University of Texas School of Law
19th Annual
Insurance Law Institute
Dallas Nov 13-14, 2014 Cityplace Conference Center
Conference Concluded
Related products:       eConferences       Complete Conference Materials

EVENT SPONSORS
Martin Disiere Jefferson & Wisdom
Pillsbury Winthrop Shaw Pittman LLP
Thompson, Coe, Cousins & Irons, LLP
Zelle Hofmann Voelbel & Mason LLP

SPONSORS
Cooper & Scully, P.C.
Hall Maines Lugrin, P.C.
Hanna & Plaut, LLP
Munsch Hardt Kopf & Harr, P.C.
Nelson Forensics
Tollefson Bradley Mitchell & Melendi, LLP

UT Law CLE

2014 Insurance Law Institute

Program Features
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

UT Law CLE

2014 Insurance Law Institute

6/20/19
Schedule

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

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

UT Law CLE

2014 Insurance Law Institute

Faculty

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

Vincent E. Morgan—Co-Chair
Pillsbury Winthrop Shaw Pittman LLP
Houston, TX
Stephen A. Melendi—Co-Chair
Tollefson Bradley Mitchell & Melendi, LLP
Dallas, 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

UT Law CLE

2014 Insurance Law Institute

Credit Information

MCLE Credit

Texas
13.75 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Consumer and Commercial Law, Personal Injury Trial Law
Additional Information
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.  
California
13.75 hrs  |  2.00 hrs Ethics
Additional Information
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.  
Oklahoma
16.50 hrs  |  2.50 hrs Ethics
Additional Information
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.
Other States
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

TX Accounting CPE
16.50 hrs
Additional Information
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.  
TX Insurance
Additional Information
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
 

UT Law CLE

2014 Insurance Law Institute

Key Dates

Dallas

  • Last day for Individual early registration: Nov 5, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 7, 2014
  • Last day for cancellation (partial refund): Nov 10, 2014
    $50 processing fee applied

UT Law CLE

2014 Insurance Law Institute

Hotel / Venue

UT Law CLE

2014 Insurance Law Institute

Sponsors