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2023 Insurance Coverage
Master Class Course Descriptions

Designed for senior-level coverage professionals and executives, this month-long series developed by Wilson Elser attorneys will explore the complexities in coverage that pose the greatest challenges to insurers today and in the near future. Each week, experienced attorneys will address a new topic. Join one or all master classes for valuable insights from Wilson Elser’s thought leaders.

Tuesday, June 6, 1–2 pm ET
Alleviating Allocation Anxiety for Your Next D&O Matter
Joseph Stafford, Daniel Tranen

Directors and officers are keenly aware that they face an increasing risk to their personal assets, and often look to their company’s D&O insurance to provide broad coverage. However, it is important to recognize that D&O policies are not issued on standard forms and the coverage extended can differ in many significant ways. Joseph Stafford (Partner-Chicago, IL) and Daniel Tranen (Partner-St. Louis, MO) will provide an overview of D&O insurance and the types of claims and lawsuits commonly filed in the United States, followed by a discussion of the allocation provision in theory and in practice. They will explain how allocation should be evaluated, analyzed and addressed in regard to claims and lawsuits that involve mixed-covered versus non-covered insureds or claims, including but not limited to (1) the threshold issues of insurance coverage; (2) which coverage sections of insurance may be called on to respond to claims; (3) what exclusions and/or provisions may serve as a basis for allocation; (4) what procedures should be followed to adequately and appropriately seek an allocation; (5) what language may be necessary in a coverage letter issued to the insured; and (6) the defense/settlement strategies the insurance professional should consider. 

Thursday, June 8, 1–2 pm ET 
How to Make a Successful Rescission Claim
Richard W. Boone Jr., Mark Vespole

Richard Boone Jr. (Partner-New York, NY) and Mark R. Vespole (Partner-Madison, NJ) will provide an in-depth look at the insurance industry practice of rescission and the requirements for the successful revocation, cancellation or repeal of an agreement. They will provide a primer on rescission of an insurance policy, and use case studies and leverage their deep experience to cover topics such as (1) legal elements of cause of action, (2) misrepresentation, (3) materiality, (4) reliance and damages, (5) policyholder defenses, (6) considerations for rescission on receipt of a claim or lawsuit, (7) rescission and bad faith, (8) warranty statements and (9) one-off issues.

Tuesday, June 13, 1–2 pm ET
Bad Faith: Recurring, Evolving and Emerging Issues – Part One
Dale Dobuler, Jennifer Martin, Daniel Tranen, Paul White

Paul White (Partner-Los Angeles, CA), Dale Dobuler (Of Counsel-Orlando, FL), Jennifer Martin (Partner-Dallas, TX) and Dan Tranen (Partner-St. Louis, MO) will assist claims professionals in responding to claims in a way that meets the objectives of fair claims handling regulations, and in avoiding circumstances that could lead to an allegation that they have breached the implied covenant of good faith and fair dealing. In this first of a two-part presentation, topics will include (1) claims handling objectives; (2) the role of the claims adjuster in claims handling; (3) jurisdictional bad faith standards, (4) responding to the insured; and (5) claim valuation and the demand for perfection in an imperfect process.

Thursday, June 15, 1–2 pm ET
Bad Faith: Recurring, Evolving and Emerging Issues – Part Two
Dale Dobuler, Jennifer Martin, Daniel Tranen, Paul White

In this second of a two-part panel on Bad Faith, Paul White (Partner-Los Angeles, CA), Dale Dobuler (Of Counsel-Orlando, FL), Jennifer Martin (Partner-Dallas, TX) and Dan Tranen (Partner-St. Louis, MO) will cover policy limit demands / time limit demands and bad faith litigation. The two one-hour panels will assist claims professionals in responding in a way that meets the objectives of fair claims handling regulations, and in avoiding circumstances that could lead to an allegation that they have breached the implied covenant of good faith and fair dealing.

Tuesday, June 20, 1–2 pm ET
Navigating the “Business Risk” Exclusions in CGL Policies
Ashley Gilmore, Paul White

Ashley Gilmore (Partner-Dallas, TX) and Paul White (Partner-Los Angeles, CA) will explore the purpose and scope of the traditional “business risk” exclusions in CGL policies – damage to property and “your product,” “your work” and “impaired property” – as well as the contractual liability exclusion and its exception restoring coverage for “insured contracts."

Thursday, June 22, 1–2 pm ET 
Just When You Thought It Was Simple, UM/UIM Comes Around
Peter Moore, Thomas Quinn, Lisa Wilson

Partners Thomas Quinn (Madison, NJ), Lisa Wilson (Dallas, TX) and Peter Moore (McLean, VA) will discuss this area of insurance coverage with practical applications that can vary drastically from state to state. They will provide a coherent overview of UM/UIM coverage principles, and outline some of the key differences that can vary across jurisdictions. Topics include (1) statutory coverage requirements; (2) the primacy of coverage; (3) stacking; (4) the right to an offset for available liability limits; and (5) how the application of exclusions can vary from state to state, regardless of policy language or intent, based on statutory and public policy considerations. This session also will cover Bad Faith in the context of UM/UIM and outline some of the common pitfalls insurers face when evaluating their coverage obligations.

Tuesday, June 27, 1–2 pm ET 
To DJ or Not to DJ? That Is the Question: The Use of Declaratory Judgment Actions in Coverage Matters
Siobhán A. Mueller, Jonathan E. Meer

Jonathan E. Meer (Partner-New York, NY) and Siobhán A. Mueller (Associate-New York, NY) will explain the consequences insurers need to understand before invoking declaratory judgment actions, which can vary by jurisdiction. Examples include Illinois, New York and Washington. Jonathan and Siobhán also will address recent examples of insurers involved in declaratory judgment actions, the practical implications and factors to consider before moving ahead.

Thursday, June 29, 1–2 pm ET 
Choice of Law in Insurance Disputes
David Simantob, Katherine Tammaro

Partners Katherine Tammaro (Madison, NJ) and David Simantob (Los Angeles, CA) will discuss how choice of law issues impact various insurance disputes from the initial coverage analysis, to the right to independent defense counsel, to claims handling and, ultimately, bad faith disputes. Topics include (1) the various choice of law rules used in different states; (2) the concept of dépeçage, and whether separate choice of law inquiries should be made with respect to different issues in the claim; (3) the impact of forum selection and choice of law provisions used in some policies, and whether they are upheld in different states; (4) the different choice of law analyses needed for coverage issues; (5) the right to independent counsel; (6) claims handling; and (7) bad faith. Katherine and David also will discuss the impact of these choice of law issues, from the initial decision to accept coverage to the potential race to the courthouse between the carrier and the insureds.