July 23 - 24, 2020

Agenda

*Virtual events will take place in Eastern Standard Time*

Virtual Coffee Talk!

Welcoming video with audience profiles

Greeting: Introduction to the Virtual Summit Experience

  • Marni Edelhart, VP, Content, Momentum Events

Chairs’ Opening Remarks

  • Peter Halprin, Partner, Pasich LLP

Current Litigations: An Understanding of Where We Are to Prepare for Where Things are Going

As of writing, over two hundred cases have been filed by policyholders and insurers.  These cases touch on a broad range of issues but are primarily focused on business interruption claims.  Some of them seek expedited or specialized relief in the form of class actions, MDL proceedings, and/or injunctive relief.  Motions to dismiss are being briefed in some of the actions and it appears likely rulings will be forthcoming this Fall. This panel will Address

  • Current State of litigation
  • Trends in Filings
  • Where things are going
Panelists
  • Jeffrey L. Schulman, Partner, Pasich LLP
  • Amy Bach, Executive Director, United Policyholders
  • Judy Selby, Partner, Hinshaw & Culbertson
  • Peter Rosen, Arbitrator/Mediator, JAMS

Networking Break

A Guide to Legislative and Regulatory Pandemic Responses

Legislators at the federal and state levels have considered or proposed legislation to address business interruption issues including the enforceability of certain exclusions and whether the virus and/or the disease is a covered peril. At the state level, New Jersey and Louisiana have led the way with early bills on these issues, only to change course in recent days.  At the federal level, there is discussion of some form of Pandemic Relief Insurance Act (PRIA), akin to that for Terrorism Risk Insurance (TRIA).  In addition to these actions, state regulators have issued guidance and requested information from insurers. This panel will address

  • Existing pertinent legislation and regulations related to insurance and pandemics
  • Pending legislation and regulations both national and state-specific
  • The latest guidance from state regulators
Panelists:
  • Mikaela Whitman, Partner, Pasich LLP
  • Larry Schiffer, Partner, Squire Patton Boggs
  • Steven P. Nassi, Partner, Goldberg Segalla
  • Whitney Craig, Director, Government Relations, RIMS

Day One Wrap Up and What to Expect on Day Two

  • Peter Halprin, Partner, Pasich LLP

Day One Ends

Virtual Coffee Talk

Welcoming video with audience profiles

Greeting: Re-Introduction to the Virtual Summit Experience

  • Marni Edelhart, VP, Content, Momentum Events
  • Peter Halprin, Partner, Pasich LLP

A View From Across the Pond: Litigation & Regulatory Developments in the UK

Like the US, the UK is seeing an explosion of insurance coverage litigation and regulatory activity.  Many US policyholders purchase insurance from the London Market and other jurisdictions that are governed by the laws of England and Wales. This panel provides:

  • An English perspective on coverage litigation in the UK
  • A guide to UK regulatory and legislative developments and what to expect going forward
Panelists
  • Anamay Carmel, Partner, Pasich LLP
  • David Scorey, QC, Essex Court Chambers
  • Mark Templeman, QC, Essex Court Chambers

Alternative Dispute Resolution and COVID-19 Insurance Disputes

Many insurance policies contain provisions requiring that disputes be resolved by means other than litigation.  These alternative means of resolving disputes – such as appraisal, arbitration, and mediation – may have advantages over litigation but these processes are being forced to confront the current crisis in an unexpected way – going online. This panel will address:

  • Perspectives from arbitrators, mediators, and institutions on alternative dispute resolution mechanisms
  • Details about and best practices for online ADR
  • The role ADR can play in resolving the current wave of insurance coverage disputes.
Panelists
  • Shaun Crosner, Partner, Pasich LLP
  • Rebekah Ratliff, President, Capital City Mediators
  • Daniel Garrie, Arbitrator/Mediator, JAMS
  • Mansi Karol, Director of ADR Services – Commercial Division, AAA
  • Jeff Zaino, Vice President – Commercial Division, AAA

Break

Emerging Insurance Issues Panel: Cyber, D&O, EPLI, GL, WC

While most of the litigation and regulatory activity has so far focused on business interruption, it is expected that other insurance coverages are likely to be the focus of future disputes.  These coverages – cyber insurance, directors and officers’ insurance, employment practices liability insurance, general liability insurance, and workers’ compensation insurance – will be reviewed and the key areas of dispute highlighted by a panel of experts. Panelists

  • Pamela Woods, Partner, Pasich LLP
  • Aarti Soni, Cyber Director & Product Innovation Counsel, McGriff, Seibels, and Williams (Cyber)
  • Amanda Conforti, MBA, BWD Sports and Entertainment, LLC (D&O)
  • Janet Dreifuss, Associate GC and Senior Claims Counsel, ARC Excess & Surplus LLC (EPLI)
  • Joshua Weisberg, Director of Risk Management Services and Senior Counsel, SterlingRisk (GL/WC)

Clarity into Claim Preparation and Best Practices

Beyond the issues of insurance coverage, there may also be disputes over the quantum of business interruption losses. This panel will feature experts in claim preparation interviewing each other regarding best practices for calculating and presenting an insurance claim. Panelists

  • Michael Gehrt, Partner, Pasich LLP
  • Joseph Mascali, Vice President and West Coast Team Leader, Procor Solutions + Consulting, LLC
  • Dina Senerchia, Vice President of Forensic Accounting, Procor Solutions + Consulting, LLC
  • Chris Mortifoglio, Director of Forensic Accounting, Procor Solutions + Consulting, LLC

Closing Remarks – Placing COVID-19 Insurance Disputes in Context

  • Kirk Pasich, Managing Partner, Pasich LLP

End of Day