American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting

American Bar Association Litigation Section Insurance Coverage Litigation Committee Mid-Winter Meeting

William Barker   By William T. Barker, Partner, SNR Denton

This meeting occurred in Tucson, Arizona, March 2-5, 2011, and was attended by over 350 registrants from both sides of the coverage bar (and some judges, professors, mediators, and providers of litigation services).  The presentations were high quality.  There were trial skills programs on such subjects as “Tough Evidentiary Issues in a Coverage and Bad Faith Trial” and “Institutional Bad Faith--Putting the Insurer’s Practices and Procedures on Trial.”  There were a wide range of coverage programs, including bread and butter subjects like notice and tender, construction claims, and business interruption and arcane topics like the healthcare industry and privacy/data security.  There were programs on ADR and reinsurance.

I participated in a panel on Doing Right and Doing Well: Ethical Rules as a Boon to Practice.  My fellow panelists were John Buchanan of Covington & Burling (standing in for David Brenner of Riddell Williams, who had to bow out), Kali N. Bracey of Jenner & Block, and Alicia G. Curran of Cozen O’Connor.  We presented a set of eight hypotheticals with multiple choices as to the ethical course of action (sometimes that was in dispute, and both answers were considered correct).  David’s hypos (presented by John) concerned ethical issues relating to social networking and informal investigation; Kali’s concerned ex parte contact; Alicia’s concerned meritorious claims and candor to the tribunal; and mine concerned insurance defense ethics.  The PowerPoint with the hypos and the relevant authorities is attached to this post, Doing Right and Doing Well: Ethical Rules as a Boon to Practice.

I provided a handout of excerpts on insurance defense from WILLIAM T. BARKER & RONALD D. KENT, NEW APPLEMAN INSURANCE BAD FAITH LITIGATION, SECOND EDITION and JEFFREY E. THOMAS, NEW APPLEMAN ON INSURANCE LAW, LIBRARY EDITION, a copy of which is also attached to this post, New Appleman on Insurance Section 16.04 Tripartite Relationship.

 New Appleman on Insurance Library Edition

We also had other materials, one of which was my paper on Confidentiality Obligations of Insurance Defense Counsel, which will appear in the next issue of Coverage, and will be posted with the other articles in that issue.

Access New Appleman Insurance Bad Faith Litigation, Second Edition on lexis.com.

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