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ACCC 2025 Annual Meeting
Wednesday, May 07, 2025, 8:00 AM to Friday, May 09, 2025, 12:00 PM CST
Category: Presented by ACCC


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AMERICAN COLLEGE OF COVERAGE COUNSEL 13TH ANNUAL MEETING

*** This meeting is open to American College of Coverage Counsel Fellows only.
***





Agenda 
(Subject to change based on speaker availability - CLEs pending.)


Wednesday, May 7, 2025, 6:30 -8:00 pm
Welcome Reception – Sponsored by KCIC



Thursday, May 8, 2025, 8:00 am - 10:00 pm
Registration & Breakfast Buffet

Welcome Remarks
- Angela Elbert, Neal Gerber & Eisenberg LLP; ACCC President
- Rikke Morice, Blank Rome LLP; Annual Meeting Co-Chair
- Mike Kiernan, Traub Liberman, Annual Meeting Co-Chair

The Duty to Defend in Today's Day and Age (Ethics CLE)
Location, Location, Location...
When it comes to the duty to defend, the same set of facts leads to a variety of
outcomes depending on the controlling law. This panel will explore the various
schools of thought adopted by different jurisdictions and discuss the ways
policyholders and insurers react and handle duty to defend issues. The panel
will discuss how these rules work in connection with different lines
of insurance coverage.
- Bob Allen, The Allen Law Group
- Sam Arena, Stradley Ronon Stevens & Young, LLP
- Doug Richmond, Lockton Companies LLC
- Gretchen Hoff Varner, Covington & Burling LLP

Hammer Letters, Demands Within Limits, Confessed Judgments, and Other Pressure
Points
The panel will examine the perspective on real (and sometimes only perceived)
pressure points in insurance coverage disputes. We will address the
requirements, mechanics, and strategy regarding so-called "hammer letters,"
stipulated or "confessed" judgments and demands within limits.
- Jim Murray, Blank Rome LLP
- Jodi McDougall, Cozen O'Connor
- Cathy Sugayan, Clyde & Co US LLP
- Marialuisa Gallozzi, Covington & Burling LLP

COFFEE BREAK – Sponsored by Judicate West

Named Insured, Additional Insured, Indemnitee - Belt & Suspenders or Gordian
Knot?
Risk transfer remains as relevant a consideration as ever in commercial
transactions, perhaps most frequently in the construction trades, but also in
all sorts of other vendor, supplier, landlord-tenant, and other commercial
relationships. For example, anyone who has to wade through AIA forms and project
contracts for any project involving construction, renovation, or alteration to
commercial real estate is familiar with different provisions of the prime
contract, subcontracts, and related documents that specify whose insurance must
be endorsed to name whom as additional insureds, and what indemnification
promises run in favor of which parties. This session will explore issues that
remain current following any kind of personal injury or property damage claim in
connection with activities of parties who have entered into commercial
transactions (e.g., construction-site injury claim) including which insurance
must respond first in the event of a claim (additional-insured coverage or the
policyholder’s insurance), what the indemnity agreement covers (and whether it
should have time or dollar limits, or both), and whether the order in which the
various agreements have to respond can be controlled through the drafting of
relevant contract language. Please join us as we look at what happens when
parties litigate the “Gordian knot” – and what solutions there might be to it.
- John S. Vishneski III, Reed Smith, LP
- David Schubert, Schubert & Evans, P.C.
- Lara Cassidy, Hunton Andrews Kurth

Masterclass in Mediating and Arbitrating Transactional Risk Insurance Disputes
Transactional liability insurance including representations and warranties
insurance now is an element of almost every private M&A transaction, is being
featured in connection with many secondary transactions, and may be a component
of certain public transactions. As a result, the volume of transactional
liability insurance policies has increased dramatically over the past ten years.
With that growth, there has been a corresponding increase in the number of
transactional risk insurance claims that have been and are being mediated,
arbitrated, and litigated. A panel of transactional risk insurance claims
lawyers as well as an experienced JAMS neutral will utilize specific examples
from known claims, arbitrations, and litigations as the focal point for an
interactive discussion about best practices in mediating and arbitrating
transactional risk insurance claims.
- Peter Rosen, JAMS
- Vince Morgan, Bracewell LLP
- Nancy Adams, Mintz Levin Cohn Ferris Glovsky & Popeo PC

Lunch - ACCC Annual Business Meeting
Extended Work Break

One For The Money, Two For The Show: AI and Bad Faith Litigation (Ethics CLE)
As insurers increasingly integrate AI into claims handling and negotiation
processes to enhance efficiency, consistency, and transparency, they
inadvertently may open the door to new bad faith risks. While AI has the
potential to reduce traditional insurer bad faith exposure, several AI class
action lawsuits already have appeared, challenging insurers on their use of AI
in claims resolution. The transformative role of AI in bad faith litigation
inevitably will impact the entire claims process, including disputes in
Commercial General Liability (CGL), Professional Liability (PL), Crime,
Directors & Officers (D&O), and Errors & Omissions (E&O) coverages. Both
policyholder and insurer defense counsel will face evolving legal theories and
strategies, prompting new challenges in litigation. This program is designed to
explore these emerging challenges and provide critical insights for policyholder
and insurer defense lawyers as they navigate the complex intersection of AI and
bad faith claims. The program will equip legal professionals with the tools and
knowledge to effectively handle the unique challenges posed by AI in bad-faith
litigation and address ethical implications for lawyers in insurance bad-faith
litigation involving AI.
- Ned Currie, Currie Johnson & Myers, P.A.
- Lorie Masters, Hunton Andrews Kurth LLP
- Mary Borja, Wiley Rein LLP

When Is Bad Faith a Jury Question?
Last May, the American Law Institute approved a new Restatement section on
first-party bad faith. That section provides that, with limited exceptions,
whether an insurer has a sufficient factual basis to contest an insured's claim
without liability for bad faith is a jury question. Insurers maintain that this
is contrary to the great weight of authority and contrary to the logic of the
standard the Restatement adopts. This is one of the most important questions in
bad faith law, so it will be much litigated. This panel will present both sides.
- William Barker, Dentons US, LLP
- Sherilyn Pastor, McCarter & English
- Professor Jeffrey Thomas, University of Missouri - Kansas City (Moderator)

COFFEE BREAK – Sponsored by Judicate West

Adria’s Aftermath: Recent Developments in Coverage for Construction Claims
The New Jersey Supreme Court’s 2016 decision in Adria Towers sent waves through
the construction community. Distinguishing Weedo v. Ston-E-Brick, and looking at
ISO drafting history, the court found subcontractors’ faulty work constituted
“property damage,” caused by “occurrence,” under general contractors’ CGL
policies. The effects were immediate. Although pre-2016 authority had been
sharply divided, many states fell in line with Adria, finding coverage in these
circumstances. But some insurers have recently stemmed from this tide: arguing
that Adria is itself distinguishable and shouldn’t apply outside New Jersey.
This panel will examine those arguments, relevant exclusions, and Adria’s impact
where adopted.
- Eric Hermanson, White and Williams
- Jeff Vita, Saxe Doernberger & Vita, P.C.
- Seth Lamden, Blank Rome LLP
- Wendy Stein Fulton, Kiernan Trebach LLP

General Reception – Sponsored by BDO

Dinner – Sponsored by Jeff Kichaven Commercial Mediation
- Recognition of 2025 Edward Currie Founders Award Recipient
- Recognition of 2025 Thomas F. Segalla Service Award Recipients
- Recognition of 2024-2025 New Fellows

Following Dinner - The Barristers Big Band


Friday, May 10, 2024, 8:00 - 11:30 am 
- Registration & Breakfast Buffet With Committee Meetings

An Ethics Conundrum: What Am I? Coverage Counsel? Defense Counsel? Claim
Investigator? (Ethics CLE)
This program will explore the ethics issues that confront both policyholder-side
and insurer-side lawyers when dealing with investigations, claims handling, and
defense. For example, when is a lawyer who is defending an insured allowed to
consult or otherwise be involved in coverage matters? Does it make a difference
if defense counsel is appointed by the insurer or by the insured? When is an
insurer's lawyer who is investigating a claim engaging in the daily business of
insurance and when is she giving legal advice? Finally, does "splitting the
file" make a difference?
- Neil Posner, Much Shelist PC
- John Bonnie, Weinberg Wheeler Hudgins Gunn & Dial
- Lisa Campisi, BlankRome

The Resurgence of the "At Issue" Doctrine in Insurance Coverage Litigation
The "at issue" doctrine provides an exception to the attorney-client privilege
and has been the source of much confusion in litigation across a variety of
practice areas. It frequently arises in the third-party liability insurance
context in connection with the reasonableness of underlying settlements. Still,
it recently has been raised in other types of insurance cases as well. This
panel will discuss the contours of the doctrine, when it is, and is not,
properly applied, and strategies for advancing and defending against arguments
based on the doctrine.
- Jim Cooper, Reed Smith
- Christine Haskett, Covington & Burling LLP
- Stephen Melendi, Tollefson Bradley Mitchell & Melendi, LLP

Do Sexual Abuse/Misconduct Claims Trigger Both Management Liability and General
Liability Policies? Navigating the Issues of Which Insurer Defends, Settlement
Sexual abuse and misconduct claims and lawsuits continue to be a significant
issue for employers. As risk managers attempt to navigate large settlement
demands and negative publicity, they often turn to their insurers to defend and
respond to such claims. But which policy is the question? Sexual
abuse/misconduct claims can trigger the Employment Practices Liability or
Third-Party Discrimination coverages of management liability policies.
Additionally, such claims may trigger coverage under general liability policies.
When the claim or lawsuit is submitted under both types of policies, the
insurers may respond by declining coverage or reserving rights and asserting
they are in excess of each other. This panel will explore policyholder and
insurer strategies for tendering and responding to sexual abuse/misconduct
claims, including a discussion of how such claims may trigger each coverage,
applicable exclusions, defense and settlement obligations, and which policy
should respond first.
- Seth Row, Stoel Rives LLP
- Paul Walker-Bright, Neal, Gerber & Eisenberg LLP
- Karen Dixon, Skarzynski Marick & Black LLP
- Mike Hamilton, Goldberg Segalla

Closing Remarks 
- Angela Elbert, Neal Gerber & Eisenberg LLP; ACCC President


Registration Rates:
ACCC Fellow Registration = $675
Emeritus or Honorary Fellow = $500
Fellow Guest Registration = $250 (Includes cocktail receptions & dinner only)




Registration Closes April 28, 2025.



Cancellation Policy:
Cancellations received prior to 5:00 pm ET on Wednesday, April 16, 2025, may be
refunded, less a 25% processing fee. No refunds can be issued for cancellations
received after this deadline.

Thank you to our Sponsors:


        Interested in being a sponsor? 
Click here to view current
sponsorship options and
secure your package today.


Hotel Accommodations:
A room rate of $279 per night is available for conference attendees May 5-12,
2025 for single or double occupancy. The hotel cut-off date for accepting
reservations at this rate is Tuesday, April 15, 2025, at 5:00 PM CT. Reservation
requests received after cut-off (or sell-out) will be based on availability and
accepted at prevailing rates. Use this link or call the Reservations Department
at 312-321-8895 and identify yourself as an American College of Coverage Counsel
conference attendee to reserve overnight accommodations at the discounted room
block rate. 

Attention: 
DO NOT make room reservations for the ACCC Annual Meeting with anyone who calls
or emails, representing themselves as agents of the ACCC or the InterContinental
Chicago hotel, offering discounted rooms during the meeting. The ONLY legitimate
way to reserve your room at the InterContinental Chicago is by using the booking
link provided above, or by calling 312-321-8895 and requesting the ACCC group
rate.

--------------------------------------------------------------------------------

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ARTICLE OF THE MONTH

Who’s On First? Priority Of Coverage And Getting To Home Plate by Blair Dancy,
Cain & Skarnulis PLLC


MEMBER NEWS



Gretchen Hoff Varner of Covington & Burling LLP has been recognized as a 2024
Law360 Insurance MVP after securing a $70 milling judgment in favor of Brooklyn
Union Gas Co., now owned by National Grid, establishing coverage for decades of
environmental contamination along New York's Gowanus Canal. Read more

Angela Rodante, Managing Partner at Swope, Rodante P.A., Named to 2025 Top 10
List by Insurance Bad Faith Trial Lawyers 
Swope, Rodante P.A. is proud to announce that Managing Partner Angela
Rodante has been named to The Insurance Bad Faith Trial Lawyers Association –
Top 10 for 2025. This prestigious recognition is awarded to attorneys who
demonstrate exceptional skill and dedication in the field of insurance bad faith
litigation.




Views expressed in posts, links, and files are not necessarily the views of the
College or its constituency.


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