2016 Professional Liability Roundtable Materials

Below is the conference agenda and meeting materials for your reference. If you have any questions, please email Amy O'Maley McGuire.

2016 Professional Liability Roundtable - May 12, 2016

12:45 - 1:00 p.m. 
Welcome and Introductions
Joseph E. O'Neil, IADC President, Lavin, O'Neil, Cedrone & DiSipio, Philadelphia, PA
Samuel W. Outten, Program Chair, Nelson Mullins Riley & Scarborough LLP, Greenville, SC

1:00 - 2:00 p.m.
The Evolution of Bad Faith in Professional Liability Claims
The increase in bad faith claims has reached all areas of the insurance industry, including professional liability insurance. In this presentation, a panel of experienced practitioners will provide a frank discussion on emerging issues surrounding bad faith claims under professional liability policies. The presenters will address issues such as how to avoid bad faith exposure in the context of policies with eroding and/or lower limits; an insurer’s duties of good faith when an insured seeks to control escalating defense costs; practical considerations for claims handlers when responding to bad faith scenarios; and problematic jurisdictions for bad faith liability, focusing on certain states’ efforts to pass legislation that expands coverage in ways that were never intended when the policies were drafted.

David W. Devinger, Amtrust North America, Chicago, IL
Carrie L. Graziani, Hanover Insurance Group, Itasca, IL
Michael A. Hamilton, Goldberg Segalla, Philadelphia, PA
Elizabeth H. Ryan, Coats Rose, New Orleans, LA


2:00 - 2:15 p.m. 
Refreshment Break

2:15 - 3:15 p.m. 
Controlling Costs in High Exposure Cases
The ever escalating costs associated with defending professional liability claims can be a source of concern. Often in multi-party litigation, costs are difficult to control. This panel of seasoned defense lawyers and insurance executives will discuss strategies to manage those costs so as to get to the right outcome at a reasonable price. The discussion will also touch on how meaningful communications between the carrier, counsel, and insured will enable all parties’ goals to be met. The ethical issues involved in billing practices (Rule 1.5) and communications (Rule 1.4) will be addressed as well.

Anthony P. DeMichele, O’Brien & Ryan, LLP, Plymouth Meeting, PA
Molly Eiden, Minnesota Lawyers Mutual, Minneapolis, MN
Bruce Kahn, Berkley Surety Group (a W.R. Berkley Company), Morristown, NJ
Michael Klutho, Bassford Remele, Minneapolis, MN


3:15 - 3:30 p.m. 
Refreshment Break

3:30 - 4:30 p.m.
Expanding Theories of Liability to Third Parties
Is it crazy and overreaching or a novel theory of liability that might just escape a motion for summary judgment? The past decade has seen an explosion of litigation against a range of professionals under theories of liability that might have seemed as off-the-wall as serving a cup of coffee that was too hot twenty years ago. This panel of in-house and private practice counsel will explore the expanding theories of liability by professionals to third parties, how those theories have fared in court, and what you can do to defend yourself and your client from claims that suddenly don’t seem so crazy anymore.

Michael D. Crim, McNeer Highland McMunn and Verner, LC, Clarksburg, WV
T. David Rheney, Gallivan White & Boyd, Greenville, SC
Caryn M. Silverman, Endurance Services Limited, Purchase, NY
David T. Vanalek, Markel Corporation, Deerfield, IL