Overview

Don’t miss the 2014 Insurance Law Institute—a unique forum for practitioners of all experience levels to interact with bench, bar, risk managers, adjusters, and policyholders.

2014 program highlights include:

  • The 85th Anniversary of Stowers explores the successes and failures, as well as recent developments
  • Bryan A. Garner, the leading authority on good legal writing, gives advice and practical tools for effective legal writing
  • Hear from a panel of distinguished judges on how to successfully present your case to both the judiciary and the venire
  • Gain insight on how Gilbert, Ewing and Lennar are relevant to many other types of coverage and bad faith disputes outside of the construction context
  • In-depth issue coverage of issues arising out of the oil patch, professional lines issues, brokerage issues, and more
  • Hear different client perspectives about what they want from their attorneys and how they approach coverage issues
  • Networking opportunities with program faculty and attendees at Thursday Evening's Reception
  • Earn up to 2.00 hours of Ethics credit

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Nov. 13, 2014
    Presiding Officer:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:35 am
    Welcoming Remarks

  • 8:45 am
    1.00 hr
    How to Deal with Appraisals and Keep It from Going Amok?
    Use of the appraisal process in property insurance disputes has increased dramatically over the past few years. Is this the direct result of State Farm v. Johnson? Is it because of Hurricane Ike and recent severe hail storms? Or are there other reasons? Examine the current status of the Texas insurance appraisal process from both the policyholder and insurer perspectives.

    Steven J. Badger, Zelle Hofmann Voelbel & Mason LLP - Dallas, TX
    Timothy M. Hoch, Hoch Law Firm, PC - Fort Worth, TX

  • 9:45 am
    0.50 hr
    The 85th Anniversary of Stowers
    The Stowers doctrine has now been a fixture in Texas insurance law for more than 85 years. Explore successes and failures in key cases, as well as recent developments that may impact how you approach these issues.

    David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    How to Write Reservation of Rights Letters Rightly and How to Respond to Them
    Often done, but often done wrong, learn the ABC's of Reservation of Rights letters and what to put in them, as well as how to respond to them.

    Robert O. Lamb, Thompson, Coe, Cousins & Irons, L.L.P. - Dallas, TX

  • 11:00 am
    1.00 hr ethics
    What Clients Want
    Hear from an insurance broker, a major company senior counsel and a carrier in-house attorney about what they are looking for from their attorneys and how they approach coverage issues.

    Moderator:
    Stephen A. Melendi, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
    Panelists:
    Donald E. Bowles, McQueary Henry Bowles Troy LLP - Dallas, TX
    D. Christopher Heckman, Exxon Mobil Corporation - Irving, TX
    Kiera O'Connell Goral, XL Group - Dallas, TX

  • 12:00 pm
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Nov. 13, 2014
    Presiding Officer:
    Stephen A. Melendi, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
  • LUNCHEON PRESENTATION
  • Thank You to Our Sponsor
    Thompson, Coe, Cousins & Irons, LLP

  • 12:20 pm
    0.50 hr ethics
    Things Insurance Lawyers Need to Know
    An examination of the special problems and challenges of practicing insurance law, including how to be a better coverage lawyer, how to avoid becoming a fact witness, how to avoid becoming an adjuster and other traps.

    William J. Chriss, Law Office of William J. Chriss, P.C., Of Counsel to Gravely & Pearson, L.L.P. - Corpus Christi, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    Understanding the Texas Department of Insurance's Role
    Gain a better understanding of the TDI's role as an agency.

    Sara Waitt, Texas Department of Insurance - Austin, TX

  • 1:35 pm
    0.50 hr
    Environmental Claims: Old Battles, New Issues
    Discussion of the coverage battles that have historically existed in environmental claims and how the battlefields have shifted in the last few years. Particular emphasis is given to the impact of Don Building and Lennar on the current battles being fought in environmental cases.

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

  • 2:05 pm
    0.50 hr
    Why You Should Care About Gilbert, Ewing and Lennar Outside of the Construction Context
    Gilbert, Ewing and Lennar are landmark cases with respect to Texas construction defect insurance law; however, these cases are relevant to many different types of coverage and bad faith disputes. Gilbert seems to sanction an insurer requiring an insured to move for summary judgment on counts that will eliminate a defense obligation and Lennar takes the prejudice requirement to a new level.   

    Robert D. Allen, Law Offices of Robert D. Allen, PLLC - Dallas, TX

  • 2:35 pm
    Break

  • 2:45 pm
    0.75 hr
    How to Pick Your Battlefield
    An important preliminary consideration in any insurance coverage action or bad faith lawsuit is whether the action should be filed in state or federal court. Identify the strategies employed by both insurers and policyholders to secure, and protect, the most advantageous forum.

    J. James Cooper, Gardere Wynne Sewell LLP - Houston, TX
    Rhonda J. Thompson, Thompson, Coe, Cousins & Irons, LLP - Dallas, TX

  • 3:30 pm
    0.50 hr
    How to Make Mediation of Coverage Disputes Work Well Again
    Mediation has too often become more of an exercise rather than a help to settling cases. Hear some ideas from those on the front lines about how to make it useful once again.

    Moderator:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
    Panelists:
    Jeff Kichaven, Jeff Kichaven Commercial Mediation - Los Angeles, CA
    Paul J. Van Osselaer, Van Osselaer Dispute Resolution PLLC - Austin, TX

  • 4:00 pm
    1.00 hr
    What Judges Want
    A distinguished panel of judges share their thoughts and opinions on what it takes for attorneys to successfully present insurance cases to both the judiciary and the venire, with helpful tips on what works and what does not.

    Moderator:
    Lisa A. Songy, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
    Panelists:
    Hon. David C. Godbey, United States District Court - Dallas, TX
    Hon. Douglas S. Lang, Fifth Court of Appeals - Dallas, TX
    Hon. Jim R. Jordan, 160th Civil District Court - Dallas, TX
    Hon. T. King Fifer, Dallas County Court At Law No. 2 - Dallas, TX

  • 5:00 pm
    Reception
    Thank You to Our Sponsor

    Martin Disiere Jefferson & Wisdom

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Nov. 14, 2014
    Presiding Officer:
    Stephen A. Melendi, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
  • 7:30 am
    Conference Room Opens
    Includes continental breakfast.  

  • 8:45 am
    0.50 hr ethics
    The Bermuda Triangle in Texas: How to Navigate the Tripartite Relationship
    An overview of the who, what, where, when and how with regard to the tripartite relationship between an insurer, its insured, and the defense counsel, placing particular focus on the ethical dilemmas faced by the parties, and when the insured is entitled to the selection of independent counsel.

    Jes Alexander, Dickey's Barbecue Restaurants, Inc. - Dallas, TX

  • 9:15 am
    0.50 hr
    Pattern and Practice in Claims Handling
    Is a carrier's course of treatment of other claims for the same insured relevant? What if it is a different insured? Is there a new national trend developing?

    Michael W. Huddleston, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

  • 9:45 am
    0.50 hr
    Current Insurance Issues Arising Out of the Oil Patch
    A survey of recent, significant decisions construing Texas law across a broad array of oil patch claims including control of well, personal injury, business interruption, pollution, subrogation and additional insured status. 

    Claude L. Stuart III, Hall Maines Lugrin, P.C. - Houston, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    How to Deal with Additional Insured Issues
    Additional insured issues can present unique problems, ranging from choice-of-law, the interplay of the policy and the underlying agreement between two counter-parties, and "other insurance" clauses. Learn how to properly analyze these issues so you are prepared to deal with them when they arise.

    Ernest Martin Jr., Haynes and Boone, LLP - Dallas, TX

  • 11:00 am
    0.50 hr
    The Cobbler's Children Have No Shoes: Professional Lines Issues
    All too frequently, insurance coverage lawyers know little about their own E&O insurance policies. An exploration of E&O issues that every lawyer should know when submitting the application, evaluating available coverages and asserting a claim under the policy, including a review of disclosure and reporting issues, construction and application of "innocent insured" provisions, coverage for fee disputes, tail coverage, and various exclusions to coverage.

    Veronica Carmona Czuchna, Duggins Wren Mann & Romero, LLP - Austin, TX

  • 11:30 am
    0.75 hr
    Business Interruption and Time Element Coverage
    A primer on key business interruption and the time element coverage, along with a discussion of how to prepare a claim for these losses.

    Moderator:
    Beth D. Bradley, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
    Panelists:
    Peter Hagen, Hagen, Streiff, Newton & Oshiro Accountants, PC - Dallas, TX
    Nigel P. Henley, EY - Dallas, TX

  • 12:15 pm
    Pick Up Lunch
    Included in registration. 

  • Friday Afternoon, Nov. 14, 2014
    Presiding Officer:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
  • LUNCHEON PRESENTATION
  • Thank You to Our Sponsor
    Pillsbury Winthrop Shaw Pittman LLP

  • 12:35 pm
    1.00 hr
    Legal Writing in Plain English
    Designed for lawyers, judges, legal scholars, law students, and paralegals alike, this presentation focuses on sound writing advice and practical tools. The goal, in essence, is to teach straight-thinking by studying:
    • Principles applicable to all legal writing
    • Principles mainly for analytical and persuasive writing
    • Principles mainly for legal drafting
    • Principles of document design
    • Ways to continue improving your writing skills

    Bryan A. Garner, LawProse, Inc. - Dallas, TX

  • 1:35 pm
    Break

  • 1:50 pm
    0.50 hr
    Personal Lines Issues: Homeowners and Auto
    Review of leading edge cases in homeowners and auto insurance litigation.

    George L. Lankford, Martin Disiere Jefferson & Wisdom - Dallas, TX

  • 2:20 pm
    0.50 hr
    What is Bad Faith Today?
    An update on extracontractual claims under Chapters 541 and 542 and the common law duty to good faith and fair dealing, including the current state of the “independent injury rule”, adjuster liability, and recovery of attorney fees in absence of damages.

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

  • 2:50 pm
    0.50 hr
    Whose Agent Is It? Broker Liability Issues
    Insurance agent liability issues, including whether the retail agent is the agent for the insured or the insurer, with discussion of common claims and defenses.

    Thomas A. Culpepper, Thompson, Coe, Cousins & Irons, LLP - Dallas, TX

  • 3:20 pm
    0.75 hr
    Post-Lennar: What's Next?
    The post-Lennar world reveals several issues raised by settlements and/or judgments in connection with policy conditions, trigger, and allocation.

    Aaron Mitchell, Tollefson Bradley Mitchell & Melendi, LLP - Dallas, TX
    Lee H. Shidlofsky, Shidlofsky Law Firm PLLC - Austin, TX

  • 4:05 pm
    Adjourn

Conference Faculty

Jes Alexander

Dickey's Barbecue Restaurants, Inc.
Dallas, TX

Robert D. Allen

Law Offices of Robert D. Allen, PLLC
Dallas, TX

Steven J. Badger

Zelle Hofmann Voelbel & Mason LLP
Dallas, TX

Donald E. Bowles

McQueary Henry Bowles Troy LLP
Dallas, TX

Beth D. Bradley

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

William J. Chriss

Law Office of William J. Chriss, P.C., Of Counsel to Gravely & Pearson, L.L.P.
Corpus Christi, TX

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

R. Brent Cooper

Cooper & Scully, P.C.
Dallas, TX

Thomas A. Culpepper

Thompson, Coe, Cousins & Irons, LLP
Dallas, TX

Veronica Carmona Czuchna

Duggins Wren Mann & Romero, LLP
Austin, TX

Hon. T. King Fifer

Dallas County Court At Law No. 2
Dallas, TX

Bryan A. Garner

LawProse, Inc.
Dallas, TX

Hon. David C. Godbey

United States District Court
Dallas, TX

Peter Hagen

Hagen, Streiff, Newton & Oshiro Accountants, PC
Dallas, TX

D. Christopher Heckman

Exxon Mobil Corporation
Irving, TX

Nigel P. Henley

EY
Dallas, TX

Timothy M. Hoch

Hoch Law Firm, PC
Fort Worth, TX

Michael W. Huddleston

Munsch Hardt Kopf & Harr, P.C.
Dallas, TX

Hon. Jim R. Jordan

160th Civil District Court
Dallas, TX

Jeff Kichaven

Jeff Kichaven Commercial Mediation
Los Angeles, CA

Robert O. Lamb

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

Hon. Douglas S. Lang

Fifth Court of Appeals
Dallas, TX

George L. Lankford

Martin Disiere Jefferson & Wisdom
Dallas, TX

Ernest Martin Jr.

Haynes and Boone, LLP
Dallas, TX

Stephen A. Melendi

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

Aaron Mitchell

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

Vincent E. Morgan

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Kiera O'Connell Goral

XL Group
Dallas, TX

David J. Schubert

Schubert & Evans PC
Dallas, TX

Lee H. Shidlofsky

Shidlofsky Law Firm PLLC
Austin, TX

Lisa A. Songy

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

Claude L. Stuart III

Hall Maines Lugrin, P.C.
Houston, TX

Rhonda J. Thompson

Thompson, Coe, Cousins & Irons, LLP
Dallas, TX

David H. Timmins

Gardere Wynne Sewell LLP
Dallas, TX

Paul J. Van Osselaer

Van Osselaer Dispute Resolution PLLC
Austin, TX

Sara Waitt

Texas Department of Insurance
Austin, TX

Planning Committee

Stephen A. Melendi—Co-Chair

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

Vincent E. Morgan—Co-Chair

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Erika L. Bright

Wick Phillips
Dallas, TX

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Candace A. Ourso

Hall Maines Lugrin, P.C.
Houston, TX

Douglas P. Skelley

Shidlofsky Law Firm PLLC
Austin, TX

Lisa A. Songy

Tollefson Bradley Mitchell & Melendi, LLP
Dallas, TX

Rhonda J. Thompson

Thompson, Coe, Cousins & Irons, LLP
Dallas, TX

Brett Alan Wallingford

Zelle Hofmann Voelbel & Mason LLP
Dallas, TX

Stephen E. Walraven

Langley & Banack, Inc.
San Antonio, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
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

Dallas – Nov 13-14, 2014 – Cityplace Conference Center
Conference Concluded
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Dallas
Last day for Individual early registration: Nov 5, 2014

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Nov 5, 2014

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Nov 5, 2014

Add $50 for registrations received after this time

Last day for cancellation (full refund): Nov 7, 2014

$50 processing fee applied after this date

Last day for cancellation: Nov 10, 2014

Venue

speaker

2711 North Haskell Avenue
Dallas, TX
214.515.5100
Map

Parking Information

Complimentary parking.

Nearby Hotel Accommodations
speaker

3015 Oak Lawn Avenue
Dallas, TX 75219
214.521.5151 (reservations)
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