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


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Artwork Details

15th Annual

Insurance Law Institute

Austin Oct 14-15, 2010 InterContinental Stephen F. Austin Hotel
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.

The 2010 program covers a broad range of insurance law topics, and follows a common, working hypothetical based on a construction defect case.

Don't miss this unique opportunity to learn from and interact with the experts in downtown Austin!

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Event Schedule

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

  • Day 1 October 14, 2010
  • Day 2 October 15, 2010
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Oct. 14, 2010
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • THE SEMINAR WILL COVER A BROAD RANGE OF INSURANCE LAW TOPICS.
    To focus on practical application, some of the presentations will use a common hypothetical guide. The working hypothetical is based on a construction defect case involving an allegedly defective roof. The carrier denied any duty to defend or indemnify. The underlying pleadings are silent regarding numerous key facts, such as the impact of the Montrose language in the insuring agreement, known loss, “property damage”/trigger, applicable exclusions and exceptions to exclusions. Extrinsic facts known to the insured and provided to the carrier suggest answers to some of these coverage questions. The hypothetical will present issues as to whether extrinsic evidence can be used to bring the case within or without coverage, who has the burden of presenting it and when it must be presented. The facts will suggest potential collusion as to the pleading of the case. The hypothetical will also involve a multi-year event with damages in various portions of the building that is the subject of litigation, starting and stopping at various points throughout numerous years of coverage and multiple policies (primary and excess). The underlying “trial” was held without participation by defense counsel since the insured claimed to be too poor to employ counsel. The facts presented at trial did not clearly resolve all key questions necessary to invoke coverage, allocate between covered and uncovered claims, and determine when damage actually was sustained.

  • 9:00 am
    0.75 hr
    0.25 hr ethics
    Coverage Opinion
    When insurers face uncertainty, confusion, contradictory evidence, a lack of clarity as to whether there is coverage, or obscure and/or unknown legal points, the prudent insurer should request a coverage opinion from one or more outside lawyers. Such communiqués have a lot of characteristics—some formal and virtually prescribed and some informal and various. This presentation sets forth the strategies behind and characteristics of a thoughtfully drafted coverage opinion letter.

    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX
    L. Kimberly Steele, Sedgwick, Detert, Moran & Arnold - Dallas, TX

  • 9:45 am
    0.75 hr
    0.25 hr ethics
    You Can't Handle the Truth! Pleading and Duty to Defend
    The duty to defend, the eight corners rule, the true and actual facts vs. facts alleged, and the current state of Texas law on when extrinsic evidence beyond the pleadings can and cannot be considered to resolve liability coverage issues. When is a silent petition sufficient to trigger the duty to defend? What role does the burden of proof have in deciding if the duty has been triggered? What substantive coverage issues are outside of the scope of the eight corners rule? Is the eight corners rule viable? Is it a rule of evidence or policy construction? Is it Erie-procedural? This presentation utilizes a realistic pleading scenario in a typical construction defect case to examine all of these issues.

    David J. Schubert, Schubert & Evans PC - Dallas, TX
    John C. Tollefson, Tollefson Bradley Ball & Mitchell, LLP - Dallas, TX

  • 10:30 am
    Break

  • 10:45 am
    1.00 hr
    Allocation and Exhaustion
    A focus on the rules governing how covered losses are divided among multiple insurers. Topics include allocation of defense costs and indemnity amounts, all sums vs. pro rata, horizontal and vertical exhaustion, what constitutes exhaustion, and subrogation rights among insurers. Theoretical and practical problems relating to the separation of covered and non-covered damages are also discussed.

    J. Mark Lawless, Nickens Keeton Lawless Farrell & Flack LLP - Austin, TX
    Aaron Mitchell, Tollefson Bradley Ball & Mitchell, LLP - Dallas, TX

  • Thursday Afternoon, Oct. 14, 2010
  • 11:45 am
    LUNCHEON PRESENTATION
    Pick up Box Lunch

    Included in conference registration fee.

  • 12:00 pm
    1.00 hr ethics
    Ethics Buffet
    A smorgasbord of saucy, spicy and hot-off-the-stove ethics issues. All you care to eat. Antacids available.

    Jeffrey R. Jury, Burns Anderson Jury & Brenner - Austin, TX

  • 1:00 pm
    Break

  • 1:15 pm
    1.00 hr
    Trial of the Duty to Indemnify
    This session focuses on the peculiar issues that come up in coverage litigation over indemnity that follows either a trial of the underlying suit or settlement of that suit. Examined are the types of evidence, such as historical facts, discovered facts, actual facts and new facts that may or may not be used to prove indemnity and allocation. Also discussed are underlying verdicts that are incomplete or which do not directly address the contested coverage issues, and verdicts in cases involving concurrent causation and/or allocation questions, along with application of collateral estoppel in determining the binding effect, if any, the trial and judgment in the underlying suit may have on the insured and the insurer. The session addresses the impact of a judgment that is not the result of a fully adversarial trial and the continuing validity of the Gandy decision. Issues regarding which party has the burden of proof on what issues, including allocation, are covered. Finally, there is discussion of when expert testimony may be allowed, when it is required and the type of expert testimony that may be utilized.

    R. Brent Cooper, Cooper & Scully, P.C. - Dallas, TX
    Michael W. Huddleston, Shannon, Gracey, Ratliff & Miller LLP - Dallas, TX

  • 2:15 pm
    0.50 hr
    Other Insurance and Priority of Payment
    When multiple carriers are offering to pay the claim, which one pays what share? The legal and practical effect of multiple insureds, multiple years of coverage, contractual indemnity obligations and competing "other insurance" clauses on payment of settlements and judgments.

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

  • 2:45 pm
    Break

  • 3:00 pm
    0.50 hr
    0.25 hr ethics
    Coverage Mediations: Backing Away from the Brink
    Lessons from a coverage mediator and attorney including how to effectively prepare for mediation, negotiate coverage resolutions and deal with coverage issues during the pendency of underlying cases.

    Paul J. Van Osselaer, Van Osselaer & Buchanan LLP - Austin, TX

  • 3:30 pm
    0.75 hr
    Pay Me Now! Strategies to Promote and Resist Payment of Defense Costs under Claims-Made Policies
    This session addresses Texas law on defense costs issues under various types of claims-made policies (e.g., Directors and Officers, Errors and Omissions, Employment Practices Liability, etc.). Also included is a discussion of the rules of construction that apply to typical claims-made payment-of-defense-costs provisions, the timing of payment by the insurer, exclusions that apply only after "full adjudication" or an "in fact" determination, whether an insurer may recoup defense costs paid to its policyholder or apportion some costs to uncovered claims, the impact of wasting limits policy and practical strategy considerations.

    Jamie Rohde Carsey, Thompson, Coe, Cousins & Irons, L.L.P. - Houston, TX
    J. James Cooper, Gardere Wynne Sewell LLP - Houston, TX

  • 4:15 pm
    0.75 hr
    Certificates of Insurance: Are They Worth the Paper They're Written On?
    The limitations on certificates of insurance, the pitfalls in accepting or providing a certificate and the potential liability of the brokers who issue them.

    Sandra Cockran Liser, Naman Howell Smith & Lee, PLLC - Fort Worth, TX
    Bob Roberts, The Law Offices of Bob Roberts - Austin, TX

  • 5:00 pm
    0.50 hr
    What's in the Pipeline: Attorney/Client Issues
    Sharing information is essential to the insurance business. Policyholders and insurance carriers need to be able to exchange information and freely communicate for proper claims handling. When coverage disputes arise, however, the parties who were once working toward a common goal become adversaries. This situation brings with it a host of privilege issues. It is therefore in both policyholders' and insurance carriers' best interests to find the means to preserve the free flow of information without waiving privilege in the event a coverage dispute arises in the future.

    Erika Lea Blomquist, Haynes and Boone, LLP - Dallas, TX

  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Oct. 15, 2010
  • 8:00 am
    Conference Room Opens
    Includes continental breakfast.

  • 8:30 am
    0.75 hr
    Additional Insured and Contractual Indemnity Coverage: Which Is Better?
    There is a difference between coverage afforded to additional insureds as opposed to coverage for contractual indemnity that many professionals do not understand. These differences and how they impact a claim as well as the policy limits are analyzed.

    Veronica M. Bates, Hermes Sargent Bates, LLP - Dallas, TX

  • 9:15 am
    0.75 hr
    Lies, Liens and Offsets
    Overview of liens and other interests that impact settlements and payments of claims. Interests and liens to be addressed include Medicare, ERISA, state-law liens and other pecuniary creatures.

    Jamie Penton Cooper, Martin, Disiere, Jefferson & Wisdom, L.L.P. - Houston, TX
    Meloney Cargil Perry, Meckler Bulger Tilson Marick & Pearson LLP - Dallas, TX

  • 10:00 am
    Break

  • 10:15 am
    0.75 hr
    "Bad Faith" Update
    A detailed review of what is and isn't "bad faith," the standards for deciding, proof and insufficient proof, and tactical decisions to be made.

    Veronica Carmona Czuchna, Clark Thomas & Winters, P.C. - Austin, TX
    Mark L. Kincaid, Kincaid & Horton L.L.P. - Austin, TX

  • 11:00 am
    0.75 hr
    Appraisal
    State Farm Lloyds v. Johnson, what happened?

    Moderator:
    Beth D. Bradley, Tollefson Bradley Ball & Mitchell, LLP - Dallas, TX
    Panelists:
    Scott A. Brister, Andrews Kurth LLP - Austin, TX
    Panelists:
    Mark A. Ticer, Law Office of Mark A. Ticer - Dallas, TX

  • Friday Afternoon, Oct. 15, 2010
  • 11:45 am
    LUNCHEON PRESENTATION
    Pick up Box Lunch

    Included in conference registration fee.

  • 12:00 pm
    1.00 hr
    0.25 hr ethics
    Insurance Legend: Lessons to Be Learned from the Life of Rusty McMains

    William J. Chriss, Law Office of William J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P. - Austin, TX

  • 1:00 pm
    Break

  • 1:15 pm
    0.75 hr ethics
    Lawyers and the Business of Insurance
    Tilley to Traver to Perez: A dangerous combination within the insurance defense tripartite relationship.

    Robert D. Allen, Meckler Bulger Tilson Marick & Pearson LLP - Dallas, TX
    Joe K. Longley, Law Offices of Joe K. Longley - Austin, TX

  • 2:00 pm
    0.75 hr
    Successor Liability and Anti-Assignment
    This session explores the state of Texas law regarding the rights of a successor entity to a predecessor's insurance coverage and the factors affecting those rights, including: form of the corporate transaction transferring the underlying liability; contractual and "operation of law" theories of insurance coverage assignment; definition of a "chose in action" and interplay with occurrence "triggers"; and the validity and scope of insurance policy anti-assignment clauses.

    Catherine L. Hanna, Hanna & Plaut, LLP - Austin, TX
    Pamella A. Hopper, Nickens Keeton Lawless Farrell & Flack LLP - Austin, TX

  • 2:45 pm
    0.50 hr
    Top Ten Commercial Hurricane Damage Claims Disputes: A Texas Perspective
    To assist the Texas practitioner whose client is one of the many businesses facing a commercial property hurricane damage claim/dispute, this session provides a brief overview of Texas law on ten of the most prevalent areas of dispute in commercial hurricane damage claims, as identified by some of the nation's most experienced large loss insurance company adjusters, national public adjusters and commercial property brokers.

    Jim LaRoe, The Law Offices of James K. LaRoe, P.C. - Dallas, TX

  • 3:15 pm
    0.75 hr
    Ask the Experts: Structured Q&A
    All questions answered! Submit your questions at the registration desk throughout the program.

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

  • 4:00 pm
    Adjourn

  • Day 1 October 14, 2010
  • Day 2 October 15, 2010
Download Schedule

Conference Faculty

Robert D. Allen

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

Veronica M. Bates

Hermes Sargent Bates, LLP
Dallas, TX

Erika Lea Blomquist

Haynes and Boone, LLP
Dallas, TX

Beth D. Bradley

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Scott A. Brister

Andrews Kurth LLP
Austin, TX

Jamie Rohde Carsey

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

William J. Chriss

Law Office of William J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P.
Austin, TX

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

Jamie Penton Cooper

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

R. Brent Cooper

Cooper & Scully, P.C.
Dallas, TX

Veronica Carmona Czuchna

Clark Thomas & Winters, P.C.
Austin, 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

Jeffrey R. Jury

Burns Anderson Jury & Brenner
Austin, TX

Mark L. Kincaid

Kincaid & Horton L.L.P.
Austin, TX

Jim LaRoe

The Law Offices of James K. LaRoe, P.C.
Dallas, TX

J. Mark Lawless

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Sandra Cockran Liser

Naman Howell Smith & Lee, PLLC
Fort Worth, 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

Stephen A. Melendi

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Aaron Mitchell

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Meloney Cargil Perry

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

Bob Roberts

The Law Offices of Bob Roberts
Austin, TX

David J. Schubert

Schubert & Evans PC
Dallas, TX

Lee H. Shidlofsky

Visser Shidlofsky LLP
Austin, TX

L. Kimberly Steele

Sedgwick, Detert, Moran & Arnold
Dallas, TX

Mark A. Ticer

Law Office of Mark A. Ticer
Dallas, TX

John C. Tollefson

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Paul J. Van Osselaer

Van Osselaer & Buchanan LLP
Austin, TX

Stephen E. Walraven

Langley & Banack, Inc.
San Antonio, TX

Planning Committee

Lee H. Shidlofsky—Chair

Visser Shidlofsky LLP
Austin, TX

Robert D. Allen

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

Veronica M. Bates

Hermes Sargent Bates, LLP
Dallas, TX

Erika Lea Blomquist

Haynes and Boone, LLP
Dallas, TX

Beth D. Bradley

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Jamie Rohde Carsey

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

William J. Chriss

Law Office of William J. Chriss, P.C. of counsel to Gravely & Pearson, L.L.P.
Austin, TX

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

Jamie Penton Cooper

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

R. Brent Cooper

Cooper & Scully, P.C.
Dallas, TX

Veronica Carmona Czuchna

Clark Thomas & Winters, P.C.
Austin, TX

Pamella A. Hopper

Nickens Keeton Lawless Farrell & Flack LLP
Austin, TX

Michael W. Huddleston

Shannon, Gracey, Ratliff & Miller LLP
Dallas, TX

Mark L. Kincaid

Kincaid & Horton L.L.P.
Austin, TX

Jim LaRoe

The Law Offices of James K. LaRoe, P.C.
Dallas, TX

Sandra Cockran Liser

Naman Howell Smith & Lee, PLLC
Fort Worth, TX

Joe K. Longley

Law Offices of Joe K. Longley
Austin, TX

Philip K. Maxwell

Attorney at Law
Austin, TX

Stephen A. Melendi

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Meloney Cargil Perry

Meckler Bulger Tilson Marick & Pearson LLP
Dallas, TX

David L. Plaut

Hanna & Plaut, LLP
Austin, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

Bob Roberts

The Law Offices of Bob Roberts
Austin, TX

David J. Schubert

Schubert & Evans PC
Dallas, TX

L. Kimberly Steele

Sedgwick, Detert, Moran & Arnold
Dallas, TX

Mark A. Ticer

Law Office of Mark A. Ticer
Dallas, TX

John C. Tollefson

Tollefson Bradley Ball & Mitchell, LLP
Dallas, TX

Stephen E. Walraven

Langley & Banack, Inc.
San Antonio, TX

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 14.25 hrs  |  2.75 hrs Ethics
Legal Specialization(s): 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 – 14.25 hrs  |  2.75 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.
Toggle view TX Insurance – 0.00 hr
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 

Key Dates

Austin – Oct 14-15, 2010 – InterContinental Stephen F. Austin Hotel
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $525.00 Regular pricing: Oct 8, 2010

$575.00 for registrations received after this time

Last day for cancellation (full refund): Oct 11, 2010

$50 processing fee applied after this date

Last day for cancellation: Oct 11, 2010

Venue

speaker

InterContinental Stephen F. Austin Hotel

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

Accommodations

$189.00 good through Sep 22, 2010

Parking Information

Valet $14 per day / $25 Overnight

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