2021 Virtual Insurance Coverage Litigation Committee CLE Seminar - PROGRAM GUIDE March 3 5, 11 12, 18 19, 2021

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2021 Virtual Insurance Coverage Litigation Committee CLE Seminar - PROGRAM GUIDE March 3 5, 11 12, 18 19, 2021
ABA Litigation Section

2021 Virtual Insurance
Coverage Litigation
Committee CLE Seminar
March 3−5, 11−12, 18−19, 2021
PROGRAM GUIDE

ambar.org/litigationinsurance
#LitigationInsurance
2021 Virtual Insurance Coverage Litigation Committee CLE Seminar - PROGRAM GUIDE March 3 5, 11 12, 18 19, 2021
SCHEDULE
                               Week One
Time                    CLE   Event
Wednesday, March 3, 2021
1:45 PM – 2:00 PM ET          Opening Remarks
2:00 PM – 3:15 PM ET    CLE   Plenary: COVID-19 Litigation Roundup: Swabbing the
                              Decks, Courts, and Noses
3:30 PM – 4:30 PM ET          We Wish We Were in Tucson, but Here We Are                  Join Event
                              Welcome Reception
Thursday, March 4, 2021
2:00 PM – 3:15 PM ET    CLE   Plenary: Removal & Remand: New Developments and
                              Favorite Strategies to Secure and Protect the Most
                              Advantageous Forum for Coverage Disputes
3:30 PM – 4:30 PM ET    CLE   Breakout: You’ve Got to Know When to Hold ‘Em...and
                              When to Fold ‘Em: Examining an Insurer’s Duty to Settle
                        CLE   Breakout: Using Insurance Assets to Resolve Mass
                              Tort Claims in Bankruptcy: Key Issues Facing Debtors,
                              Insurers, and Claimants
                        CLE   Breakout: The Future of Directors & Officers Insurance
                              Coverage
Friday, March 5, 2021
2:00 PM – 3:15 PM ET    CLE   Plenary: Perspectives on Virtual Proceedings: ADR &
                              Claims Resolution in a COVID-19 World
3:30 PM – 4:30 PM ET    CLE   Breakout: Claims Collaboration, Negotiation, and
                              Sometimes, Litigation: A Liability Claims Toolkit for
                              Young (and Experienced) Lawyers
                        CLE   Breakout: Covered or Not? An Interactive Look at
                              Policy Interpretation "Tricks of the Trade"
                        CLE   Breakout: Coverage for Ransomware: The Sky Really
                              Is Falling

                               Week Two
Thursday, March 11, 2021
2:00 PM – 3:15 PM ET    CLE   Plenary: Virtual Trials, Depositions, and Hearings in the
                              Insurance Coverage Arena and Beyond
3:30 PM – 4:30 PM ET    CLE   Breakout: Insurance Coverage for COVID-19 Losses:
                              Where We've Been and Where We're Headed
                        CLE   Breakout: Understanding Concurrent Causation and
                              Efficient Proximate Cause
                        CLE   Breakout: Insurers' Occasional Duty to Defend
                              Offensively
4:45 PM – 5:45 PM ET          How to Taste Wines Like a Pro Networking Reception          Join Event
                                                                                                       2
2021 Virtual Insurance Coverage Litigation Committee CLE Seminar - PROGRAM GUIDE March 3 5, 11 12, 18 19, 2021
SCHEDULE
Time                       CLE       Event
Friday, March 12, 2021
2:00 PM – 3:15 PM ET       CLE       Plenary: Pursuing Racial Justice, Diversity, and
                                     Inclusion in the Insurance Industry
3:30 PM – 4:30 PM ET       CLE       Breakout: From Toilet Paper to Lost Earnings: A
                                     Pandemic Paradigm Shift
                           CLE       Breakout: Bearing the Costs Associated with
                                     Sex Trafficking
                           CLE       Breakout: Insurance for Autonomous Vehicles:
                                     Who Will Drive Those Risks?

                                    Week Three
Thursday, March 18, 2021
2:00 PM – 3:15 PM ET       CLE       Plenary: Peaceful Protests or Violent Disturbances:
                                     Insurance Coverage in Times of Social Unrest
3:30 PM – 4:30 PM ET     Wellness    Breakout: Thrive and Be Alive: Avoiding the Lawyer
                           CLE       Zombie Apocalypse
                           CLE       Breakout: Clear as Mud: Breaking Down the
                                     Complexities of What Constitutes Property Damage
                                     in Construction Cases
                           CLE       Breakout: Tailoring Policy Terms and Warranties in
                                     a "Hard" Market
4:45 PM – 5:45 PM ET                 Pandemic Games: May the Odds Be in Your Favor         Virtual
                                     Farewell Reception                                    Lobby

Friday, March 19, 2021
2:00 PM – 3:15 PM ET      Ethics     Plenary: "Changing Sides!": Disqualification, ABA
                           CLE       Model Rule 1.9(a), and the Courts
3:30 PM – 4:30 PM ET       CLE       Breakout: Sweatpants and a Button-Down: The
                                     Insurance Dynamics of Remote and Restricted
                                     Workplaces
                           CLE       Breakout: What's an "Occurrence" Today?
                           CLE       Breakout: The Floor Is Lava! Insurer Bad Faith in
                                     Residential Environmental Claims

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2021 Virtual Insurance Coverage Litigation Committee CLE Seminar - PROGRAM GUIDE March 3 5, 11 12, 18 19, 2021
PROGRAMS
                                                Week One
Wednesday, March 3, 2021
Plenary: COVID-19 Litigation Roundup: Swabbing the Decks, Courts, and Noses
2:00 PM – 3:15 PM ET | General CLE
The panel will give an overview of the myriad of COVID-19 business interruption litigation with a focus
on the major pending cases and decisions. Panelists will dive into the arguments being advanced by both
sides, dissecting the core strengths and weaknesses of each.
Moderator: Michael S. Levine, Hunton Andrews Kurth LLP, Washington, D.C.
Panelists: Karin Scherner Aldama, Perkins Coie LLP, Phoenix, AZ; Tim Burns, Burns Bowen Bair LLP,
Madison, WI; Demetrius E. Rush, Zurich American Insurance Company, Schaumburg, IL; Joyce C. Wang,
Carlson Calladine & Peterson LLP, San Francisco, CA

Thursday, March 4, 2021
Plenary: Removal & Remand: New Developments and Favorite Strategies to Secure
and Protect the Most Advantageous Forum for Coverage Disputes
2:00 PM – 3:15 PM ET | General CLE
Sun Tzu famously advised, "Every battle is won or lost before it's ever fought." Likewise, the outcome of
an insurance dispute may depend on whether it is litigated in a state or federal court. Learn about new
developments impacting removals of coverage cases to federal court (and remanding them back to state
court), and strategies employed by insurers and policyholders to secure, and protect, their preferred forum.
Moderator: Anthony B. Leuin, Shartsis Friese LLP, San Francisco, CA
Panelists: Hon. Nancy F. Atlas, U.S. District Court for the Southern District of Texas, Houston, TX;
Mary E. Borja, Wiley Rein LLP, Washington, D.C.; J. James Cooper, Reed Smith LLP, Houston, TX

Breakout: You’ve Got to Know When to Hold ‘Em...and When to Fold ‘Em: Examining an
Insurer’s Duty to Settle
3:30 PM – 4:30 PM ET | General CLE
The question of whether an insurer has a duty to settle its insured out of litigation when a demand is made
within policy limits has existed since the inception of liability insurance, but courts continue to wrestle with
this question to this day. This panel will examine the current state of the law nationwide on an insurer's
duty to settle, as well as the circumstances under which an insurer can be liable for bad faith for declining a
settlement within policy limits.
Moderator: Peter J. Georgiton, Dinsmore & Shohl LLP, Columbus, OH
Panelists: Courtney E. Alvarez, Lowenstein Sandler LLP, Washington, D.C.; Kristin Davis, Thompson HD,
Washington, D.C.; Kathryn Maynard Guinn, Dentons, Denver, CO

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PROGRAMS
Thursday, March 4, 2021 (Continued)
Breakout: Using Insurance Assets to Resolve Mass Tort Claims in Bankruptcy: Key
Issues Facing Debtors, Insurers, and Claimants
3:30 PM – 4:30 PM ET | General CLE
This presentation will discuss the key insurance issues that can arise with regard to the resolution of
mass tort liabilities in the bankruptcy system. Topics will include: the use of trusts to compensate victims
of mass toxic torts, valuation of liabilities and legacy insurance assets, disputes over ownership of legacy
insurance assets, and the use of adversary proceedings to resolve insurance issues.
Moderator: Seth D. Lamden, Neal Gerber & Eisenberg LLP, Chicago, IL
Panelists: Elizabeth Hanke, KCIC, Washington, D.C.; Kimberly A. Posin, Latham & Watkins LLP,
Los Angeles, CA; Kami E. Quinn, Gilbert LLP, Washington, D.C.; Tacie H.Yoon, Crowell & Moring LLP,
Washington, D.C.

Breakout: The Future of Directors & Officers Insurance Coverage
3:30 PM – 4:30 PM ET | General CLE
This panel will address new and emerging issues in connection with D&O insurance. Recent issues—
including COVID-19 and the #MeToo movement—have reshaped the liability landscape for directors and
officers which, in turn, has had a major impact on the scope of coverage litigation.
Moderator: Theresa A. Guertin, Saxe Doernberger & Vita PC, Trumbull, CT
Panelists: Kevin M. LaCroix, RT ProExec, Beachwood, OH; Nirali V. Shah, Willis Towers Watson,
New York, NY; David H. Topol, Wiley Rein LLP, Washington, D.C.

Friday, March 5, 2021
Plenary: Perspectives on Virtual Proceedings: ADR & Claims Resolution in a
COVID-19 World
2:00 PM – 3:15 PM ET | General CLE
Based on recent experiences, this panel will provide diverse perspectives on virtual claims resolution and
ADR proceedings, as well as a look forward at potential lasting impacts of virtual media and thoughts
on how to maximize the potential for successful resolution of complex insurance coverage disputes in a
virtual world.
Moderator: Cassandra S. Franklin, JAMS, Los Angeles, CA
Panelists: Albert K. Alikin, Goldberg Segalla LLP, Los Angeles, CA; Jill Dalton, Aon, New York, NY;
Lorrie Leonard, Allianz Global Corporate & Specialty, Chicago, IL; Erica Villanueva, Farella Braun +
Martel LLP, San Francisco, CA

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PROGRAMS
Friday, March 5, 2021 (Continued)
Breakout: Claims Collaboration, Negotiation, and Sometimes, Litigation: A Liability
Claims Toolkit for Young (and Experienced) Lawyers
3:30 PM – 4:30 PM ET | General CLE
This program will teach young (and experienced) coverage lawyers how to avoid the minefields of liability
claims. Panelists will cover best practices from notice of claim through settlement, judgment, or appeal of
the underlying claim; tension points in the claims process and how to avoid them; hot topics in coverage
litigation; and key takeaways to ensure client success.
Moderator: Amy Levine Heiserman, Quarles & Brady LLP, Phoenix, AZ
Panelists: Tammy Chang, Atheria Law PC, San Francisco, CA; Andrea DeField, Hunton Andrews Kurth
LLP, Miami, FL; Erica J. Kerstein, Robinson & Cole LLP, New York, NY; Jennifer L. Odrobina, Sompo
International, New York, NY
Breakout: Covered or Not? An Interactive Look at Policy Interpretation
"Tricks of the Trade"
3:30 PM – 4:30 PM ET | General CLE
This interactive audience participation panel will debate the rules of insurance policy construction
and how they should be applied for logical and consistent results. Contra proferentem, reasonable
expectations, illusory coverage, "innocent" insureds, ejusdem generis, mend the hold, and other rules will
be used to answer the question: Covered or not?
Moderator: Alicia M. Santos, O'Brien & Padilla PC, Albuquerque, NM
Panelists: Gregory M. Gotwald, Plews Schadley Racher & Braun LLP, Indianapolis, IN;
Christine Kroupa, Gordon Rees Scully Mansukhani LLP, Denver, CO; Paul Walker-Bright, Neal Gerber
& Eisenberg LLP, Chicago, IL

Breakout: Coverage for Ransomware: The Sky Really Is Falling
3:30 PM – 4:30 PM ET | General CLE
With reports that ransomware attacks are multiplying exponentially, and the amount of ransom demands
doubling in 2020 compared to 2019, the coverage questions have gotten more complicated and have
become disputed more regularly. This panel will discuss the elements of loss that arise, the coverages
that might (or might not) apply, and the hot button issues for policyholders and carriers. Get perspectives
from a former FBI assistant director who now is a cybersecurity consultant, an insurance broker who
focuses on cyber risks, coverage and monitoring counsel for London market and US carriers, and a
policyholder lawyer who has been described as "the Godfather" of cyberinsurance.
Moderator: Scott N. Godes, Barnes & Thornburg LLP, Washington, D.C.
Panelists: Christopher "Todd" Doss, Ankura, Washington, D.C.; Stanton Gatewood, CyberSec
Consultant & Advisor, Dacula, GA; Joni F. Mason, USI Insurance Services, New York, NY;
Jennifer W. Wolak, Fields Howell LLP, Atlanta, GA

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PROGRAMS
                                              Week Two
Thursday, March 11, 2021
Plenary: Virtual Trials, Depositions, and Hearings in the Insurance Coverage Arena
and Beyond
2:00 PM – 3:15 PM ET | General CLE
This panel of highly respected trial lawyers, an expert, and federal and state court judges will provide
insight and recommended practices for techniques, technology, and planning for coverage disputes in
virtual court and litigation settings.
Moderator: Beth L. Kaufman, Schoeman Updike Kaufman & Gerber LLP, New York, NY
Panelists: Hon. Victor A. Bolden, U.S. District Court for the District of Connecticut, Bridgeport, CT;
Joao dos Santos, Ankura, Los Angeles, CA; Laura Foggan, Crowell & Moring LLP, Washington, D.C.;
Hon. Emily Miskel, 470th District Court, McKinney, TX

Breakout: Insurance Coverage for COVID-19 Losses: Where We've Been and Where
We're Headed
3:30 PM – 4:30 PM ET | General CLE
COVID-19 has already caused worldwide disruption—including widespread illness, deaths, cancellations,
and closures. The human and economic impact of COVID-19 has been enormous. Experts in the field will
discuss insurance coverage issues which have emerged from injury, financial losses, and other damages
caused by COVID-19, as well as how some policyholders are approaching new funding markets to finance
their litigation.
Moderator: John B. Mumford, Jr., Hancock Daniel & Johnson PC, Richmond, VA
Panelists: Fiona A. Chaney, Omni Bridgeway, Los Angeles, CA; Ernest Martin, Jr., Haynes and Boone
LLP, Dallas, TX; Lorelie S. Masters, Hunton Andrews Kurth LLP, Washington, D.C.

Breakout: Understanding Concurrent Causation and Efficient Proximate Cause
3:30 PM – 4:30 PM ET | General CLE
Sometimes two or more causes might be claimed to concurrently cause or contribute to a first-party
property loss. When one cause is covered and another is not, determining the efficient proximate cause
can be a key issue. These issues arise in many scenarios, and how they might apply to COVID-19 claims
remains to be seen. This program will discuss analyzing the facts, policy language, and different state
approaches to causation issues.
Moderator: Rina Carmel, Anderson McPharlin & Conners LLP, Los Angeles, CA
Panelists: Jorge R. Aviles, Hunton Andrews Kurth LLP, Washington, D.C.; Katherine Mast, Markel
Service Incorporated, Woodland Hills, CA; Jason S. Mazer, Cimo Mazer Mark PLLC, Miami, FL

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PROGRAMS
Thursday, March 11, 2021 (Continued)
Breakout: Insurers' Occasional Duty to Defend Offensively
3:30 PM – 4:30 PM ET | General CLE
Insuring agreements in liability insurance policies provide that the insurer's duties with respect to
litigation involving the insured are to defend and indemnify the insured. But what does it mean to
"defend"? This program will examine when, if ever, an insurer's duty to defend includes a duty to
prosecute affirmative claims belonging to the insured, such as counterclaims, cross-claims, third-party
actions, and even separate lawsuits.
Moderator: Douglas R. Richmond, Aon, Chicago, IL
Panelists: Leo P. Martinez, UC Hastings College of the Law, San Francisco, CA; Joe Ramirez, Holland
& Hart LLP, Denver, CO; Gena L. Sluga, Christian Dichter & Sluga PC, Phoenix, AZ

Friday, March 12, 2021
Plenary: Pursuing Racial Justice, Diversity, and Inclusion in the Insurance Industry
2:00 PM – 3:15 PM ET | General CLE
We are living in a critical moment in the struggle for racial justice, civil rights, diversity, and inclusion.
The killings of George Floyd, Breonna Taylor, Ahmaud Arbery, and other African Americans have
galvanized people throughout the United States and across the globe in support of racial justice. These
issues have profound implications for the insurance industry and insurance litigators, which continue
to struggle with diversity and inclusion issues. This program will feature nationally renowned speakers
who will discuss elimination of bias, diversity and inclusion, and racial justice in the legal profession for
insurance litigators.
Moderator: Terrance J. Evans, Duane Morris LLP, San Francisco, CA
Panelists: Rachel K. Ehrlich, Judicate West, Oakland, CA; Kenneth M. June, United Educators
Insurance, Bethesda, MD; Sophia M. Piliouras, Minority Corporate Counsel Association, Washington,
D.C.; Peter L. Tracey, Perkins Coie LLP, Washington, D.C.

Breakout: From Toilet Paper to Lost Earnings: A Pandemic Paradigm Shift
3:30 PM – 4:30 PM ET | General CLE
This topic will provide an in-depth discussion of losses seen over the past year and corresponding
coverage issues that have arisen. You will hear from quantification experts, along with tips on how to
approach them from a legal perspective. Panelists will also consider the implications of governmental
assistance programs, such as the CARES Act, on claims involving eligible recipients.
Moderator: Vincent E. Morgan, Bracewell LLP, Houston, TX
Panelists: Dennis Chow, Fowler Hirtzel McNulty & Spaulding LLP, Philadelphia, PA; Sheri Wilson,
Lockton Companies, Dallas, TX; Sharon Pisko Wolfe, RWH Myers & Company LLC, New Haven, CT

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PROGRAMS
Friday, March 12, 2021 (Continued)
Breakout: Bearing the Costs Associated with Sex Trafficking
3:30 PM – 4:30 PM ET | General CLE
Trafficking is a multibillion-dollar industry, and there has been an increase in lawsuits filed against
hotels for their alleged participation in and benefit from the sex trafficking industry. In the past decade,
the predominance of sex trafficking has led Congress and states to create statutory liability for not only
the primary actors in trafficking, like pimps and buyers, but also for the owners of commercial premises
who knowingly benefitted or should have known that they were benefitting from trafficking. Plaintiffs
have been more adamant about suing hotel brands and their owners, managers, and employees for their
alleged participation and benefit from trafficking. These insureds seek coverage under their general
liability policies, which begs the question—should an insurer bear the costs of an insured's benefit
from sex trafficking? This panel will discuss the potential underlying causes of action against an insured
premises, including relevant statutes of limitations for those actions, an insurer's potential duty to defend
and indemnify an insured for these claims, and the benefit of either the insured or the insurer filing a
declaratory judgment action.
Moderator: Jamie Carsey, Markel Service Incorporated, Houston, TX
Panelists: Christina Culver, Thompson Coe Cousins & Irons LLP, Houston, TX; Annie McAdams, Annie
McAdams PC, Houston, TX; Rebekah Ratliff, JAMS, Atlanta, GA; Dominic Rupprecht, Reed Smith LLP,
Philadelphia, PA
Breakout: Insurance for Autonomous Vehicles: Who Will Drive Those Risks?
3:30 PM – 4:30 PM ET | General CLE
Some say autonomous vehicles will eliminate human driver error and resulting accidents. But what if
erring human drivers intersect with driverless autonomous vehicles? Or if faulty coding, or AI gone rogue,
causes harm? What about cyber and privacy risks for cars connected to the Internet of Things? Whose
coverage, and what policies, will respond?
Moderator: Kyle D. Logue, University of Michigan Law School, Ann Arbor, MI
Panelists: Vanita M. Banks, Mitchell Hamline School of Law, St. Paul, MN; John G. Buchanan III,
Covington & Burling LLP, Washington, D.C.; Meghan E. Ruesch, Lewis Wagner LLP, Indianapolis, IN

                                             Week Three
Thursday, March 18, 2021
Plenary: Peaceful Protests or Violent Disturbances: Insurance Coverage in Times of
Social Unrest
2:00 PM – 3:15 PM ET | General CLE
This panel of insurance coverage attorneys, the CEO of the Louisville Urban League, and an insurance
company in-house attorney will highlight the property and business loss insurance claims, issues, and
coverage questions arising from social unrest throughout the United States.
Moderator: Marc J. Shrake, Freeman Mathis & Gary LLP, Los Angeles, CA
Panelists: Kaisa Adams, Intact Insurance Specialty Solutions, Englewood, CO;
Nicole S. Adams-Hess, Adelson Hess & Kelly PC, Campbell, CA; Sadiqa N. Reynolds, Louisville
Urban League, Louisville, KY
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PROGRAMS
Thursday, March 18, 2021 (Continued)
Breakout: Thrive and Be Alive: Avoiding the Lawyer Zombie Apocalypse
3:30 PM – 4:30 PM ET | Wellness CLE
This TED-style talk is centered around YOUR center. More specifically, the speakers will engage the
audience in an interactive program designed to give you tools to maximize your productivity and focus while
enjoying your best life and minimizing burnout and stress.
Panelists: Michelle M. Niemeyer, Michelle M. Niemeyer PA, Miami, FL; Diana Uchiyama, Psy.D.,
Illinois Lawyers' Assistance Program Inc., Chicago, IL

Breakout: Clear as Mud: Breaking Down the Complexities of What Constitutes Property
Damage in Construction Cases
3:30 PM – 4:30 PM ET | General CLE
The debate over what constitutes property damage rages on. Can a person who does not own the property
be damaged? Are stigma damages economic loss or property damage? Can loss of use damages be
apportioned and, if so, how is that accomplished? This panel will look at recent decisions discussing what
is property damage and offer practical pointers on how insurance practitioners can preserve these issues
during the litigation of the underlying construction defect case.
Moderator: Jodi Spencer Johnson, Brouse McDowell LPA, Cleveland, OH
Panelists: Alexander Alvarez, Law Office of Alexander Alvarez, Miami, FL; Christine A. Gudaitis,
Ver Ploeg & Marino PA, Miami, FL; Ronald Kammer, Hinshaw & Culbertson LLP, Coral Gables, FL;
Ellen G. Smith, Boyle Leonard & Anderson PA, Tampa, FL

Breakout: Tailoring Policy Terms and Warranties in a "Hard" Market
3:30 PM – 4:30 PM ET | General CLE
Insurance policies start with off-the-shelf forms. But policies are not one-size-fits-all. Learn from different
perspectives how to negotiate policy terms and warranty statements to fit your client's needs in the current
"hard" market and in light of the pandemic.
Moderator: Seth Row, Miller Nash Graham & Dunn LLP, Portland, OR
Panelists: Angela Elbert, Neal Gerber & Eisenberg LLP, Chicago, IL; Maggie Gialessas, CAN, Chicago,
IL; Kirsten C. Jackson, Kasowitz Benson Torre, Los Angeles, CA; Matthew Yoder, Marsh, Chicago, IL

Friday, March 19, 2021
Plenary: "Changing Sides!": Disqualification, ABA Model Rule 1.9(a), and the Courts
2:00 PM – 3:15 PM ET | Ethics CLE
Can a coverage lawyer "change sides"? Will doing so result in disqualification? Two recent state supreme
courts looked at cases presenting similar facts and reached opposite conclusions. This panel will discuss
those cases and what coverage lawyers can learn from them for the benefit of themselves and their clients.
Moderator: Neil B. Posner, Much Shelist PC, Chicago, IL
Panelists: Ann Ching, Sandra Day O'Connor College of Law at Arizona State University, Phoenix, AZ;
Chauntis Jenkins Floyd, Travelers, Alpharetta, GA

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PROGRAMS
Friday, March 19, 2021 (Continued)
Breakout: Sweatpants and a Button-Down: The Insurance Dynamics of Remote and
Restricted Workplaces
3:30 PM – 4:30 PM ET | General CLE
Insurance coverage issues will be at the heart of employer decisions in bringing employees back into
physical workplaces and/or extending remote work options. Join us as we analyze the insurance
implications of requiring employees to return to workplaces, including potential coverage for potential
claims under workers comp, EPL, and D&O/E&O policies, as well as the increased cyber risks potentially
created by extending remote work.
Moderator: Sara Schroeder, Allied Professionals Insurance Company, Orange, CA
Panelists: Heather W. Habes, Covington & Burling LLP, Los Angeles, CA; Geoffrey J. Miller, Custom
House Risk Advisors, Boston, MA; Cory Patterson, Nelson Mullins Riley & Scarborough LLP, Charlotte,
NC; Candice P. Shih, Hanson Bridgett, San Francisco, CA

Breakout: What's an "Occurrence" Today?
3:30 PM – 4:30 PM ET | General CLE
The last several years have seen a series of state supreme court decisions concerning whether conduct
that is seemingly intentional is "accidental" and thus qualifies as an "occurrence." These decisions reveal
interesting trends with regard to how courts evaluate individual conduct and the conduct of insureds'
agents and employees. This program will discuss those trends and allow participants to test their
knowledge in a series of hypotheticals based on real world cases.
Moderator: Christopher Meeks, Lewis Brisbois Bisgaard & Smith LLP, Atlanta, GA
Panelists: Charrise L. Alexander, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.;
Lauren E. Burk, Phelps Dunbar LLP, New Orleans, LA; Rachel E. Hudgins, Hunton Andrews Kurth LLP,
Atlanta, GA

The Floor Is Lava! Insurer Bad Faith in Residential Environmental Claims
3:30 PM – 4:30 PM ET | General CLE
This panel will address what happens when your house is damaged by wild fires, oil tank leaks, or
twisters...or when your living room floor is suddenly covered in lava! The panel will split participants
into two groups to navigate bad faith and other insurance issues related to acts of God, environmental
contamination, and intrusion by the elements, to determine who will make it to the other side with
insurance benefits.
Moderator: Bridget T. Schuster, Williams Kastner, Seattle, WA
Panelists: Rick Hammond, Insurance Claims and Litigation Consultants LLC, Lisle, IL; Kathryn M.
Knudsen, Ruiz & Smart Plaintiff Litigation PLLC, Seattle, WA; Daniel Mensher, Keller Rohrback LLP,
Seattle, WA

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SPONSORS
Thank you to the following sponsors for their generous support of the 2021
Virtual Insurance Coverage Litigation Committee CLE Seminar:

SECTION SPONSOR

               Sponsor of the ABA Section of Litigation

MEETINGS SPONSOR

GOLD SPONSORS

         BERGER HARRIS

SILVER SPONSORS

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SPONSORS
SILVER SPONSORS (Continued)

                              SCHOEMAN
                              UPDIKE
                              KAUFMAN &
                              GERBER llp

BRONZE SPONSORS

CORPORATE SPONSORS

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THANK YOU
Thank you to our 2021 Planning Committee:

Committee Co-Chairs
Ernest Martin, Jr., Haynes & Boone LLP, Dallas, TX
Anna D. Torres, TorresVictor, West Palm Beach, FL
Committee Vice-Chairs
J. James Cooper, Reed Smith LLP, Houston, TX
John C. Bonnie, Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, GA
Seminar Co-Chairs
Latosha M. Ellis, Hunton Andrews Kurth LLP, Washington, D.C.
Seth M. Friedman, Lewis Brisbois Bisgaard & Smith LLP, Atlanta, GA
Seminar Vice-Chairs
Arden B. Levy, Arden Levy Law PLLC, Alexandria, VA
Tyler Bryant Walker, Fields Howell LLP, Atlanta, GA

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GENERAL INFO
Vision Digital Virtual Conferencing Platform
The Virtual Insurance Coverage Litigation Committee CLE Seminar will use the Vision Digital
platform. Please look for an email from sohana.cantwell@americanbar.org on Monday,
March 1, at about 9:00 AM ET. This email includes your unique link to the seminar platform.
This link is specific to you. Please do not share it with anyone else. You may wish to bookmark
it in your browser or save the email so you can easily reference your unique link. This link will
provide access to the agenda, speaker biographies, papers, sponsor information, and more.
Click through each day to review available agenda items and save individual sessions to your
calendar. This Quick Start Guide for attendees provides an overview of all basic features of
the Vision Digital virtual conferencing platform. Test your device’s connections with the Virtual
Lobby Testing Tool here.

MCLE Information
The ABA will seek 14.75 hours of CLE credit (including 1.25 hours of ethics and 1.0 hour of
wellness) in 60-minute states, and 17.7 hours of CLE credit (including 1.5 hours of ethics and
1.2 hours of wellness) in 50-minute states for this program. Credit hours are estimated and are
subject to each state's approval and credit rounding rules. Please visit the program website at
ambar.org/litigationinsurance for program CLE details or visit americanbar.org/mcle
for general information on CLE at the ABA. CLE credit for this seminar is available on a
per-session basis and is only available for the live presentations, not the recordings.

Obtaining CLE Certificates
Attendees who have met CLE requirements will be sent an email with a link for obtaining CLE
certificates by Tuesday, March 23. To receive CLE credit for a session, you must be logged in to
that session as the primary activity on your system for the entire length of the session. You will
not receive credit for watching the recording after a session has ended. Visit the ABA's MCLE
resources webpage to learn more about mandatory CLE requirements by state to ensure that
your participation time is properly recorded for MCLE tracking.

Course Materials
All course materials (including presentations and handouts) are available on the "Course
Materials" tab in your top navigation bar of the Vision Digital platform.

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