bernard Bell, Partner, Niller Freil, PLLC, Washington, D.C.Bridget Zaremba, Healthcare Claims Lead, QBE, Chicago, IL Christina Marinakis, Litigation Consultant, Litigation Insights,

Los Angeles, CA

9:30 – 10:30 AM CYBER & NETWORK INTERRUPTION VS. BUSINESS INTERRUPTION COVERAGE OVERLAPS AND GAPSAs cyber insurance policies mature beyond their privacy and network security origins and begin to provide coverage often found in traditional policies, additional attention is required to ensure seamlessness and consistency across programs. This panel will discuss and evaluate common coverage overlaps and gaps created by the business interruption coverage provided under both property and cyber policies.

MODERATOR: Chris Yetka, Partner, Barnes & Thornburg, LLP, Minneapolis, MN PANELISTS: Darin McMullen, Senior VP and E&O/Cyber Insurance Product Leader, Aon, Cyber Solutions, Philadelphia, PA

Chad Layton, Partner, Segal McCambridge Singer & Mahoney, Chicago, IL

Mark VonderHaar, Partner, Pichney VonderHaar, San Diego, CAMichelle Ingrassia, Media & Business Services Team Attorney,

Beazley, Farmington, CT

10:30 – 10:45 AM BREAK – Sponsored by: Jeff Kichaven Commercial Mediation

10:45 – 11:45 AM PRE-SUIT: WHAT ARE THE POLICYHOLDER’S AND INSURER’S DUTIES PRE-SUIT, INCLUDING THE DUTY TO DEFEND?This panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

MODERATOR: Eric Hermanson, Partner, White and Williams, Boston, MA PANELISTS: Micalann Pepe, Partner, Jaburg Wilk, Phoenix, AZ

Seth Lamden, Partner, Neal Gerber & Eisenberg, Chicago, IL Mary Pat Cormier, Liberty Mutual, Boston, MATimothy Thornton, Partner, Gray Duffy LLP, Encino, CA

11:45 AM – 12:00 PM CLOSING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

Dear Friends and Colleagues:

We are excited for you to join us at the Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference at the beautiful Arizona Biltmore in Phoenix, Arizona. This year’s conference features a wide variety of insurance topics, both cutting-edge and more nuts-and-bolts, that are sure to be of great interest to insurance practitioners and professionals. We will kick things off on Thursday with thoughtful panels covering mediations gone wrong (and how to avoid them), current/trending issues in D&O, and Property and Construction. The panels on Friday and Saturday will cover a wide variety of additional topics, including, among others, the impact of the #MeToo movement on EPL coverage for sexual harassment and similar claims, emerging insurance risks/products in the sharing/gig economy, mass shootings and insurance coverage, insurance coverage issues relating to the opioid crisis, and cyber/network interruption vs. business interruption coverage overlaps and gaps. And, as always, we will have our Friday break-out toolbox sessions covering ten topics of importance to coverage practitioners. In addition to the excellent program, the conference will continue its long tradition of fellowship and networking, with a reception and dinner on Thursday night, the always popular Friday dine around, and the highly entertaining post-dine around karaoke event. Bring your family, bring your golf clubs, but most importantly bring yourself, as this year’s conference promises to be very special in every respect. We look forward to seeing you in February.

Joanne L. Zimolzak,LeClairRyan PLLC Chair-Insurance Coverage Litigation Committee

GREETINGS

PROGRAM AGENDADAY ONE – THURSDAY, FEBRUARY 21, 201911:30 AM – 5:00 PM REGISTRATION

12:45 – 1:15 PM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, TIPS Insurance Coverage

Litigation Committee Chair, Washington, D.C. Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA Roy A. Cohen, TIPS Section Chair, Porzio, Bromberg & Newman PC,

Morristown, NJ

THURSDAY OPENING SESSION SPONSORED BY RIVKIN RADLER1:15 – 2:15 PM TALES FROM THE MEDIATION CRYPT: HORRORS OTHERS

HAVE SUFFERED AND HOW TO AVOID THEMThe mediation from hell. An interminable, antagonistic, negative nightmare. Nobody wants to be in one, and if you ever have, you never want to be in one again. How can you escape this inferno if you’re there? More importantly, how can you avoid it in the first place?

MODERATOR: Andrew Nadolna, Mediator, JAMS, New York, NY

PANELISTS: Amber Finch, Partner, Reed Smith, Los Angeles, CAJeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation,

Los Angeles, CAElizabeth Ahlstrand, Partner, Seiger Gfeller Laurie, West Hartford, CT Kenna Plangemann, Senior Director of Claims, Associate General Counsel,

Suffolk Construction, Boston, MA

2:15 – 3:15 PM D&O POTPOURRI—CURRENT & TRENDING ISSUES IN D&O COVERAGED&O hot topics including issues from the headlines as well as less public but equally impactful coverage subjects facing both policyholders and insurers will be discussed.

MODERATOR: Janet Davis, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Ted Carleton, Principal, Skarzynski Black LLC, New York, NY

Ari Magedoff, Axis Capital, New York, NYMichelle Klein, SVP-Chief Claims Officer, Berkley Professional Liability,

New York, NYHelen K. Michael, Partner, Kilpatrick Townsend LLP, Washington, D.C.

3:15 – 3:30 PM BREAK – Sponsored by: White and Williams

3:30 – 4:30 PM DISASTER STRIKES—INSURANCE IMPLICATIONS OF A CONSTRUCTION CALAMITYThis panel will consider a set hypothetical involving a combination of property damage, construction defect and bodily injury claims resulting from one accident. The panel will assess this hypothetical and its impact upon the insurance policies issued to all parties involved, including: the owner; general contractors; subcontractors; and their respective property and liability policies.

MODERATOR: Kate Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY PANELISTS: David Pryce, Owner, Fenchurch Law Ltd, London, UK

Ken Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY Richard Dreitzer, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP,

Las Vegas, NV

4:30 – 5:00 PM NEW ATTENDEE WELCOME GATHERING

5:00 – 6:00 PM OPENING RECEPTION – ALL ATTENDEES WELCOME Sponsored by: Peabody & Arnold

6:30 – 8:30 PM DINNER (TICKETED EVENT) – Sponsored by: IRMI

FRIDAY, FEBRUARY 22, 20197:30 AM – 5:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Carrington Coleman and Nossaman LLP

8:15 – 8:30 AM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

FRIDAY MORNING SESSIONS SPONSORED BY COZEN O’CONNOR AND LeClairRyan

8:30 – 9:30 AM #METOO/EMPLOYMENT PRACTICES LIABILITY COVERAGE FOR SEXUAL HARASSMENT AND SIMILAR CLAIMSOur experts will share practical tips regarding best practices in these areas, including retention of counsel, conducting the investigation, and developing strong internal policies and procedures for both risk mitigation and effective complaint review. Panelists will also provide helpful insights regarding risk management and insurance coverage issues.

PANELISTS: Hillary Ramondi, Partner, Traub Lieberman, New York, NY Carla Martin, Associate, Sherman & Howard, Denver, CO Alicia Garcia, Senior Claims Analyst, AmTrust, Chicago, ILJose Ramirez, Partner, Holland & Hart, LLP, Greenwood Village, CO Andrea Sitar, Attorney, Klinedinst, Los Angeles, CA

9:30 – 10:30 AM EMERGING INSURANCE RISKS AND PRODUCTS IN THE SHARING/GIG ECONOMYThis program will explore the so-called On-Demand/Sharing/Peer-to-Peer/Gig economies, the role that insurance plays in their development, and the unique liability and insurance issues they create.

PANELISTS: Tamara Smith Holtslag, Partner, Peabody & Arnold, Boston, MA Cheryl Vollweiler, Partner, Traub Lieberman, New York, NY Alexandra Kroeger, Field Nation, Minneapolis, MNKeith Schraad, Director, Arizona Department of Insurance, Phoenix, AZDeborah Stalker, Deputy General Counsel, Chubb, Philadelphia, PA J. Christopher Fox, II, Lead Counsel, Litigation, Assurant, Atlanta, GA

10:30 – 10:45 AM BREAK – Sponsored by: Neal Gerber & Eisenberg, LLP

10:45 – 11:45 AM ETHICAL IMPLICATIONS OF IMPLICIT BIAS IN THE LEGAL PROFESSIONThis panel will address unconscious bias, how it manifests in the legal profession, and how it impacts recruitment, retention and promotion within corporations and law firms. The panel will examine the practical effects of unconscious bias on the legal profession and the justice system to raise awareness and lead to change.

MODERATOR: Gary Gassman, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Kristine Rickard, General Counsel, Fuzion Analytics, Indianapolis, IN

Lynnette Espy-Williams, Member and Chief Diversity Officer, Cozen O’Connor, Washington, DC

Michelle Lafferty, Chief Compliance Officer, Arthur J. Gallagher, Chicago, IL

11:45 AM – 12:00 PM SERVICE PROJECT PRESENTATION

12:00 – 1:15 PM TOOLBOX LUNCHEON SESSIONS – Sponsored by: Jaburg Wilk TOOLBOX COORDINATOR: Micalann Pepe, Partner, Jaburg WIlk, Phoenix, AZ

1. Gimme Some Credit—Credit Risk Insurance Coverage Issues, Damian Arguello, Colorado Insurance Law Center, Denver, CO

2. Restatement of Insurance Law—Update, Bill Barker, Partner, Dentons, Chicago, IL

3. Cryptocurrency/Insurance Coverage Issues, Maureen Mulligan, Partner, Peabody & Arnold, Boston, MA

4. Reinsurance for Extracontractual Claims, Maxine Verne, SCOR Reinsurance Co, New York, NY and Jamie Davis, DLA Piper, Chicago, IL

5. Duty to Allocate Settlements between Covered and Uncovered Claims, Jonathan Walton, Associate, Cozen O’Connor, Chicago, IL

6. Coverage Issues Arising from Natural Disasters, Jonathan R. MacBride, Partner, Chair Elect, Property Insurance Law Committee, Zelle LLP, Plymouth Meeting, PA

7. Maritime: Exculpatory Clauses in Marina Storage Contracts, Danielle Gauer, Associate, Chalos & Co, P.C., Miami, FL

8. Representations by Insurance Agents: Are They Binding on the Carrier? A Case Study, Chris Yetka, Partner, Barnes & Thornburg, Minneapolis, MN

9. Cannabis Law, Kara Thorvaldsen, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP, Boston, MA

10. Sex and Drugs, But No Rock & Roll, Deborah Minkoff, Vice Chair, Global Insurance Department, Cozen O’Connor, Philadelphia, PA

FRIDAY AFTERNOON SESSIONS SPONSORED BY WILSON ELSER AND SULLOWAY AND HOLLIS

1:15 – 2:15 PM ACCESSING INSURANCE COVERAGE PROGRAMS – AN EXHAUSTING TASKJudicial adoption of continuous trigger doctrine makes available an insured’s entire coverage program over multiple policy periods. The panel will explore the exhaustion issue and the consequences that adoption of either approach have on the insured’s coverage program.

PANELISTS: James Fischer, Professor of Law, Southwestern Law School, Los Angeles, CA

Steven Knott, Partner, Pillsbury, Los Angeles, CAMarci Goldstein Kokalas, Partner, Lazare Potter Giacovas & Moyle LLP,

New York, NY

2:15 – 3:15 PM MASS SHOOTINGS AND INSURANCE COVERAGE – Sponsored by: Insurance Regulatory Committee

The tragic increase in the number and severity of mass shootings has led to litigation and this has led to questions of insurance coverage. This panel will discuss these timely topics.

PANELISTS: Michael J. Steinlage, Larson King, St. Paul, MNChris Mosley, Member, Sherman & Howard, Denver, CO Mitchell Orpett, Director, Tribler Orpett & Meyer P.C., Chicago, ILFrancine L. Semaya, Legal and Insurance Regulatory Consultant,

New York, NY

3:15 – 3:30 PM BREAK – Sponsored by: Gray Duffy LLP and Thompson Coburn LLP

3:30 – 4:30 PM OUTSIDE THE LINES: PRACTICAL AND STRATEGIC CONSIDERATIONS IN AVOIDING, PROSECUTING AND DEFENDING AGAINST THE BAD FAITH CLAIMThis panel will consider and debate several different and difficult coverage scenarios potentially giving rise to bad faith allegations by a policyholder against its insurer. The panel also will address settlement valuation and strategy in particular bad faith case scenarios.

MODERATOR: Craig Stewart, Senior Counsel, White and Williams LLP, Boston, MA PANELISTS: Harry Lee, Partner, Steptoe & Johnson, LLP, Washington, D.C.

Jennifer Theim, Partner, K&L Gates, Charleston, SC Jason Donovan, Member, Foster Pepper, Seattle, WAJohn Reitwiesner, VP Head of Casualty Claims, StarStone Insurance

Company, Jersey City, NJ

5:00 – 6:00 PM ICLC BUSINESS MEETING

7:00 – 9:30 PM DINNER – DINE AROUND

SATURDAY, FEBRUARY 23, 20197:30 AM – 12:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Giometti & Mereness and Sherman & Howard

SATURDAY MORNING SESSIONS SPONSORED BY BARNES AND THORNBURG

8:30 – 9:30 AM THE OPIOID CRISIS: INSURANCE COVERAGE ISSUES ARISING FROM CLAIMS AGAINST MANUFACTURERS AND DISTRIBUTORS OF OPIOIDSOpioid litigation has expanded almost as quickly as news of the opioid addiction epidemic itself. Manufacturers, distributors, and pharmacies have been targets, as have individual medical professionals, in lawsuits seeking to recover for the costs of responding to opioid-related problems and losses. Our panel will discuss both the nature and defense of the underlying litigation and the coverage disputes that have arisen between targeted defendants and their insurers.

PANELISTS: Ronald Kent, Partner, Dentons, Los Angeles, CAWinnie Maggiore, Partner, Butt Thornton & Baehr, Albuquerque, NMLaura A. Foggan, Partner, Crowell & Moring LLP, Washington, D.C. Bernard Bell, Partner, Niller Freil, PLLC, Washington, D.C.Bridget Zaremba, Healthcare Claims Lead, QBE, Chicago, IL Christina Marinakis, Litigation Consultant, Litigation Insights,

Los Angeles, CA

9:30 – 10:30 AM CYBER & NETWORK INTERRUPTION VS. BUSINESS INTERRUPTION COVERAGE OVERLAPS AND GAPSAs cyber insurance policies mature beyond their privacy and network security origins and begin to provide coverage often found in traditional policies, additional attention is required to ensure seamlessness and consistency across programs. This panel will discuss and evaluate common coverage overlaps and gaps created by the business interruption coverage provided under both property and cyber policies.

MODERATOR: Chris Yetka, Partner, Barnes & Thornburg, LLP, Minneapolis, MN PANELISTS: Darin McMullen, Senior VP and E&O/Cyber Insurance Product Leader, Aon, Cyber Solutions, Philadelphia, PA

Chad Layton, Partner, Segal McCambridge Singer & Mahoney, Chicago, IL

Mark VonderHaar, Partner, Pichney VonderHaar, San Diego, CAMichelle Ingrassia, Media & Business Services Team Attorney,

Beazley, Farmington, CT

10:30 – 10:45 AM BREAK – Sponsored by: Jeff Kichaven Commercial Mediation

10:45 – 11:45 AM PRE-SUIT: WHAT ARE THE POLICYHOLDER’S AND INSURER’S DUTIES PRE-SUIT, INCLUDING THE DUTY TO DEFEND?This panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

MODERATOR: Eric Hermanson, Partner, White and Williams, Boston, MA PANELISTS: Micalann Pepe, Partner, Jaburg Wilk, Phoenix, AZ

Seth Lamden, Partner, Neal Gerber & Eisenberg, Chicago, IL Mary Pat Cormier, Liberty Mutual, Boston, MATimothy Thornton, Partner, Gray Duffy LLP, Encino, CA

11:45 AM – 12:00 PM CLOSING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

Dear Friends and Colleagues:

We are excited for you to join us at the Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference at the beautiful Arizona Biltmore in Phoenix, Arizona. This year’s conference features a wide variety of insurance topics, both cutting-edge and more nuts-and-bolts, that are sure to be of great interest to insurance practitioners and professionals. We will kick things off on Thursday with thoughtful panels covering mediations gone wrong (and how to avoid them), current/trending issues in D&O, and Property and Construction. The panels on Friday and Saturday will cover a wide variety of additional topics, including, among others, the impact of the #MeToo movement on EPL coverage for sexual harassment and similar claims, emerging insurance risks/products in the sharing/gig economy, mass shootings and insurance coverage, insurance coverage issues relating to the opioid crisis, and cyber/network interruption vs. business interruption coverage overlaps and gaps. And, as always, we will have our Friday break-out toolbox sessions covering ten topics of importance to coverage practitioners. In addition to the excellent program, the conference will continue its long tradition of fellowship and networking, with a reception and dinner on Thursday night, the always popular Friday dine around, and the highly entertaining post-dine around karaoke event. Bring your family, bring your golf clubs, but most importantly bring yourself, as this year’s conference promises to be very special in every respect. We look forward to seeing you in February.

Joanne L. Zimolzak,LeClairRyan PLLC Chair-Insurance Coverage Litigation Committee

GREETINGS

PROGRAM AGENDADAY ONE – THURSDAY, FEBRUARY 21, 201911:30 AM – 5:00 PM REGISTRATION

12:45 – 1:15 PM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, TIPS Insurance Coverage

Litigation Committee Chair, Washington, D.C. Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA Roy A. Cohen, TIPS Section Chair, Porzio, Bromberg & Newman PC,

Morristown, NJ

THURSDAY OPENING SESSION SPONSORED BY RIVKIN RADLER1:15 – 2:15 PM TALES FROM THE MEDIATION CRYPT: HORRORS OTHERS

HAVE SUFFERED AND HOW TO AVOID THEMThe mediation from hell. An interminable, antagonistic, negative nightmare. Nobody wants to be in one, and if you ever have, you never want to be in one again. How can you escape this inferno if you’re there? More importantly, how can you avoid it in the first place?

MODERATOR: Andrew Nadolna, Mediator, JAMS, New York, NY

PANELISTS: Amber Finch, Partner, Reed Smith, Los Angeles, CAJeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation,

Los Angeles, CAElizabeth Ahlstrand, Partner, Seiger Gfeller Laurie, West Hartford, CT Kenna Plangemann, Senior Director of Claims, Associate General Counsel,

Suffolk Construction, Boston, MA

2:15 – 3:15 PM D&O POTPOURRI—CURRENT & TRENDING ISSUES IN D&O COVERAGED&O hot topics including issues from the headlines as well as less public but equally impactful coverage subjects facing both policyholders and insurers will be discussed.

MODERATOR: Janet Davis, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Ted Carleton, Principal, Skarzynski Black LLC, New York, NY

Ari Magedoff, Axis Capital, New York, NYMichelle Klein, SVP-Chief Claims Officer, Berkley Professional Liability,

New York, NYHelen K. Michael, Partner, Kilpatrick Townsend LLP, Washington, D.C.

3:15 – 3:30 PM BREAK – Sponsored by: White and Williams

3:30 – 4:30 PM DISASTER STRIKES—INSURANCE IMPLICATIONS OF A CONSTRUCTION CALAMITYThis panel will consider a set hypothetical involving a combination of property damage, construction defect and bodily injury claims resulting from one accident. The panel will assess this hypothetical and its impact upon the insurance policies issued to all parties involved, including: the owner; general contractors; subcontractors; and their respective property and liability policies.

MODERATOR: Kate Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY PANELISTS: David Pryce, Owner, Fenchurch Law Ltd, London, UK

Ken Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY Richard Dreitzer, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP,

Las Vegas, NV

4:30 – 5:00 PM NEW ATTENDEE WELCOME GATHERING

5:00 – 6:00 PM OPENING RECEPTION – ALL ATTENDEES WELCOME Sponsored by: Peabody & Arnold

6:30 – 8:30 PM DINNER (TICKETED EVENT) – Sponsored by: IRMI

FRIDAY, FEBRUARY 22, 20197:30 AM – 5:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Carrington Coleman and Nossaman LLP

8:15 – 8:30 AM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

FRIDAY MORNING SESSIONS SPONSORED BY COZEN O’CONNOR AND LeClairRyan

8:30 – 9:30 AM #METOO/EMPLOYMENT PRACTICES LIABILITY COVERAGE FOR SEXUAL HARASSMENT AND SIMILAR CLAIMSOur experts will share practical tips regarding best practices in these areas, including retention of counsel, conducting the investigation, and developing strong internal policies and procedures for both risk mitigation and effective complaint review. Panelists will also provide helpful insights regarding risk management and insurance coverage issues.

PANELISTS: Hillary Ramondi, Partner, Traub Lieberman, New York, NY Carla Martin, Associate, Sherman & Howard, Denver, CO Alicia Garcia, Senior Claims Analyst, AmTrust, Chicago, ILJose Ramirez, Partner, Holland & Hart, LLP, Greenwood Village, CO Andrea Sitar, Attorney, Klinedinst, Los Angeles, CA

9:30 – 10:30 AM EMERGING INSURANCE RISKS AND PRODUCTS IN THE SHARING/GIG ECONOMYThis program will explore the so-called On-Demand/Sharing/Peer-to-Peer/Gig economies, the role that insurance plays in their development, and the unique liability and insurance issues they create.

PANELISTS: Tamara Smith Holtslag, Partner, Peabody & Arnold, Boston, MA Cheryl Vollweiler, Partner, Traub Lieberman, New York, NY Alexandra Kroeger, Field Nation, Minneapolis, MNKeith Schraad, Director, Arizona Department of Insurance, Phoenix, AZDeborah Stalker, Deputy General Counsel, Chubb, Philadelphia, PA J. Christopher Fox, II, Lead Counsel, Litigation, Assurant, Atlanta, GA

10:30 – 10:45 AM BREAK – Sponsored by: Neal Gerber & Eisenberg, LLP

10:45 – 11:45 AM ETHICAL IMPLICATIONS OF IMPLICIT BIAS IN THE LEGAL PROFESSIONThis panel will address unconscious bias, how it manifests in the legal profession, and how it impacts recruitment, retention and promotion within corporations and law firms. The panel will examine the practical effects of unconscious bias on the legal profession and the justice system to raise awareness and lead to change.

MODERATOR: Gary Gassman, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Kristine Rickard, General Counsel, Fuzion Analytics, Indianapolis, IN

Lynnette Espy-Williams, Member and Chief Diversity Officer, Cozen O’Connor, Washington, DC

Michelle Lafferty, Chief Compliance Officer, Arthur J. Gallagher, Chicago, IL

11:45 AM – 12:00 PM SERVICE PROJECT PRESENTATION

12:00 – 1:15 PM TOOLBOX LUNCHEON SESSIONS – Sponsored by: Jaburg Wilk TOOLBOX COORDINATOR: Micalann Pepe, Partner, Jaburg WIlk, Phoenix, AZ

1. Gimme Some Credit—Credit Risk Insurance Coverage Issues, Damian Arguello, Colorado Insurance Law Center, Denver, CO

2. Restatement of Insurance Law—Update, Bill Barker, Partner, Dentons, Chicago, IL

3. Cryptocurrency/Insurance Coverage Issues, Maureen Mulligan, Partner, Peabody & Arnold, Boston, MA

4. Reinsurance for Extracontractual Claims, Maxine Verne, SCOR Reinsurance Co, New York, NY and Jamie Davis, DLA Piper, Chicago, IL

5. Duty to Allocate Settlements between Covered and Uncovered Claims, Jonathan Walton, Associate, Cozen O’Connor, Chicago, IL

6. Coverage Issues Arising from Natural Disasters, Jonathan R. MacBride, Partner, Chair Elect, Property Insurance Law Committee, Zelle LLP, Plymouth Meeting, PA

7. Maritime: Exculpatory Clauses in Marina Storage Contracts, Danielle Gauer, Associate, Chalos & Co, P.C., Miami, FL

8. Representations by Insurance Agents: Are They Binding on the Carrier? A Case Study, Chris Yetka, Partner, Barnes & Thornburg, Minneapolis, MN

9. Cannabis Law, Kara Thorvaldsen, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP, Boston, MA

10. Sex and Drugs, But No Rock & Roll, Deborah Minkoff, Vice Chair, Global Insurance Department, Cozen O’Connor, Philadelphia, PA

FRIDAY AFTERNOON SESSIONS SPONSORED BY WILSON ELSER AND SULLOWAY AND HOLLIS

1:15 – 2:15 PM ACCESSING INSURANCE COVERAGE PROGRAMS – AN EXHAUSTING TASKJudicial adoption of continuous trigger doctrine makes available an insured’s entire coverage program over multiple policy periods. The panel will explore the exhaustion issue and the consequences that adoption of either approach have on the insured’s coverage program.

PANELISTS: James Fischer, Professor of Law, Southwestern Law School, Los Angeles, CA

Steven Knott, Partner, Pillsbury, Los Angeles, CAMarci Goldstein Kokalas, Partner, Lazare Potter Giacovas & Moyle LLP,

New York, NY

2:15 – 3:15 PM MASS SHOOTINGS AND INSURANCE COVERAGE – Sponsored by: Insurance Regulatory Committee

The tragic increase in the number and severity of mass shootings has led to litigation and this has led to questions of insurance coverage. This panel will discuss these timely topics.

PANELISTS: Michael J. Steinlage, Larson King, St. Paul, MNChris Mosley, Member, Sherman & Howard, Denver, CO Mitchell Orpett, Director, Tribler Orpett & Meyer P.C., Chicago, ILFrancine L. Semaya, Legal and Insurance Regulatory Consultant,

New York, NY

3:15 – 3:30 PM BREAK – Sponsored by: Gray Duffy LLP and Thompson Coburn LLP

3:30 – 4:30 PM OUTSIDE THE LINES: PRACTICAL AND STRATEGIC CONSIDERATIONS IN AVOIDING, PROSECUTING AND DEFENDING AGAINST THE BAD FAITH CLAIMThis panel will consider and debate several different and difficult coverage scenarios potentially giving rise to bad faith allegations by a policyholder against its insurer. The panel also will address settlement valuation and strategy in particular bad faith case scenarios.

MODERATOR: Craig Stewart, Senior Counsel, White and Williams LLP, Boston, MA PANELISTS: Harry Lee, Partner, Steptoe & Johnson, LLP, Washington, D.C.

Jennifer Theim, Partner, K&L Gates, Charleston, SC Jason Donovan, Member, Foster Pepper, Seattle, WAJohn Reitwiesner, VP Head of Casualty Claims, StarStone Insurance

Company, Jersey City, NJ

5:00 – 6:00 PM ICLC BUSINESS MEETING

7:00 – 9:30 PM DINNER – DINE AROUND

SATURDAY, FEBRUARY 23, 20197:30 AM – 12:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Giometti & Mereness and Sherman & Howard

SATURDAY MORNING SESSIONS SPONSORED BY BARNES AND THORNBURG

8:30 – 9:30 AM THE OPIOID CRISIS: INSURANCE COVERAGE ISSUES ARISING FROM CLAIMS AGAINST MANUFACTURERS AND DISTRIBUTORS OF OPIOIDSOpioid litigation has expanded almost as quickly as news of the opioid addiction epidemic itself. Manufacturers, distributors, and pharmacies have been targets, as have individual medical professionals, in lawsuits seeking to recover for the costs of responding to opioid-related problems and losses. Our panel will discuss both the nature and defense of the underlying litigation and the coverage disputes that have arisen between targeted defendants and their insurers.

PANELISTS: Ronald Kent, Partner, Dentons, Los Angeles, CAWinnie Maggiore, Partner, Butt Thornton & Baehr, Albuquerque, NMLaura A. Foggan, Partner, Crowell & Moring LLP, Washington, D.C. Bernard Bell, Partner, Niller Freil, PLLC, Washington, D.C.Bridget Zaremba, Healthcare Claims Lead, QBE, Chicago, IL Christina Marinakis, Litigation Consultant, Litigation Insights,

Los Angeles, CA

9:30 – 10:30 AM CYBER & NETWORK INTERRUPTION VS. BUSINESS INTERRUPTION COVERAGE OVERLAPS AND GAPSAs cyber insurance policies mature beyond their privacy and network security origins and begin to provide coverage often found in traditional policies, additional attention is required to ensure seamlessness and consistency across programs. This panel will discuss and evaluate common coverage overlaps and gaps created by the business interruption coverage provided under both property and cyber policies.

MODERATOR: Chris Yetka, Partner, Barnes & Thornburg, LLP, Minneapolis, MN PANELISTS: Darin McMullen, Senior VP and E&O/Cyber Insurance Product Leader, Aon, Cyber Solutions, Philadelphia, PA

Chad Layton, Partner, Segal McCambridge Singer & Mahoney, Chicago, IL

Mark VonderHaar, Partner, Pichney VonderHaar, San Diego, CAMichelle Ingrassia, Media & Business Services Team Attorney,

Beazley, Farmington, CT

10:30 – 10:45 AM BREAK – Sponsored by: Jeff Kichaven Commercial Mediation

10:45 – 11:45 AM PRE-SUIT: WHAT ARE THE POLICYHOLDER’S AND INSURER’S DUTIES PRE-SUIT, INCLUDING THE DUTY TO DEFEND?This panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

MODERATOR: Eric Hermanson, Partner, White and Williams, Boston, MA PANELISTS: Micalann Pepe, Partner, Jaburg Wilk, Phoenix, AZ

Seth Lamden, Partner, Neal Gerber & Eisenberg, Chicago, IL Mary Pat Cormier, Liberty Mutual, Boston, MATimothy Thornton, Partner, Gray Duffy LLP, Encino, CA

11:45 AM – 12:00 PM CLOSING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

Dear Friends and Colleagues:

We are excited for you to join us at the Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference at the beautiful Arizona Biltmore in Phoenix, Arizona. This year’s conference features a wide variety of insurance topics, both cutting-edge and more nuts-and-bolts, that are sure to be of great interest to insurance practitioners and professionals. We will kick things off on Thursday with thoughtful panels covering mediations gone wrong (and how to avoid them), current/trending issues in D&O, and Property and Construction. The panels on Friday and Saturday will cover a wide variety of additional topics, including, among others, the impact of the #MeToo movement on EPL coverage for sexual harassment and similar claims, emerging insurance risks/products in the sharing/gig economy, mass shootings and insurance coverage, insurance coverage issues relating to the opioid crisis, and cyber/network interruption vs. business interruption coverage overlaps and gaps. And, as always, we will have our Friday break-out toolbox sessions covering ten topics of importance to coverage practitioners. In addition to the excellent program, the conference will continue its long tradition of fellowship and networking, with a reception and dinner on Thursday night, the always popular Friday dine around, and the highly entertaining post-dine around karaoke event. Bring your family, bring your golf clubs, but most importantly bring yourself, as this year’s conference promises to be very special in every respect. We look forward to seeing you in February.

Joanne L. Zimolzak,LeClairRyan PLLC Chair-Insurance Coverage Litigation Committee

GREETINGS

PROGRAM AGENDADAY ONE – THURSDAY, FEBRUARY 21, 201911:30 AM – 5:00 PM REGISTRATION

12:45 – 1:15 PM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, TIPS Insurance Coverage

Litigation Committee Chair, Washington, D.C. Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA Roy A. Cohen, TIPS Section Chair, Porzio, Bromberg & Newman PC,

Morristown, NJ

THURSDAY OPENING SESSION SPONSORED BY RIVKIN RADLER1:15 – 2:15 PM TALES FROM THE MEDIATION CRYPT: HORRORS OTHERS

HAVE SUFFERED AND HOW TO AVOID THEMThe mediation from hell. An interminable, antagonistic, negative nightmare. Nobody wants to be in one, and if you ever have, you never want to be in one again. How can you escape this inferno if you’re there? More importantly, how can you avoid it in the first place?

MODERATOR: Andrew Nadolna, Mediator, JAMS, New York, NY

PANELISTS: Amber Finch, Partner, Reed Smith, Los Angeles, CAJeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation,

Los Angeles, CAElizabeth Ahlstrand, Partner, Seiger Gfeller Laurie, West Hartford, CT Kenna Plangemann, Senior Director of Claims, Associate General Counsel,

Suffolk Construction, Boston, MA

2:15 – 3:15 PM D&O POTPOURRI—CURRENT & TRENDING ISSUES IN D&O COVERAGED&O hot topics including issues from the headlines as well as less public but equally impactful coverage subjects facing both policyholders and insurers will be discussed.

MODERATOR: Janet Davis, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Ted Carleton, Principal, Skarzynski Black LLC, New York, NY

Ari Magedoff, Axis Capital, New York, NYMichelle Klein, SVP-Chief Claims Officer, Berkley Professional Liability,

New York, NYHelen K. Michael, Partner, Kilpatrick Townsend LLP, Washington, D.C.

3:15 – 3:30 PM BREAK – Sponsored by: White and Williams

3:30 – 4:30 PM DISASTER STRIKES—INSURANCE IMPLICATIONS OF A CONSTRUCTION CALAMITYThis panel will consider a set hypothetical involving a combination of property damage, construction defect and bodily injury claims resulting from one accident. The panel will assess this hypothetical and its impact upon the insurance policies issued to all parties involved, including: the owner; general contractors; subcontractors; and their respective property and liability policies.

MODERATOR: Kate Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY PANELISTS: David Pryce, Owner, Fenchurch Law Ltd, London, UK

Ken Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY Richard Dreitzer, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP,

Las Vegas, NV

4:30 – 5:00 PM NEW ATTENDEE WELCOME GATHERING

5:00 – 6:00 PM OPENING RECEPTION – ALL ATTENDEES WELCOME Sponsored by: Peabody & Arnold

6:30 – 8:30 PM DINNER (TICKETED EVENT) – Sponsored by: IRMI

FRIDAY, FEBRUARY 22, 20197:30 AM – 5:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Carrington Coleman and Nossaman LLP

8:15 – 8:30 AM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

FRIDAY MORNING SESSIONS SPONSORED BY COZEN O’CONNOR AND LeClairRyan

8:30 – 9:30 AM #METOO/EMPLOYMENT PRACTICES LIABILITY COVERAGE FOR SEXUAL HARASSMENT AND SIMILAR CLAIMSOur experts will share practical tips regarding best practices in these areas, including retention of counsel, conducting the investigation, and developing strong internal policies and procedures for both risk mitigation and effective complaint review. Panelists will also provide helpful insights regarding risk management and insurance coverage issues.

PANELISTS: Hillary Ramondi, Partner, Traub Lieberman, New York, NY Carla Martin, Associate, Sherman & Howard, Denver, CO Alicia Garcia, Senior Claims Analyst, AmTrust, Chicago, ILJose Ramirez, Partner, Holland & Hart, LLP, Greenwood Village, CO Andrea Sitar, Attorney, Klinedinst, Los Angeles, CA

9:30 – 10:30 AM EMERGING INSURANCE RISKS AND PRODUCTS IN THE SHARING/GIG ECONOMYThis program will explore the so-called On-Demand/Sharing/Peer-to-Peer/Gig economies, the role that insurance plays in their development, and the unique liability and insurance issues they create.

PANELISTS: Tamara Smith Holtslag, Partner, Peabody & Arnold, Boston, MA Cheryl Vollweiler, Partner, Traub Lieberman, New York, NY Alexandra Kroeger, Field Nation, Minneapolis, MNKeith Schraad, Director, Arizona Department of Insurance, Phoenix, AZDeborah Stalker, Deputy General Counsel, Chubb, Philadelphia, PA J. Christopher Fox, II, Lead Counsel, Litigation, Assurant, Atlanta, GA

10:30 – 10:45 AM BREAK – Sponsored by: Neal Gerber & Eisenberg, LLP

10:45 – 11:45 AM ETHICAL IMPLICATIONS OF IMPLICIT BIAS IN THE LEGAL PROFESSIONThis panel will address unconscious bias, how it manifests in the legal profession, and how it impacts recruitment, retention and promotion within corporations and law firms. The panel will examine the practical effects of unconscious bias on the legal profession and the justice system to raise awareness and lead to change.

MODERATOR: Gary Gassman, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Kristine Rickard, General Counsel, Fuzion Analytics, Indianapolis, IN

Lynnette Espy-Williams, Member and Chief Diversity Officer, Cozen O’Connor, Washington, DC

Michelle Lafferty, Chief Compliance Officer, Arthur J. Gallagher, Chicago, IL

11:45 AM – 12:00 PM SERVICE PROJECT PRESENTATION

12:00 – 1:15 PM TOOLBOX LUNCHEON SESSIONS – Sponsored by: Jaburg Wilk TOOLBOX COORDINATOR: Micalann Pepe, Partner, Jaburg WIlk, Phoenix, AZ

1. Gimme Some Credit—Credit Risk Insurance Coverage Issues, Damian Arguello, Colorado Insurance Law Center, Denver, CO

2. Restatement of Insurance Law—Update, Bill Barker, Partner, Dentons, Chicago, IL

3. Cryptocurrency/Insurance Coverage Issues, Maureen Mulligan, Partner, Peabody & Arnold, Boston, MA

4. Reinsurance for Extracontractual Claims, Maxine Verne, SCOR Reinsurance Co, New York, NY and Jamie Davis, DLA Piper, Chicago, IL

5. Duty to Allocate Settlements between Covered and Uncovered Claims, Jonathan Walton, Associate, Cozen O’Connor, Chicago, IL

6. Coverage Issues Arising from Natural Disasters, Jonathan R. MacBride, Partner, Chair Elect, Property Insurance Law Committee, Zelle LLP, Plymouth Meeting, PA

7. Maritime: Exculpatory Clauses in Marina Storage Contracts, Danielle Gauer, Associate, Chalos & Co, P.C., Miami, FL

8. Representations by Insurance Agents: Are They Binding on the Carrier? A Case Study, Chris Yetka, Partner, Barnes & Thornburg, Minneapolis, MN

9. Cannabis Law, Kara Thorvaldsen, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP, Boston, MA

10. Sex and Drugs, But No Rock & Roll, Deborah Minkoff, Vice Chair, Global Insurance Department, Cozen O’Connor, Philadelphia, PA

FRIDAY AFTERNOON SESSIONS SPONSORED BY WILSON ELSER AND SULLOWAY AND HOLLIS

1:15 – 2:15 PM ACCESSING INSURANCE COVERAGE PROGRAMS – AN EXHAUSTING TASKJudicial adoption of continuous trigger doctrine makes available an insured’s entire coverage program over multiple policy periods. The panel will explore the exhaustion issue and the consequences that adoption of either approach have on the insured’s coverage program.

PANELISTS: James Fischer, Professor of Law, Southwestern Law School, Los Angeles, CA

Steven Knott, Partner, Pillsbury, Los Angeles, CAMarci Goldstein Kokalas, Partner, Lazare Potter Giacovas & Moyle LLP,

New York, NY

2:15 – 3:15 PM MASS SHOOTINGS AND INSURANCE COVERAGE – Sponsored by: Insurance Regulatory Committee

The tragic increase in the number and severity of mass shootings has led to litigation and this has led to questions of insurance coverage. This panel will discuss these timely topics.

PANELISTS: Michael J. Steinlage, Larson King, St. Paul, MNChris Mosley, Member, Sherman & Howard, Denver, CO Mitchell Orpett, Director, Tribler Orpett & Meyer P.C., Chicago, ILFrancine L. Semaya, Legal and Insurance Regulatory Consultant,

New York, NY

3:15 – 3:30 PM BREAK – Sponsored by: Gray Duffy LLP and Thompson Coburn LLP

3:30 – 4:30 PM OUTSIDE THE LINES: PRACTICAL AND STRATEGIC CONSIDERATIONS IN AVOIDING, PROSECUTING AND DEFENDING AGAINST THE BAD FAITH CLAIMThis panel will consider and debate several different and difficult coverage scenarios potentially giving rise to bad faith allegations by a policyholder against its insurer. The panel also will address settlement valuation and strategy in particular bad faith case scenarios.

MODERATOR: Craig Stewart, Senior Counsel, White and Williams LLP, Boston, MA PANELISTS: Harry Lee, Partner, Steptoe & Johnson, LLP, Washington, D.C.

Jennifer Theim, Partner, K&L Gates, Charleston, SC Jason Donovan, Member, Foster Pepper, Seattle, WAJohn Reitwiesner, VP Head of Casualty Claims, StarStone Insurance

Company, Jersey City, NJ

5:00 – 6:00 PM ICLC BUSINESS MEETING

7:00 – 9:30 PM DINNER – DINE AROUND

SATURDAY, FEBRUARY 23, 20197:30 AM – 12:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Giometti & Mereness and Sherman & Howard

SATURDAY MORNING SESSIONS SPONSORED BY BARNES AND THORNBURG

8:30 – 9:30 AM THE OPIOID CRISIS: INSURANCE COVERAGE ISSUES ARISING FROM CLAIMS AGAINST MANUFACTURERS AND DISTRIBUTORS OF OPIOIDSOpioid litigation has expanded almost as quickly as news of the opioid addiction epidemic itself. Manufacturers, distributors, and pharmacies have been targets, as have individual medical professionals, in lawsuits seeking to recover for the costs of responding to opioid-related problems and losses. Our panel will discuss both the nature and defense of the underlying litigation and the coverage disputes that have arisen between targeted defendants and their insurers.

PANELISTS: Ronald Kent, Partner, Dentons, Los Angeles, CAWinnie Maggiore, Partner, Butt Thornton & Baehr, Albuquerque, NMLaura A. Foggan, Partner, Crowell & Moring LLP, Washington, D.C. Bernard Bell, Partner, Niller Freil, PLLC, Washington, D.C.Bridget Zaremba, Healthcare Claims Lead, QBE, Chicago, IL Christina Marinakis, Litigation Consultant, Litigation Insights,

Los Angeles, CA

9:30 – 10:30 AM CYBER & NETWORK INTERRUPTION VS. BUSINESS INTERRUPTION COVERAGE OVERLAPS AND GAPSAs cyber insurance policies mature beyond their privacy and network security origins and begin to provide coverage often found in traditional policies, additional attention is required to ensure seamlessness and consistency across programs. This panel will discuss and evaluate common coverage overlaps and gaps created by the business interruption coverage provided under both property and cyber policies.

MODERATOR: Chris Yetka, Partner, Barnes & Thornburg, LLP, Minneapolis, MN PANELISTS: Darin McMullen, Senior VP and E&O/Cyber Insurance Product Leader, Aon, Cyber Solutions, Philadelphia, PA

Chad Layton, Partner, Segal McCambridge Singer & Mahoney, Chicago, IL

Mark VonderHaar, Partner, Pichney VonderHaar, San Diego, CAMichelle Ingrassia, Media & Business Services Team Attorney,

Beazley, Farmington, CT

10:30 – 10:45 AM BREAK – Sponsored by: Jeff Kichaven Commercial Mediation

10:45 – 11:45 AM PRE-SUIT: WHAT ARE THE POLICYHOLDER’S AND INSURER’S DUTIES PRE-SUIT, INCLUDING THE DUTY TO DEFEND?This panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

MODERATOR: Eric Hermanson, Partner, White and Williams, Boston, MA PANELISTS: Micalann Pepe, Partner, Jaburg Wilk, Phoenix, AZ

Seth Lamden, Partner, Neal Gerber & Eisenberg, Chicago, IL Mary Pat Cormier, Liberty Mutual, Boston, MATimothy Thornton, Partner, Gray Duffy LLP, Encino, CA

11:45 AM – 12:00 PM CLOSING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

Dear Friends and Colleagues:

We are excited for you to join us at the Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference at the beautiful Arizona Biltmore in Phoenix, Arizona. This year’s conference features a wide variety of insurance topics, both cutting-edge and more nuts-and-bolts, that are sure to be of great interest to insurance practitioners and professionals. We will kick things off on Thursday with thoughtful panels covering mediations gone wrong (and how to avoid them), current/trending issues in D&O, and Property and Construction. The panels on Friday and Saturday will cover a wide variety of additional topics, including, among others, the impact of the #MeToo movement on EPL coverage for sexual harassment and similar claims, emerging insurance risks/products in the sharing/gig economy, mass shootings and insurance coverage, insurance coverage issues relating to the opioid crisis, and cyber/network interruption vs. business interruption coverage overlaps and gaps. And, as always, we will have our Friday break-out toolbox sessions covering ten topics of importance to coverage practitioners. In addition to the excellent program, the conference will continue its long tradition of fellowship and networking, with a reception and dinner on Thursday night, the always popular Friday dine around, and the highly entertaining post-dine around karaoke event. Bring your family, bring your golf clubs, but most importantly bring yourself, as this year’s conference promises to be very special in every respect. We look forward to seeing you in February.

Joanne L. Zimolzak,LeClairRyan PLLC Chair-Insurance Coverage Litigation Committee

GREETINGS

PROGRAM AGENDADAY ONE – THURSDAY, FEBRUARY 21, 201911:30 AM – 5:00 PM REGISTRATION

12:45 – 1:15 PM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, TIPS Insurance Coverage

Litigation Committee Chair, Washington, D.C. Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA Roy A. Cohen, TIPS Section Chair, Porzio, Bromberg & Newman PC,

Morristown, NJ

THURSDAY OPENING SESSION SPONSORED BY RIVKIN RADLER1:15 – 2:15 PM TALES FROM THE MEDIATION CRYPT: HORRORS OTHERS

HAVE SUFFERED AND HOW TO AVOID THEMThe mediation from hell. An interminable, antagonistic, negative nightmare. Nobody wants to be in one, and if you ever have, you never want to be in one again. How can you escape this inferno if you’re there? More importantly, how can you avoid it in the first place?

MODERATOR: Andrew Nadolna, Mediator, JAMS, New York, NY

PANELISTS: Amber Finch, Partner, Reed Smith, Los Angeles, CAJeff Kichaven, Principal Mediator, Jeff Kichaven Commercial Mediation,

Los Angeles, CAElizabeth Ahlstrand, Partner, Seiger Gfeller Laurie, West Hartford, CT Kenna Plangemann, Senior Director of Claims, Associate General Counsel,

Suffolk Construction, Boston, MA

2:15 – 3:15 PM D&O POTPOURRI—CURRENT & TRENDING ISSUES IN D&O COVERAGED&O hot topics including issues from the headlines as well as less public but equally impactful coverage subjects facing both policyholders and insurers will be discussed.

MODERATOR: Janet Davis, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Ted Carleton, Principal, Skarzynski Black LLC, New York, NY

Ari Magedoff, Axis Capital, New York, NYMichelle Klein, SVP-Chief Claims Officer, Berkley Professional Liability,

New York, NYHelen K. Michael, Partner, Kilpatrick Townsend LLP, Washington, D.C.

3:15 – 3:30 PM BREAK – Sponsored by: White and Williams

3:30 – 4:30 PM DISASTER STRIKES—INSURANCE IMPLICATIONS OF A CONSTRUCTION CALAMITYThis panel will consider a set hypothetical involving a combination of property damage, construction defect and bodily injury claims resulting from one accident. The panel will assess this hypothetical and its impact upon the insurance policies issued to all parties involved, including: the owner; general contractors; subcontractors; and their respective property and liability policies.

MODERATOR: Kate Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY PANELISTS: David Pryce, Owner, Fenchurch Law Ltd, London, UK

Ken Maguire, Partner, Ken Maguire & Associates, PLLC, New York, NY Richard Dreitzer, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP,

Las Vegas, NV

4:30 – 5:00 PM NEW ATTENDEE WELCOME GATHERING

5:00 – 6:00 PM OPENING RECEPTION – ALL ATTENDEES WELCOME Sponsored by: Peabody & Arnold

6:30 – 8:30 PM DINNER (TICKETED EVENT) – Sponsored by: IRMI

FRIDAY, FEBRUARY 22, 20197:30 AM – 5:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Carrington Coleman and Nossaman LLP

8:15 – 8:30 AM WELCOME & OPENING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

FRIDAY MORNING SESSIONS SPONSORED BY COZEN O’CONNOR AND LeClairRyan

8:30 – 9:30 AM #METOO/EMPLOYMENT PRACTICES LIABILITY COVERAGE FOR SEXUAL HARASSMENT AND SIMILAR CLAIMSOur experts will share practical tips regarding best practices in these areas, including retention of counsel, conducting the investigation, and developing strong internal policies and procedures for both risk mitigation and effective complaint review. Panelists will also provide helpful insights regarding risk management and insurance coverage issues.

PANELISTS: Hillary Ramondi, Partner, Traub Lieberman, New York, NY Carla Martin, Associate, Sherman & Howard, Denver, CO Alicia Garcia, Senior Claims Analyst, AmTrust, Chicago, ILJose Ramirez, Partner, Holland & Hart, LLP, Greenwood Village, CO Andrea Sitar, Attorney, Klinedinst, Los Angeles, CA

9:30 – 10:30 AM EMERGING INSURANCE RISKS AND PRODUCTS IN THE SHARING/GIG ECONOMYThis program will explore the so-called On-Demand/Sharing/Peer-to-Peer/Gig economies, the role that insurance plays in their development, and the unique liability and insurance issues they create.

PANELISTS: Tamara Smith Holtslag, Partner, Peabody & Arnold, Boston, MA Cheryl Vollweiler, Partner, Traub Lieberman, New York, NY Alexandra Kroeger, Field Nation, Minneapolis, MNKeith Schraad, Director, Arizona Department of Insurance, Phoenix, AZDeborah Stalker, Deputy General Counsel, Chubb, Philadelphia, PA J. Christopher Fox, II, Lead Counsel, Litigation, Assurant, Atlanta, GA

10:30 – 10:45 AM BREAK – Sponsored by: Neal Gerber & Eisenberg, LLP

10:45 – 11:45 AM ETHICAL IMPLICATIONS OF IMPLICIT BIAS IN THE LEGAL PROFESSIONThis panel will address unconscious bias, how it manifests in the legal profession, and how it impacts recruitment, retention and promotion within corporations and law firms. The panel will examine the practical effects of unconscious bias on the legal profession and the justice system to raise awareness and lead to change.

MODERATOR: Gary Gassman, Shareholder, Cozen O’Connor, Chicago, IL PANELISTS: Kristine Rickard, General Counsel, Fuzion Analytics, Indianapolis, IN

Lynnette Espy-Williams, Member and Chief Diversity Officer, Cozen O’Connor, Washington, DC

Michelle Lafferty, Chief Compliance Officer, Arthur J. Gallagher, Chicago, IL

11:45 AM – 12:00 PM SERVICE PROJECT PRESENTATION

12:00 – 1:15 PM TOOLBOX LUNCHEON SESSIONS – Sponsored by: Jaburg Wilk TOOLBOX COORDINATOR: Micalann Pepe, Partner, Jaburg WIlk, Phoenix, AZ

1. Gimme Some Credit—Credit Risk Insurance Coverage Issues, Damian Arguello, Colorado Insurance Law Center, Denver, CO

2. Restatement of Insurance Law—Update, Bill Barker, Partner, Dentons, Chicago, IL

3. Cryptocurrency/Insurance Coverage Issues, Maureen Mulligan, Partner, Peabody & Arnold, Boston, MA

4. Reinsurance for Extracontractual Claims, Maxine Verne, SCOR Reinsurance Co, New York, NY and Jamie Davis, DLA Piper, Chicago, IL

5. Duty to Allocate Settlements between Covered and Uncovered Claims, Jonathan Walton, Associate, Cozen O’Connor, Chicago, IL

6. Coverage Issues Arising from Natural Disasters, Jonathan R. MacBride, Partner, Chair Elect, Property Insurance Law Committee, Zelle LLP, Plymouth Meeting, PA

7. Maritime: Exculpatory Clauses in Marina Storage Contracts, Danielle Gauer, Associate, Chalos & Co, P.C., Miami, FL

8. Representations by Insurance Agents: Are They Binding on the Carrier? A Case Study, Chris Yetka, Partner, Barnes & Thornburg, Minneapolis, MN

9. Cannabis Law, Kara Thorvaldsen, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP, Boston, MA

10. Sex and Drugs, But No Rock & Roll, Deborah Minkoff, Vice Chair, Global Insurance Department, Cozen O’Connor, Philadelphia, PA

FRIDAY AFTERNOON SESSIONS SPONSORED BY WILSON ELSER AND SULLOWAY AND HOLLIS

1:15 – 2:15 PM ACCESSING INSURANCE COVERAGE PROGRAMS – AN EXHAUSTING TASKJudicial adoption of continuous trigger doctrine makes available an insured’s entire coverage program over multiple policy periods. The panel will explore the exhaustion issue and the consequences that adoption of either approach have on the insured’s coverage program.

PANELISTS: James Fischer, Professor of Law, Southwestern Law School, Los Angeles, CA

Steven Knott, Partner, Pillsbury, Los Angeles, CAMarci Goldstein Kokalas, Partner, Lazare Potter Giacovas & Moyle LLP,

New York, NY

2:15 – 3:15 PM MASS SHOOTINGS AND INSURANCE COVERAGE – Sponsored by: Insurance Regulatory Committee

The tragic increase in the number and severity of mass shootings has led to litigation and this has led to questions of insurance coverage. This panel will discuss these timely topics.

PANELISTS: Michael J. Steinlage, Larson King, St. Paul, MNChris Mosley, Member, Sherman & Howard, Denver, CO Mitchell Orpett, Director, Tribler Orpett & Meyer P.C., Chicago, ILFrancine L. Semaya, Legal and Insurance Regulatory Consultant,

New York, NY

3:15 – 3:30 PM BREAK – Sponsored by: Gray Duffy LLP and Thompson Coburn LLP

3:30 – 4:30 PM OUTSIDE THE LINES: PRACTICAL AND STRATEGIC CONSIDERATIONS IN AVOIDING, PROSECUTING AND DEFENDING AGAINST THE BAD FAITH CLAIMThis panel will consider and debate several different and difficult coverage scenarios potentially giving rise to bad faith allegations by a policyholder against its insurer. The panel also will address settlement valuation and strategy in particular bad faith case scenarios.

MODERATOR: Craig Stewart, Senior Counsel, White and Williams LLP, Boston, MA PANELISTS: Harry Lee, Partner, Steptoe & Johnson, LLP, Washington, D.C.

Jennifer Theim, Partner, K&L Gates, Charleston, SC Jason Donovan, Member, Foster Pepper, Seattle, WAJohn Reitwiesner, VP Head of Casualty Claims, StarStone Insurance

Company, Jersey City, NJ

5:00 – 6:00 PM ICLC BUSINESS MEETING

7:00 – 9:30 PM DINNER – DINE AROUND

SATURDAY, FEBRUARY 23, 20197:30 AM – 12:00 PM REGISTRATION

7:30 – 8:30 AM BREAKFAST – Sponsored by: Giometti & Mereness and Sherman & Howard

SATURDAY MORNING SESSIONS SPONSORED BY BARNES AND THORNBURG

8:30 – 9:30 AM THE OPIOID CRISIS: INSURANCE COVERAGE ISSUES ARISING FROM CLAIMS AGAINST MANUFACTURERS AND DISTRIBUTORS OF OPIOIDSOpioid litigation has expanded almost as quickly as news of the opioid addiction epidemic itself. Manufacturers, distributors, and pharmacies have been targets, as have individual medical professionals, in lawsuits seeking to recover for the costs of responding to opioid-related problems and losses. Our panel will discuss both the nature and defense of the underlying litigation and the coverage disputes that have arisen between targeted defendants and their insurers.

PANELISTS: Ronald Kent, Partner, Dentons, Los Angeles, CAWinnie Maggiore, Partner, Butt Thornton & Baehr, Albuquerque, NMLaura A. Foggan, Partner, Crowell & Moring LLP, Washington, D.C. Bernard Bell, Partner, Niller Freil, PLLC, Washington, D.C.Bridget Zaremba, Healthcare Claims Lead, QBE, Chicago, IL Christina Marinakis, Litigation Consultant, Litigation Insights,

Los Angeles, CA

9:30 – 10:30 AM CYBER & NETWORK INTERRUPTION VS. BUSINESS INTERRUPTION COVERAGE OVERLAPS AND GAPSAs cyber insurance policies mature beyond their privacy and network security origins and begin to provide coverage often found in traditional policies, additional attention is required to ensure seamlessness and consistency across programs. This panel will discuss and evaluate common coverage overlaps and gaps created by the business interruption coverage provided under both property and cyber policies.

MODERATOR: Chris Yetka, Partner, Barnes & Thornburg, LLP, Minneapolis, MN PANELISTS: Darin McMullen, Senior VP and E&O/Cyber Insurance Product Leader, Aon, Cyber Solutions, Philadelphia, PA

Chad Layton, Partner, Segal McCambridge Singer & Mahoney, Chicago, IL

Mark VonderHaar, Partner, Pichney VonderHaar, San Diego, CAMichelle Ingrassia, Media & Business Services Team Attorney,

Beazley, Farmington, CT

10:30 – 10:45 AM BREAK – Sponsored by: Jeff Kichaven Commercial Mediation

10:45 – 11:45 AM PRE-SUIT: WHAT ARE THE POLICYHOLDER’S AND INSURER’S DUTIES PRE-SUIT, INCLUDING THE DUTY TO DEFEND?This panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.

MODERATOR: Eric Hermanson, Partner, White and Williams, Boston, MA PANELISTS: Micalann Pepe, Partner, Jaburg Wilk, Phoenix, AZ

Seth Lamden, Partner, Neal Gerber & Eisenberg, Chicago, IL Mary Pat Cormier, Liberty Mutual, Boston, MATimothy Thornton, Partner, Gray Duffy LLP, Encino, CA

11:45 AM – 12:00 PM CLOSING REMARKSJoanne Zimolzak, Partner, LeClairRyan PLLC, Committee Chair,

Washington, D.C.Teresa Milano, AVP Claims, Management and Professional Liability,

StarStone, Program Chair, Boston, MA

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GENERAL INFORMATIONRegistration Deadline: February 9, 2019Hotel Deadline: January 30, 2019

SCHOLARSHIPS AVAILABLEATTENTION TIPS MEMBERS: Scholarships are available for all Section activities, courtesy of the TIPS Scholarship Fund. The Fund, established with the International Risk Management Institute (“IRMI”) and supported by subscriptions to the IRMI CGL Reporter, is intended to increase membership involvement in TIPS’ activities by minorities, solo and small firm practitioners, government attorneys, women, and young lawyers by providing financial support to those who would otherwise be unable to participate. For programs with tuition cost over $500, qualifying attorneys will receive at least a 50% reduction in the course fee(s). To request an application or receive additional information, visit www.abanet.org/tips/scholarship.html or contact Jeane Emily DuBose at Jeane.DuBose@americanbar.org 312/988-5673 for more information and an application.

ADVANCE REGISTRATIONThe Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee (ICLC) 27th Annual Midyear Conference will take place at the beautiful Arizona Biltmore in Phoenix, Arizona. Visit the TIPS website to register at www.americanbar.org/tips or complete the registration form included in this brochure. The registration fee includes admission to the program, course materials, continental breakfast, breaks, and reception. If you wish to have your name appear on the pre-registration list distributed at the program, ALL registration forms must be received no later than the registration deadline of February 9, 2019. Registration reservations will be confirmed in writing within 10 business days.

ON-SITE REGISTRATIONOn-site registrations will be accepted if space is available. Call Danielle Daly at 312/988-5708 or email danielle.daly@americanbar.org, 72 hours prior to the program to confirm that space is available. On-site registrants must pay the program fee by credit card or check made payable to the American Bar Association. A $25 fee will be charged to individuals registering on-site.

CANCELLATION POLICYNo registration fee refunds will be granted for cancellations received after February 9, 2019. In order to receive a refund (less a $50 administrative fee), the ABA must receive written cancellation by February 9, 2019. Registrants who are unable to attend may send a substitute or will receive course materials in lieu of a refund.

HOTEL INFORMATIONFor reservations call 800/950-0086 or 602/955-6600. A limited number of rooms have been blocked for program registrants of the ABA TIPS 2019 Annual Insurance Coverage Litigation Committee Meeting at the Arizona Biltmore Resort & Spa, 2400 East Missouri Avenue, Phoenix, AZ 85016 for a hotel room rate of $277.00 single/double plus 12.27% tax. For reservations, please call the hotel directly at 800/950-0086 OR 602/955-6600. The room block will be held until exhausted or until Wednesday, January 30, 2019 at 5:00 PM (CST). After the meeting specified hotel deadline, res