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CLE Seminar, February/March 2008, Tucson, AZ
The documents below are written materials from programs that have been sponsored by the Insurance Coverage Litigation Committee. Please note: You must be a Section of Litgation member and be logged in to access the files.
All files are available in PDF format unless otherwise noted. (
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Mediator Perspectives: Ten Ways to Win (or Lose) Your Mediation
To Renew or Not to Renew? That is the $64,000,000 Underwriting Question
- » To Renew Or Not To Renew:
The $64,000,000 Question
Mary Craig Calkins
Confronting Catastrophe: Pandemics, Hurricanes, Terrorists – Oh My!
- » Compensating Victims of Catastrophe: Reforming the Insurance Industry, the Tort System, and Government
James M. Davis and Noel C. Paul
Handling Experts: How To Properly Disclose Experts Without Losing Your License and Being Sued for Malpractice
- » What Constitutes a “Draft Report” for Purposes of Rue 26 Expert Disclosure Requirements?
Jay M. Levin
Time Traveler: 27 Years of Insurance Litigation After Keene Corp. v. Insurance Co. of North America
- » Time Traveler: 27 Years of Insurance Litigation After Keene Corp. v. Insurance Co. of North America
Jerry Oshinsky and Laura A. Foggan
Just When you Thought it was Safe to Eat Spinach: Insurance Coverage for Food-Related Liabilities and Recalls
- » Insurance Coverage for Food-Related Liabilities and Recalls
Suzan F. Charlton - » Contemporary Product Recall Issues and Strategies for Remediation
Brad Murlick
Peeling the Onion: Layers of New D&O Coverage Issues
- » Excess Layers of D&O Insurance: Peeling the Onion
Dan A. Bailey - » Security Claims against Directors and Officers: D&O Insurance, a Bridge Over Troubled Waters
Carolyn H. Rosenberg and Sarah R. Wolff - » Emerging Trend to Watch: Section 16(b) Claims
Priya Cherian Huskins
Insurance and Indemnity Provisions in Private Transactions: Belt and Suspenders or Gordian Knot?
- » Insurance and Indemnity Provisions in Private Transactions: Belt and Suspenders or Gordian Knot?
Maria G. Enriquez, Greg S. Anthony, Elizabeth J. Stewart, and John S. Vishneski III
Backing Away From the Brink: Proactive Preparation and Effective Mediation of Coverage Cases
- » Backing Away From the Brink: Proactive Preparation and Effective Mediation of Coverage Cases
Tracy Alan Saxe, Ellen Van Meir, Paul J. Van Osselaer, and Tim Walker
Oops – Loss of Coverage for Failure of Policy Conditions: Post-Occurrence Conduct That Voids the Insurer’s Obligations
- » The Scope of the Cooperation Clause in Liability Insurance Policies
Scott F. Bertschi and Scott A. Wandstrat - » Reviving the Lost Art of Apology
Patricia A. Bronte and Elsa Y. Trujillo - » Snatching Defeat from the Jaws of Coverage
Jeffrey Michael Cohen, Laura Whitmore Paquin, and Stephanie Zimmerman
Privacy Please! Coverage for Claims Made Under Federal and State Statutes Involving Secrecy and Seclusion
- » Insurance Coverage Issues Arising From Claims Brought Under Federal Consumer Protection Statutes
Amy J. Woodworth
Coverage For an Inconvenient Truth? D&O Coverage for Global Climate Change
- » Insurance Coverage for Global Warming Liability
Adam M. Cole, John C. Ulin, Daniel A. Zariski, and Lisa M. Cirando
How to Avoid Getting Whacked by the Doctrine of Reasonable Expectations
- » New Jersey’s Unique Approach to the Doctrine of Reasonable Expectations
Gregory J. Schwartz - » The Reasonable Expectations Doctrine: Why Policy Holders May be Better Off Without It
Martin C. Pentz and Jeremy A. M. Evans - » Judicial Expansion of the So-Called Reasonable Expectations Doctrine
Kathleen H. Dooley and Sarah Hawkins
Roundtable Luncheon: The Application of State Antitrust Laws to the Insurance Industry
- » The Application of State Antitrust Laws to the Insurance Industry
Reagan M. Brown and Seth M. Isgur
Roundtable Luncheon: Umbrellas & Shorts?!? A Discussion of London & Bermuda Arbitrations
- » Arbitration in London
Angus Rodger
20 Ways to Lose Your Coverage Fight! The Top 20 “Don’ts” in Handling Claims and Litigating Coverage
- » 20 Ways to Lose Your Coverage Fight! The Top 20 “Don’ts” in Handling Claims and Litigating Coverage
John B. Mumford, Jr.
Reinsurance 2008: Establishing the Rules of the Game
- » Reinsurance 2008: Establishing the Rules of the Game – Contract Certainty
Mary Kay Vyskocil - » Principles Of Aggregation
David A. Attisani and Meghan L. Rhatigan
One Man’s Shield, Another Man’s Sword: Contesting Privilege in Coverage Litigation
- » Cumis Privilege and the Risk of Waiver: A Policyholder’s Perspective
Wendy L. Feng and Geoffrey T. Painter
Defense Costs in Environmental Coverage Cases – Soil Vapors & Air Monitoring Costs: Covered or Just Hot Air?
- » Vapor Intrusion Costs in Environmental Insurance Coverage Cases: Just How Hot is the Air?
Brent W. Huber and Angela P. Krahulik - » Digging for the Truth: Coverage Issues for Soil Vapor Intrusion Under a Commercial General Liability Policy
Steven D. Caley and Seth M. Friedman
The Lessons of Congoleum Bankruptcy: Prepackaged Bankruptcies and the Use of Insurance Assets to Deal with Mass Tort Claims
- » The Lessons of Congoleum Bankruptcy: Prepackaged Bankruptcies and the Use of Insurance Assets to Deal with Mass Tort Claims
Kevin J. Kotch
Missing Policies: Insurers’ and Policyholders’ Perspectives on Best Practices
- » Missing Policies: Insurers’ and Policyholders’ Perspectives on Best Practices
Paul A. Banker, Rahul Karnani, and Susan Welde
I Got “YouTube Covered?” Insurance Coverage for IP and Cyber-Loss
- » The Evolution of Cyber Policies
Robert D. Chesler
Non-Products Coverage: It’s Not Just for Asbestos Any More
- » Insurance Coverage for Asbestos Claims Laying Out a Case on Behalf of Insurance Contractors
Scott N. Godes - » N.Y. Asbestos Claims Not Subject to Aggregate Limits
Scott N. Godes
Insurance 101 – Discovery in a Coverage Case
- » Insurance 101 – Discovery in a Coverage Case
Dana C. Lumsden, Katherine E. Mast, Kimberly S. McNish, and Jodi D. Spencer




