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Sponsored by
The Insurance Law Section of the State Bar of Texas
The University of Texas School of Law

Conference art

13th Annual

Insurance Law Institute

Austin Oct 22*, 23-24, 2008 InterContinental Stephen F. Austin Hotel
*optional Wed Evening session
Conference Concluded
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Overview

The Insurance Law Institute offers a comprehensive overview of major insurance decisions, developing issues in coverage law, and effective practice strategies for coverage litigation. This year's topics focus on self-insured, additional insured, agent liability, relitigation issues, and more.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 October 22, 2008
  • Day 2 October 23, 2008
  • Day 3 October 24, 2008
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Evening, Oct. 22, 2008
    Presiding Officer:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
  • Building Blocks: Introducing Control of Defense Litigation on Management

  • 6:00 pm
    0.75 hr
    Restaurant Tables, Hotel Rooms and Insurer Rights: How Common Mistakes Result in No Reservations
    Common mistakes and their consequences in the drafting of reservation of rights letters, and the building blocks for effective letters with sample types and wordings.

    Karen Klaas Milhollin, Westmoreland Hall PC - Houston, TX

  • 6:45 pm
    Break

  • An Hour of Stowers: Exploring an Insurer’s Liability for Failing to Settle Within Policy Limits

  • 7:00 pm
    0.50 hr
    Part One: What are the Odds?
    An examination of results from Stowers cases at trial and on appeal.

    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX

  • 7:30 pm
    0.50 hr
    Part Two: What are My Theories?
    Complications, convolutions and new developments in legal issues concerning the application of Stowers and insurer responsibility for settlement issues, including a theoretical examination of legal creativity.

    Robert J. Cunningham, Roach & Newton, LLP - Houston, TX

  • 8:00 pm
    Q&A For Wednesday Night Speakers

  • 8:15 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 23, 2008
    Presiding Officer:
    Veronica M. Carmona Czuchna, Jordan & Carmona PC - Austin, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 9:00 am
    1.00 hr
    The New Carrier-Insured-Carrier Relationship: The Problem of Multiple Carrier Sharing After MidContinent
    The ever complicated relationship between carriers and their insureds has become yet more confused following the Texas Supreme Court's controversial decision in MidContinent v. Liberty Mutual. This discussion attempts to sort out the problems raised and consider its practical implications, while also answering the question, "Is this one of the most difficult insurance cases ever?"

    Brian Scott Martin, Thompson, Coe, Cousins & Irons, L.L.P. - Houston, TX
    Ernest Martin Jr., Haynes and Boone, LLP - Dallas, TX
    Moderator:
    Lee H. Shidlofsky, Visser Shidlofsky LLP - Austin, TX

  • 10:00 am
    0.50 hr
    Pending Coverage Cases at the Supreme Court of Texas and Fifth Circuit Court of Appeals
    A discussion of the "hot" cases pending before the Supreme Court of Texas and the Fifth Circuit Court of Appeals and their potential impact to insureds and insurers.

    Lee H. Shidlofsky, Visser Shidlofsky LLP - Austin, TX

  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    You Get What You Pay For: Additional Insured Issues
    The speakers will address the evolving quagmire of additional insured issues, including new cases, new forms, the obligations of the additional insured, interaction with indemnity obligations, the juxtaposition of extrinsic contracts and the complaint allegation rule, and the significance (or not) of certificates of insurance. Or, how things should be, how things go wrong, and what can be done.

    Beth D. Bradley, Tollefson Bradley Ball & Mitchell, LLP - Dallas, TX
    Stephen E. Walraven, Langley & Banack, Inc. - San Antonio, TX

  • 11:30 am
    0.50 hr
    Liability of Insurance Intermediaries (Agents and Brokers)

    For a long time, insurance intermediaries in Texas have been fundamentally liable to purchasers of insurance for 1) failing to procure a policy or 2) procuring incorrect or inadequate coverage. Of course, there are many more complex ways in which an intermediary might be liable to an insurer. The world has changed! There is a tendency toward a broader range of intermediary-to-customer liabilities, and they have many bases. Even Texas cases may be starting to change, although the Errors and Omissions insurers are - for obvious reasons - resisting this trend vigorously.

    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

  • Thursday Afternoon, Oct. 23, 2008
    Presiding Officer:
    Beth D. Bradley, Tollefson Bradley Ball & Mitchell, LLP - Dallas, TX
  • LUNCHEON PRESENTATION

  • 12:00 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:15 pm
    0.75 hr
    The Future of Climate Change Litigation--Will Things Heat Up in the Courtroom?

    Stephen D. Susman, Susman Godfrey LLP - New York, NY

  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    Global Warming—An Inconvenient Truth for Insurance Carriers?
    Will general liability policies provide coverage for the enormous defense costs and possible massive damage awards arising from climate change lawsuits like Native Village of Kivalina v. ExxonMobil? Will directors and officers liability policies provide coverage for alleged failure to adequately disclose potential liabilities related to global warming?

    Pamella A. Hopper, Nickens Keeton Lawless Farrell & Flack LLP - Austin, TX

  • 1:45 pm
    0.50 hr
    Keep on Trucking: Insurance Issues Affecting the Industry
    Overview of critical issues including: Lessor/Lessee insured status; priority of coverages; MCS 90 endorsement; bobtail coverage; Form F; and regulatory requirements.

    Veronica Martinsen Bates, Hermes Sargent Bates, LLP - Dallas, TX

  • 2:15 pm
    0.50 hr
    Seeking Solutions: Avoiding Mid-Continent Issues
    A discussion of the settlement issues created by the Mid-Continent opinion and analysis of potential solutions, including loan receipts and related "deals."

    Russell H. McMains, Attorney at Law - Corpus Christi, TX

  • 2:45 pm
    Break

  • 3:00 pm
    0.50 hr
    "Unconditional Love"—Policy Conditions and Covenants
    Condition versus covenant? Prejudice required? Recent cases: PAJ, Crocker. What about "claims made" policies?

    David J. Schubert, Schubert & Evans PC - Dallas, TX

  • 3:30 pm
    0.50 hr
    To Be Bound or Not To Be Bound—What Is The Question?
    Exploring the impact of rules that may bind a party as to the resolution of coverage issues and the duty to indemnify. Including examination of the doctrine of collateral estoppel in insurance cases, judicial estoppel, jurisprudential limitations regarding proof of indemnity facts under Shand Morahan, Swicegood and AISLIC v. Res-Care, and public policy rules such as Gandy and Dorismond after Evanston v. ATOFINA.

    Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX

  • 4:00 pm
    1.00 hr ethics
    Incongruence: Breach of Fiduciary Duty Under UPLC—How Far Will It Extend—and Will It Stop at 'Staff' Lawyers?
    What issues are raised by the Supreme Court’s recent American Home opinion and what issues might lie ahead for staff counsel and their corporate employers?

    Joe K. Longley, Law Offices of Joe K. Longley - Austin, TX
    Mark A. Ticer, Law Offices of Mark A. Ticer - Dallas, TX
    James W. Walker, Walker Sewell LLP - Dallas, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 24, 2008
    Presiding Officer:
    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX
  • 8:30 am
    Conference Room Opens
    Includes continental breakfast.

  • 9:00 am
    0.50 hr
    Subprime Primer: Where's the Primary Exposure?
    An overview of the practices and players that contributed to the subprime mortgage crisis and an examination of the insurance coverage issues—policies, insureds, triggers, and exclusions—implicated by demands for defense and indemnity in the ensuing litigation.

    Catherine L. Hanna, Hanna & Plaut, LLP - Austin, TX

  • 9:30 am
    0.50 hr
    The Insurability of Punitive Damages in Texas: Fairfield Insurance v. Stephens Martin Paving and Related Cases
    This session examines the implications of Fairfield and its related cases in a variety of factual and hypothetical contexts.

    David L. Plaut, Hanna & Plaut, LLP - Austin, TX

  • 10:00 am
    0.50 hr
    Because I Can! But Should I? Litigation Strategies and Tactics in Personal Lines Insurance Litigation
    An analysis of options available under the insurance policies as well as under current case law in personal lines insurance litigation and why you might, or might not, want to exercise those options.

    Lisa A. Songy, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Choice of Law
    Navigating the many routes to resolve difficult choice-of-law questions when interpreting insurance policies, including multi-state policies.
    Please note: This session has been moved to 2:30 pm Friday.

    David S. White, Thompson & Knight LLP - Dallas, TX

  • 11:15 am
    0.50 hr
    Duty Not to Settle
    Much has been written on the duty of insurers to settle. This topic will focus on what duties insurers have to their insureds not to settle liability claims and what circumstances will give rise to that duty.

    R. Brent Cooper, Cooper & Scully, P.C. - Dallas, TX

  • Friday Afternoon, Oct. 24, 2008
    Presiding Officer:
    David L. Plaut, Hanna & Plaut, LLP - Austin, TX
  • LUNCHEON PRESENTATION

  • 11:45 am
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:00 pm
    1.00 hr ethics
    What Constitutes an "Adequate Defense?"—Cadillacs, Chevrolets & Yugos
    What defense is an insured entitled to receive? This session explores the ethical issue of what constitutes an “adequate defense” under an insurer’s duty to defend. The discussion will examine tensions that may arise in the tri-partite relationship, including the policyholder’s desire for the “ultimate” defense, the insurer’s desire to provide that defense within reasonable economic parameters in a competitive marketplace and the defense counsel’s ethical duty to render independent professional judgment to effectuate a zealous defense. This discussion will also examine remedies that may be available to a policyholder when Texas law does not recognize a cause of action for “negligent defense” by an insured against his insurer.

    J. Mark Lawless, Nickens Keeton Lawless Farrell & Flack LLP - Austin, TX
    Mary J. Ibarra Myers, Liberty Mutual Insurance - San Antonio, TX

  • 1:00 pm
    Break

  • 1:15 pm
    0.75 hr
    The Texas Department of Insurance Complaint Process—Two Perspectives
    The Texas Department of Insurance and an insurance industry representative discuss the TDI complaint process. This topic includes discussion of 1) the TIC, concerning the statutory provisions that require the Texas Department of Insurance to collect and distribute complaint information, 2) the TAC, concerning an insurer's complaint response requirements, complaint records and logs, as well as recent agency regulations, and 3) the DOUGH, concerning monetary recovery for consumers; market conduct examinations, and insurer fines and restitution payments. Insurers' responsibilities in the complaint process, tips for responding to complaints, and TDI complaint resources will be presented.

    Robert Fred Josey, Hanna & Plaut, L.L.P. - Austin, TX
    Sara Shiplet Waitt, Texas Department of Insurance - Austin, TX

  • 2:00 pm
    0.50 hr
    Jury Selection Issues in Insurance Cases
    Insurance cases are frequently won or lost in jury selection. How do you deal with inherent hostility to insurers? What do you do when most of the panel members experienced the event made the basis of the insurance claim? How do you make complex coverage issues simple enough for a jury? How can mock juries be more predictive? How can you maximize the chances of winning your insurance case in voir dire?

    Christopher W. Martin, Martin, Disiere, Jefferson, & Wisdom, L.L.P. - Houston, TX

  • 2:30 pm
    0.50 hr
    Excess, Primary, and Self Insured
    This topic will explore the latest developments in equitable subrogation excess v. primary suits, as well as the different issues arising when dealing with self insureds. Can an excess carrier compel a primary or self insured to tender their limits? What about control of a defense where, practically speaking, the majority of the exposure is that of the excess insurer? How do potentially uncovered punitive damages play into this situation?
    Please note: This session has been moved to 10:45 am Friday.

    Robert D. Allen, Meckler Bulger Tilson Marick & Pearson LLP - Dallas, TX

  • 3:00 pm
    Adjourn

  • Day 1 October 22, 2008
  • Day 2 October 23, 2008
  • Day 3 October 24, 2008
Download Schedule

Conference Faculty

Robert D. Allen

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

Veronica Martinsen Bates

Hermes Sargent Bates, LLP
Dallas, TX

Beth D. Bradley

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

R. Brent Cooper

Cooper & Scully, P.C.
Dallas, TX

Robert J. Cunningham

Roach & Newton, LLP
Houston, TX

Catherine L. Hanna

Hanna & Plaut, LLP
Austin, TX

Pamella A. Hopper

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Robert Fred Josey

Hanna & Plaut, L.L.P.
Austin, TX

J. Mark Lawless

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Joe K. Longley

Law Offices of Joe K. Longley
Austin, TX

Brian Scott Martin

Thompson, Coe, Cousins & Irons, L.L.P.
Houston, TX

Christopher W. Martin

Martin, Disiere, Jefferson, & Wisdom, L.L.P.
Houston, TX

Ernest Martin Jr.

Haynes and Boone, LLP
Dallas, TX

Russell H. McMains

Attorney at Law
Corpus Christi, TX

Karen Klaas Milhollin

Westmoreland Hall PC
Houston, TX

Vincent E. Morgan

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Mary J. Ibarra Myers

Liberty Mutual Insurance
San Antonio, TX

David L. Plaut

Hanna & Plaut, LLP
Austin, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

David J. Schubert

Schubert & Evans PC
Dallas, TX

Lee H. Shidlofsky

Visser Shidlofsky LLP
Austin, TX

Lisa A. Songy

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Stephen D. Susman

Susman Godfrey LLP
New York, NY

Mark A. Ticer

Law Offices of Mark A. Ticer
Dallas, TX

Sara Shiplet Waitt

Texas Department of Insurance
Austin, TX

James W. Walker

Walker Sewell LLP
Dallas, TX

Stephen E. Walraven

Langley & Banack, Inc.
San Antonio, TX

David S. White

Thompson & Knight LLP
Dallas, TX

Planning Committee

Beth D. Bradley—Co-Chair

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Vincent E. Morgan—Co-Chair

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Robert D. Allen

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

Gene F. Creely II

Cozen & O'Connor
Houston, TX

Elizabeth Ann Gilday

Attorney at Law
Dallas, TX

D. Christopher Heckman

Exxon Mobil Corporation
Irving, TX

Pamella A. Hopper

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

J. Mark Lawless

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Brian Scott Martin

Thompson, Coe, Cousins & Irons, L.L.P.
Houston, TX

Christopher W. Martin

Martin, Disiere, Jefferson, & Wisdom, L.L.P.
Houston, TX

Ernest Martin Jr.

Haynes and Boone, LLP
Dallas, TX

Russell H. McMains

Attorney at Law
Corpus Christi, TX

David L. Plaut

Hanna & Plaut, LLP
Austin, TX

Bob Roberts

The Law Offices of Bob Roberts
Austin, TX

David J. Schubert

Schubert & Evans PC
Dallas, TX

Lisa A. Songy

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

L. Kimberly Steele

Sedgwick Detert Moran & Arnold LLP
Dallas, TX

Stephen E. Walraven

Langley & Banack, Inc.
San Antonio, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 14.00 hrs  |  1.75 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, Civil Trial Law, Personal Injury Trial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.00 hrs  |  1.75 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 16.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Oct 22*, 23-24, 2008 – InterContinental Stephen F. Austin Hotel
*optional Wed Evening session
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $495.00 Regular pricing: Oct 15, 2008

$545.00 for registrations received after this time

Last day for cancellation (full refund): Oct 17, 2008

$50 processing fee applied after this date

Last day for cancellation: Oct 20, 2008

Venue

speaker

InterContinental Stephen F. Austin Hotel

701 Congress Avenue
Austin, TX
512-457-8800 (reservations)

Accommodations

$199.00 good through Oct 1, 2008

Parking Information

Parking: $21 Valet overnight; $12 Valet day; additional self-parking nearby

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