Insurance Coverage Litigation: 2018 Trends and Developments
Hear from a distinguished panel of insurance and appellate practitioners and accomplished litigators and counselors assembled by The Knowledge Group as they bring the audience to the roads of nuances involving Insurance Coverage Litigation and provide an in-depth analysis of the current trends, recent court rulings, and important developments of insurance law in 2018. Speakers will also present cutting-edge and practical strategies in bringing the best out of the most litigated policies while minimizing liability and reconciling differing interests between policyholders and insurers.
- Insurance Coverage Law – Overview
- Insurance Coverage Litigation Trends
- Coverage Issues and Implications
- Defense and Settlement Strategies
- Additional Insureds
- Notable Cases
- Emerging Coverage Areas
- Best Litigation Tools & Tactics
Michael D. Brown, Founding Partner
Ohrenstein & Brown, LLP
- 2017 NY Court of Appeals Coverage Case Update
- Lend Lease (US) Const. LMB Inc. v. Zurich American Ins. Co., 49 N.Y.S.3d 65 (2017)
- Burlington Ins. Co. v. NYC Transit Authority. 29 N.Y.S.3d 85 (2017)
- Cyber Liability – What is covered? Do you need a specific cyber policy? Is that enough to cover all cyber threats? Crime policy? Recent case law.
- Fee shifting – Mighty Midgets revisited, is it still the standard? What about insurers’ right to recoup defense fees after successful disclaimer?
Jeff Bowen, Partner
Perkins Coie LLP
- Coverage for affirmative counterclaims: the potential impact of the recent decision by the Massachusetts high court and how it compares to rulings in other jurisdictions
- Negligent supervision and negligent hiring in sexual abuse cases: coverage issues under general liability policies and the potential impact of the questions certified to the California Supreme Court
- Specificity in reservation of rights letters: Harleysville Group Insurance v. Heritage Group Communities and similar cases
- Xia v. ProBuilders Specialty Insurance Co. and the relationship between coverage for negligence and an absolute pollution exclusion
Who Should Attend:
- Insurance Claims Professionals
- Insurance and Reinsurance Practitioners
- Insurance Brokers
- Legal Counsel and Consultants
- Risk Managers
- Senior Officers from Insurance Companies
- Insurance Procurement and Payment Managers
- Other Interested Professionals
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 …
Jeff Bowen is a partner in the Insurance Recovery Litigation group of at Perkins Coie LLP. He has represented a wide range of clients in commercial litigation and insurance matters, and his practice focuses on representing large public and private companies, as well as their directors and officers, in disputes with insurance carriers. He has also represented nonprofit institutions, religious organizations and others regarding issues of lost policies and coverage for events occurring long ago, including environmental damage and negligent supervision of former employees. Additionally, Jeff advises policyholders on a wide range of insurance coverage issues, particularly in connection with directors and officers, errors & omissions, general liability and cyber insurance policies, as well as indemnification issues in complex commercial transactions. In his pro bono practice, Jeff represents clients in immigration, voting rights and civil rights matters. He is an adjunct professor at the University of Wisconsin, Madison Law School.
Jeff Bowen is a partner in the Insurance Recovery Litigation group of at Perkins Coie LLP. He has represented a …
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Method of Presentation:
Experience in Insurance Law and Litigation
NY Category of CLE Credit:
Areas of Professional Practice
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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 Perkins Coie LLP
With more than 1,000 lawyers in 19 offices across the United States and Asia, Perkins Coie LLP represents great companies across a wide range of industries and stages of growth—from startups to FORTUNE 500 corporations. Perkins Coie’s litigators have extensive experience in state and federal jurisdictions and at every appellate level including the U.S. Supreme Court. The group includes 17 Fellows in the American College of Trial Lawyers. It has a well-deserved reputation for business-minded and client-centric approaches to litigation. Whether the objective is immediate injunctive relief, timely resolution of a business dispute, private arbitration, or victory at trial, the client’s objective drives our strategy. Litigators counsel clients in a range of areas, from antitrust and unfair competition, to privacy, patent litigation, complex secured transactions, product liability, class action defense, insurance, securities, white collar and more.