Property and Casualty Insurance Law 2022

What You Will Learn

Upon completion of this course, participants will be able to:

• Argue either side of a first party or third party claim dispute: insurers and policyholders
• Know what building construction issues and upgrades are or are not covered under certain policies based on insurers’ positions under state and federal laws
• Understand risk surrounding climate-related and other disclosures in companies’ ESG reports
• Analyze the SEC’s proposed new climate-related disclosure regulations, if adopted, on Directors and Officers (D&O) coverage
• Resolve disagreements over deductibles and sublimits for catastrophe coverages
• Contest or defend claims for opioid-related “injury”
• Prepare and defend against arguments that the Erie doctrine is relevant to COVID-19-related business interruption insurance coverage litigation
• Determine appropriate forum for P&C coverage disputes

Special Features:

• New 2022 Insurance Law program
• Hear attorneys on the insurer and policyholder sides, as well as brokers and academics, address trends in the P&C area.
• Hear directly from the architect of the COVID-19 Coverage Litigation Tracker Database, Prof. Tom Baker, on how to properly utilize this nationally lauded tool
• Receive original written materials and practice samples from the faculty

Program Level: Intermediate

Prerequisites: Attendees should have some familiarity with commercial property and casualty coverage concepts, including business interruption, catastrophe definitions, and COVID-19-related losses

Advanced Prep: None

Intended Audience: Insurance law and general business law practitioners, in-house corporate counsel, insurance regulators including state commissioners, coverage counsel, claims counsel, and insurance plaintiff and defense litigators   

Segments with an asterisk (*) are available only with the purchase of the entire program.

• Opening Remarks and Introduction* [00:05:21]
  Scott D. Greenspan, Sandra D. Hauser
• State of the Property & Casualty Insurance Market [01:04:42]
  Robin Cohen, Stephen D. Fraser, Keith M. Moskowitz
• Rethinking Insurance Programs: Climate Change Issues [01:02:33]
  Robert J. Gilbert, Elizabeth M. Sacksteder, Janine M. Stanisz, Miranda H. Turner
• Opioids: Coverage, Claims and What the Courts Say [01:07:26]
  Sarah D. Gordon, Andrew S. Nadolna, Christopher J. St. Jeanos, Jeffrey L. Schulman
• COVID-19 Business Interruption Litigation Outcomes [01:22:53]
  Prof. Tom Baker, Rob M. Hoffman, Michael S. Levine, Linda D. Kornfeld, Maaren A. Shah
• Environmental Insurance: Business Interruption Coverage and Claims [01:02:02]
  John N. Ellison, James (Jim) M. Davis, Patrick F. Hofer, Summer Craig
• Coverages for Construction Defects and Building Code Upgrades [01:03:51]
  Marshall Gilinsky, Rani Gupta, Jonathan R. MacBride

The purchase price of this Web Program includes the following articles from the Course Handbook available online:

• Complete Course Handbook
• State of the Property & Casualty Insurance Market, Summary of Resources
  Keith Moskowitz
• Rethinking Insurance Programs: Climate Change Issues
  Robert J. Gilbert
• Paul Weiss, A Guide to the SEC’s Proposed Climate Disclosure Requirements (April 2022)
  Elizabeth M. Sacksteder
• Tapestry, Inc. v. Factory Mutual Insurance Company, Briefs on Certified Question from the U.S. District Court for the District of Maryland to Maryland Court of Appeals Misc. No. 1, September Term (2022)
  Janine M. Stanisz
• Christopher J. St. Jeanos, James Fitzmaurice and Diana Curtis, Insurance Coverage Issues Arising in Connection with the Opioid Crisis
  Christopher J. St. Jeanos
• COVID Business Interruption Coverage Litigation 2.5 Years In (August 30, 2022)
  Tom Baker
• Decision Affirming Dismissal of Claims, Circus Circus LV v. AIG Specialty Insurance Co., No. 21-15367 (9th Cir. 2022)
  Sandra D. Hauser
• Order Granting in Part and Denying in Part Plaintiff’s Motion for Partial Summary Judgment and Denying Defendant’s Motion for Partial Summary Judgment, Sunstone Hotel Investors, Inc. v. Endurance Amer. Specialty Ins. Co., No. 8:20-cv-02185 (C.D. Cal. 2022)
  James (Jim) M. Davis
• Petition for a Writ of Certiorari, Aspen Insurance (UK) Ltd. v. Black & Veatch Corp., No. 17-1662 (2018)
• Opposition to Petition a Writ of Certiorari, Aspen Insurance, Aspen Insurance (UK) Ltd. v. Black & Veatch Corp., No. 17-1662 (2018)
• Decision and Order, Sanderson v. First Liberty Ins. Corp., 2019 WL 2009332 (N.D.N.Y. May 7, 2019)
• Opinion, Cincinnati Insurance Co. v. Rymer Companies, LLC, 41 F.4th 1026 (8th Cir. 2022)

Presentation Material

• Segment PowerPoint - Rethinking Insurance Programs: Climate Change Issues
  Robert J. Gilbert, Elizabeth M. Sacksteder, Janine M. Stanisz, Miranda H. Turner
• Segment PowerPoint - Opioids: Coverage, Claims and What the Courts Say
  Sarah D. Gordon, Andrew S. Nadolna, Jeffrey L. Schulman, Christopher J. St. Jeanos
• Segment PowerPoint - COVID-19 Business Interruption Litigation Outcomes
  Prof. Tom Baker
• Handout - Memorandum - Current Status of Covid-Related Insurance Litigation in State and Federal Appellate Courts
  Prof. Tom Baker
• Segment PowerPoint #1 - Environmental Insurance: Business Interruption Coverage and Claims
  Patrick F. Hofer
• Segment PowerPoint # 2 - Environmental Insurance: Business Interruption Coverage and Claims
  John N. Ellison
• Segment PowerPoint #3 - Environmental Insurance: Business Interruption Coverage and Claims
  Summer Craig
• Segment PowerPoint #1- Coverages for Construction Defects and Building Code Upgrades
  Marshall Gilinsky
• Segment PowerPoint #2- Coverages for Construction Defects and Building Code Upgrades
  Rani Gupta, Jonathan R. MacBride

Why You Should Attend

The Property & Casualty Insurance (P&C) market has expanded exponentially over the past 15 years with no sign of slowing down. From catastrophic hurricanes, severe California wildfires, and climate change - to the global pandemic and nationwide opioid epidemic -- the risks posed to insurers, and corporations’ demand for property and casualty insurance (P&C) coverages, are set to outpace other large markets by historic margins.  Then, despite the legal industry’s preparation for the inevitable disputes on P&C coverage issues, practitioners are navigating their clients through new territory as courts and regulators address policy provisions. Further, both insurers and insured are exploring how and to what extent insurance products can address emerging risks, including fighting out battles in court.

This new program on Property & Casualty Insurance will provide invaluable perspectives and skills-based instruction for those representing both policyholders and insurers, as well as other stakeholders. Our faculty will draw upon their extensive experience advising clients on trends in insurance law and emerging risks.  Attendees will hear first-hand perspectives on how and to what extent insurance products respond to risk and on interpreting key policy provisions, including term definitions, deductible requirements, and applicable scopes of coverage. 

Moreover, attendees will sharpen their skills in providing strategic advice as well as successfully representing clients in this increasingly complex area of litigation.  In addition to tensions in regulatory and public policy approaches to liability insurance, policyholders claim that federal jurisprudence is at odds with certain state appellate decisions in COVID-19 claims – while insurers vehemently disagree. Successful attorneys must not only be well-versed in insurance products, but we must also be equipped to navigate forum issues, as well as to address arguments regarding the applicability of state v. federal procedural and substantive law under the Erie doctrine and other long-standing precedent.

Join Program Chairs Scott Greenspan of Pillsbury Winthrop Shaw Pittman and Sandra Hauser of Dentons, together with an incomparable faculty composed of some of the top practitioners in the country representing policyholders and insurers, senior executives from leading insurance brokers and insurers, and renowned insurance academics and mediators, for this timely course on P&C Insurance legal practice while earning a full day of CLE credits. 

What You Will Learn

Upon completion of this course, participants will be able to:

• Argue either side of a first party or third party claim dispute: insurers and policyholders
• Know what building construction issues and upgrades are or are not covered under certain policies based on insurers’ positions under state and federal laws
• Understand risk surrounding climate-related and other disclosures in companies’ ESG reports
• Analyze the SEC’s proposed new climate-related disclosure regulations, if adopted, on Directors and Officers (D&O) coverage
• Resolve disagreements over deductibles and sublimits for catastrophe coverages
• Contest or defend claims for opioid-related “injury”
• Prepare and defend against arguments that the Erie doctrine is relevant to COVID-19-related business interruption insurance coverage litigation
• Determine appropriate forum for P&C coverage disputes

Who Should Attend

In-house counsel responsible for insurance policy placements, attorneys negotiating risk allocation in corporate transactions, commercial litigators, and major coverage and claims counsel will benefit from this program.

Special Features:

• New 2022 Insurance Law program
• Hear attorneys on the insurer and policyholder sides, as well as brokers and academics, address trends in the P&C area.
• Hear directly from the architect of the COVID-19 Coverage Litigation Tracker Database, Prof. Tom Baker, on how to properly utilize this nationally lauded tool
• Receive original written materials and practice samples from the faculty

Program Level: Intermediate

Prerequisites: Attendees should have some familiarity with commercial property and casualty coverage concepts, including business interruption, catastrophe definitions, and COVID-19-related losses

Advanced Prep: None

Intended Audience: Insurance law and general business law practitioners, in-house corporate counsel, insurance regulators including state commissioners, coverage counsel, claims counsel, and insurance plaintiff and defense litigators