Insurance Coverage Litigation: Tools & Tactics for 2017
When coverage disputes arise in insurance and reinsurance transactions, the stakes for involved parties are high. Insurance coverage litigation often trigger other relevant claims such as insurance intermediary liability, charges of post claim underwriting and bad faith, and Consumer Protection Act violations.
Corporate counsel should have critical knowledge about the insurance industry and be well-versed with the coverage issues and legal landscape to be able to assess the risks and handle disputes when they arise. Effective litigation tools and tactics should also be devised through understanding of the latest developments in complex insurance coverage issues and their implications.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help insurance practitioners, corporate risk managers, and insurance claims professionals understand the fundamental aspects of this significant topic. Speakers will also offer best practices in developing and implementing effective Insurance Coverage Litigation Tools & Tactics.
Key topics include:
- Insurance Coverage Law – Overview
- Insurance Coverage Litigation Trends
- Coverage Issues and Implications
- Notable Cases
- Best Litigation Tools & Tactics
John Nonna, Partner
Squire Patton Boggs
- The duty to defend versus the duty to indemnify-the important distinction
- Claims made versus occurrence policies—the key differences
- Coverage grants—the CGL policy; Professional liability policies; specialized policies
- Trigger of coverage and allocation of losses—important recent cases in the area of mass torts and long term liability
Michael D. Brown, Founding Partner
Ohrenstein & Brown, LLP
- Determining Whether to Rescind, Decline or Reserve Rights
- Forum Selection for Declaratory Actions and Its Effects
- Choice of Law
- Jurisdiction and Venue
- State v. Federal
- Subjective v. Objective Tests and How They Can Effect a Declaratory Judgment Action
- Application Questions and Interpretations
- Subjective v. Objective Questions
- Subjective Tests Are Unlikely to Succeed on Summary Judgment
- Objective Tests Will Likely Require Experts on Standard
Michael W. Huddleston, Shareholder
Munsch Hardt Kopf & Harr, P.C.
Who Should Attend:
- Insurance Litigation Lawyers
- Corporate Managers
- Business Owners
- In-House Counsel
- Risk and Compliance Managers
- Senior Officers from Insurance Companies
- Insurance Procurement and Payment Managers
- Other Interested Professionals
John Nonna litigates complex commercial disputes, particularly those involving insurance and reinsurance, involving a range of business matters. John is particularly well-known for his work in complex insurance and reinsurance disputes and he has handled several of the largest reinsurance arbitrations on record.
As a litigator, John is known for his innovative approaches to complex cases. He has tried jury and non-jury cases in the areas of accountants’ malpractice, fraud, breach of fiduciary duty, breaches of warranties and representations, employment discrimination, distributorship agreements, stock and asset purchase agreements, and M&A disputes.
John is a Fellow of the American College of Trial lawyers. He has lectured at numerous conferences on topics including trial practice, arbitration and mediation, insurance and reinsurance coverage, commercial torts and the attorney-client privilege.
John served as Mayor of Pleasantville, New York and as a Westchester County Legislator where he chaired the Legislation Committee.
John Nonna litigates complex commercial disputes, particularly those involving insurance and reinsurance, involving a range of business matters. John is …
Michael D. Brown is a founding partner of Ohrenstein & Brown, LLP, whose practice areas span the litigation and the corporate and insurance regulatory arenas. An accomplished litigator and counselor, Mike began his career at Weil, Gotshal & Manges and then became a senior trial attorney and Deputy Bureau Chief in the Office of the Special State Prosecutor for Corruption in New York City’s Criminal Justice System. Mike is a frequent lecturer for many organizations and has spoken on a variety of topics including litigation management techniques, insurance coverage issues, the defense of a variety of professional liability and Directors & Officers claims, the attorney-client privilege and the regulatory aspects of self-insurance and captive insurance programs.
Mike has frequently been called upon to litigate significant and unusual cases in many states throughout the country. Mike represented a large satellite operator in a “life insurance” claim when several satellites suffered “shortened lives” due to manufacturing and design defects. When an insurer and one of the nation’s largest banks had a dispute over the meaning of a unique insurance policy involving hundreds of millions of dollars, Mike was asked to defend the insurer in North Carolina. Mike has also represented major hospitals in disputes with HMOs and is also an experienced commercial and employment practice litigator.
Michael D. Brown is a founding partner of Ohrenstein & Brown, LLP, whose practice areas span the litigation and the …
Mike W. Huddleston is a Shareholder in the Litigation section and leads the Insurance and Risk Management special industry group, within the Dallas office of Munsch Hardt. Mike's practice focuses on commercial insurance, risk management and appeals. He routinely represents corporate and professional policyholders and assists claimants in insurance recovery involving commercial insurance, including aviation, first and third-party representation, commercial property, D O, general liability, professional liability, reinsurance, fidelity, etc. He is often called upon to assist in the management of large scale litigation, including the handling of insurance, litigation and appellate issues.
Mike also works closely with transactional and corporate counsel in the review and drafting of risk management provisions regarding insurance and indemnity in a wide variety of commercial agreements, including commercial real estate contracts and leases, agreements with municipalities, construction contracts, and other service contracts. He has also assessed insurance and liability exposures in connection with mergers and acquisitions.
Mike W. Huddleston is a Shareholder in the Litigation section and leads the Insurance and Risk Management special industry group, …
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NASBA Field of Study:
Business Law - Technical
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About Squire Patton Boggs
Squire Patton Boggs is a full-service global law firm providing insight at the point where law, business and government meet, giving clients a voice, supporting their ambitions, and achieving successful outcomes. Squire Patton Boggs’ multidisciplinary team of more than 1,500 lawyers in 46 offices across 21 countries provides unrivaled access to expertise and invaluable connections on the ground. It is a seamless service that operates on any scale – locally or globally, encompassing virtually every matter, jurisdiction, and market.
About Ohrenstein & Brown, LLP
Ohrenstein & Brown, LLP was formed by Manfred Ohrenstein, then Democratic leader of the New York State Senate, and Michael Brown in 1983. As a “boutique” law firm specializing in commercial and insurance related litigation for insurers, brokers and insureds, O&B combines “big firm” experience with the advantages of “smaller firm” economics to serve their clients’ needs for both effective and cost-effective representation.
The Firm’s success is evidenced by the diversity of its clients – not just in the New York Metropolitan Area, where its offices are located, but in more than a dozen states in various regions of the country. The Firm has served the litigation needs of all segments of the insurance industry, including insureds. We have litigated on behalf of publicly held technology companies engaged in “turn around” and “work out” efforts, hospitals and groups of hospitals in a broad range of litigated disputes, and for a number of smaller companies and entrepreneurial ventures.
About Munsch Hardt Kopf & Harr, P.C.
Munsch Hardt Kopf & Harr, P.C., is a Texas-based, mid-sized commercial law firm with 120 attorneys in Dallas, Houston and Austin. From corporate transactions to dispute resolution, Munsch Hardt provides wide-ranging legal expertise to its clients, navigating each step with in-depth knowledge and responsive action. Munsch Hardt attorneys are known for having large law firm backgrounds and providing clients with a personal and focused approach at a price point that makes sense within the Texas Legal Market.