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, our experienced attorneys will address a new topic of interest. Join one or all master classes for valuable insights from Wilson Elser’s thought leaders.

Tuesday, May 7, 1–2 pm ET
How to Note the File
Lisa Wilson and Stephanie Reda

This session will provide adjusters with strategies for updating their claim files in a meaningful way to keep the adjustment on track and moving forward. The presenters will discuss the problems with “tone” in emails and claim notes that later can impact litigation of the claim. In addition, they will discuss the role of supervisors and their notes in the process as well as common mistakes made by even the most experienced adjusters that can impact how others view the file. All of the examples are events from adjusters with 10 or more years of experience.

Thursday, May 9, 1–2 pm ET
Navigating the Duty to Defend and the Insured’s Right to Independent Counsel
Ashley Gilmore, Erik Tomberg and Blake Crawford

This session will explore the frameworks for determining when a liability insurer has a duty to defend its insured and when the insured has a right to select independent counsel. Topics include the rules for reviewing the underlying pleading, whether extrinsic information can be considered, when a conflict of interest exists requiring independent counsel, and rate and reporting issues pertaining to independent counsel. General principles will be discussed, as well as specific rules in five key jurisdictions: California, Florida, Illinois, New York and Texas.

Tuesday, May 14, 1–2 pm ET
The Art of Mediation: Master Class in Coverage Disputes
Susan Schwartz and Thomas Spitaletto

The presenters will host mediators who have waded into the murky depths of the coverage battle in the first-party and third-party contexts. The discussions with the mediators will be practical and enlightening to the professional audience. Issues include how best to present a coverage dispute for the mediator’s consideration, and what coverage counsel need in their toolbox to help the mediator focus on the essential factual and legal issues that need resolution. The mediators will discuss the types of information – or behaviors – that are counterproductive to their efforts. They will guide us in knowing what works and what does not in preparation, presentation and success in the mediated case.

Thursday, May 16, 1–2 pm ET
The Ever-Evolving World of Cyber Coverage
Richard Boone Jr., Jonathan Meer, Richard Bortnick and Siobhán A. Mueller

This program will flag the growing areas of cyber-risk and the impact of cyber regulation on claims specialists and cyber insurers. An update on evolving cyber language in the lines of business and a focus on the current trends in first- and third-party coverage are also included. The program will conclude with thoughts on threat actors and their use of growing regulations to threaten organizations, changes in cyber policies, and actions related to disputes over business interruption.

Tuesday, May 21, 1–2 pm ET
Thorny Issues, Strategic Solutions: Mastering the Legal Challenges of First-Party Appraisals
Jennifer Martin, Graham Pulvere, Dale Dobuler and Robin Wexler

This course will arm attendees with the strategies and insights needed to navigate the thorny issues that can arise in first-party appraisals. The presenters will discuss hidden traps and legal landmines that can derail the appraisal process and confound even the most experienced claims professionals, and provide proactive strategies and practical tools to guard against pitfalls.

Thursday, May 23, 1–2 pm ET
Avoiding Bad Faith: Defending, Settling and Properly Handling Claims
Jennifer Martin, Peter Moore and David Simantob

The mere mention of “bad faith” by an insured can trigger anxiety and an impulse to resolve the claim at any cost. There are, however, certain bedrock principles that can help insurers avoid bad faith claims: diligent investigation of claims, efficient claims handling, and appropriately evaluating both the duty to defend and the duty to reasonably settle claims. This session will provide a coherent overview of bad faith coverage principles and outline some of the key differences across jurisdictions. The presenters will address strategies for early identification of potential bad faith scenarios and bad faith “set ups” by unscrupulous attorneys, as well as practical advice for avoiding bad faith claims and appropriately resolving them when they arise.

Tuesday, May 28, 1–2 pm ET
Three Is the Magic Number: The Tripartite Relationship and What It Means for Insurers
Peter Moore, Daniel Tranen and David Simantob

The presenters will define the tripartite relationship and what it means for each member: the policyholder, the insurer and the appointed defense counsel. They will describe how this relationship impacts the lawyer’s ability to act for the policyholder and for the insurer that pays its bills. This relationship limits what the lawyer can do to avoid conflicts of interest and what this means for the insurer. Finally, this relationship can lead to conflicts that may require the withdrawal of defense counsel and the potential appointment of independent counsel, and what that means for the insurer as well.

Thursday, May 30, 1–2 pm ET
Insurance Coverage Litigation Strategies: How to Sue and Be Sued
Richard Boone Jr., Jonathan Meer and Katherine Tammaro

This session will address effective and efficient litigation strategies including how, when and where to file; removal; offensive motions to dismiss; discovery for motion practice; and when trial might be a realistic possibility in coverage litigation. Discussions will be in the context of what’s hot and what’s not in current litigation trends.