Thursday, October 6, 2011

Pennsylvania Convention Center 1101 Arch Street, Philadelphia, PA 19107

Approved for 4.5 hours of Pennsylvania Continuing Legal Education Credits (including 1 hour ethics)

P R E S E N T S

This year marks the fifth annual White and Williams LLP Coverage College®. Last year, over 450 students representing 130 companies from across the country attended this full-day educational program.

The College provides an opportunity for insurance claims professionals to engage in rigorous study of a diverse insurance coverage curriculum taught by experienced White and Williams attorneys. Students can choose from 16 Masters Classes which are structured to encourage them to interact with the faculty and

fellow students while tackling a variety of complex insurance issues. In addition, this year’s opening general session will address common misunderstandings in liability coverage and the closing general session will address complexities that sometimes arise when defending an insured under a reservation of rights.

Students at last year’s Coverage College had this to say about their day on campus:• “Very informative - the length of programs kept things quick and captivating.• “Great educational and networking opportunity.”• “Excellent presentations, knowledgeable presenters, and informational handouts.”• “This is the one CLE event that I absolutely enjoy!”

The College also includes breakfast, lunch, two breaks and a cocktail reception, providing many opportunities for networking and catching up during a day of education.

Space is limited. Coverage College has “sold out” every year! Register today!The College is approved for 4.5 hours of Pennsylvania Continuing Legal Education Credits (including 1 hour ethics).

CURRICULUM

8:00 AM

REGISTRATION AND BREAKFAST

9:00 AM

WELCOME AND INTRODUCTIONSGale White, Dean of the College

9:15 AM

GENERAL SESSION

Myth BustersRandy J. Maniloff

With liability insurance coverage involving dozens of issues, countless policy forms, and the law constantly evolving, not to mention sometimes varying widely from state-to-state, it’s a mine-field out there for claims professionals. No wonder there are some misunderstandings in liability insurance coverage law. This general session will seek to identify some of the most common misunderstandings and set the record straight.

10:15 AM MASTERS CLASS I (Choose one)

A. A Year In The Life Of Litigating Long-Tail Claims Coverage – Annual Update on Asbestos/LTE/Environmental Liability and CoveragePatricia B. Santelle and Shane R. Heskin

Coverage litigation continues over “long-tail” claims and shows little sign of slowing down. We will highlight key decisions over the past year on significant issues in the long-tail coverage context.

B. Role of Excess Carrier “Associated in” Trial AttorneyRobert G. Devine

Most excess carriers have the contractual right to associate in a trial attorney of their choosing to augment the defense provided by primary carrier retained defense counsel. The dynamic of the relationship between excess and primary carrier is oftentimes complex and, while guided by the insured’s best interests, can be greatly facilitated by the excess carrier retained counsel, particularly when the matter presents as a trial candidate.

C. Roundup of Recent D&O Coverage and Related Bad Faith Cases: Implications for Coverage and Claims StrategiesScott H. Casher and Leor J. Kaplan

Over the past year, there have been several significant court decisions regarding D&O coverage and related bad faith. For example, cases examining when a D&O policy covers internal investigation costs, when a CGL policy serves as primary coverage below a D&O policy pursuant to an “other insurance” clause, and when notice of circumstance excuses the obligation to provide timely notice of

a claim. In addition, courts in several states, including those that tend to be the most difficult for insurers to defend bad faith claims, recently published rulings that limit the scope of insurer bad faith. This session will discuss these significant D&O and related bad faith decisions that were issued since the 2010 Coverage College.

D. Privacy, Cyber-liability, and Counterfeit Knock-offs: Emerging Issues in Personal and Advertising InjuryJoshua A. Mooney

We live in a world of email, social media, and target advertising. This Masters Class will focus on emerging coverage issues for an insured that is accused of privacy invasion, computer hacking, or selling knock-off merchandise. The class will briefly cover federal and state statutes and common law involving privacy protections, computer hacking, and false advertising. Class discussions will include the recent wave of “zip code” lawsuits and a recent line of cases that have pushed counterfeiting and false designation claims closer to the line of potentially covered product disparagement.

11:00 AM

BREAK

11:20 AM MASTERS CLASS II (Choose one)

A. Class Action Litigation DevelopmentsMichael N. Onufrak

Coverage is sometimes recognized for a claim that is filed as a purported class action. It is important to know the mechanics of possible certification of a class under Rule 23 of the Federal Rules of Civil Procedure. The United States Supreme Court has been active lately in interpreting Rule 23, particularly in the much publicized sex discrimination case against WalMart, Wal-Mart Stores, Inc. v. Dukes. The Supreme Court held that the requirements for class certification were not met in an alleged class with 1.5 million plaintiffs. This class will discuss the impact of the Dukes case and others including the Third Circuit’s now three-year old decision in In re Hydrogen Peroxide on the class certification process. Knowledge of the likelihood – or not – of certification affects all aspects of litigation strategy and settlement value from the perspective of the insured and the claims handler.

B. Construction Defect Mediations – Coverage Considerations, Strategy and Managing the Interplay Between Coverage Counsel, Defense Counsel and Insureds’ Personal CounselMark L. Parisi and Tony L. Miscioscia

This class will explore the impact of contractual hold harmless provisions, additional insured endorsements, and the insured contract exception to the contractual liability exclusion in shifting responsibility among various contactors/insureds and their insurers.

CURRICULUM

Then, this class will discuss the unique problems presented at construction defect mediations due to common coverage issues. Finally, we will explore the typical interplay at mediations between coverage counsel, defense counsel and insureds’ personal counsel and discuss how those parties can best work together to successfully resolve their disputes.

C. Whistleblowing and Bribery: Increasing Exposures for Liability Insurers Under the Dodd-Frank Act and FCPAMaurice Pesso and Karen B. Mariscal

President Obama signed the Dodd-Frank Act into law on July 21, 2010 with the goal of implementing a sweeping reform of the country’s financial regulatory system. To facilitate vigorous monitoring and enforcement, the Dodd-Frank Act contains several provisions related to whistleblower actions designed to encourage reporting of securities violations, among other things. In addition, the U.S. government has recently begun to aggressively prosecute D&Os of companies for violations of the Foreign Corrupt Practices Act, which has resulted in significant defense cost-related exposure for some D&O insurers. Given the broad impact the Dodd-Frank Act is designed to have, and the broad reach of the FCPA, these laws are likely to affect D&O insurers and directors’ and officers’ conduct in the coming years.

D. Who Owes What To Whom: Are Reinsurance Offsets Being Stretched Beyond Their Intended Purpose?Michael Olsan and Justin K. Fortescue

Most reinsurance treaties contain offset provisions that permit the parties to offset balances each owe to the other. These provisions come in many different types, ranging from narrow provisions that permit offset only in the insolvency context, to broad provisions that seemingly allow companywide offset under multiple contracts. Recently, disputes over offset provisions have become more commonplace and the limits of these provisions are being tested. This course will examine various types of offset clauses and their application to real world scenarios.

12:00 PM

LUNCH (buffet style to facilitate mingling and networking)

1:15 PM MASTERS CLASS III (Choose one)

A. Professional Liability Coverage vs. D&O Coverage With Professional Services Exclusions Larry J. Bistany and Celestine M. Montague

Many types of professionals, not just doctors and lawyers, now seek to protect their potential liabilities through errors and omissions insurance and also have D & O coverage. Courts have taken great care in drawing a distinction between professional services and services the insured provides as part of its operation of a business and which policy applies to which services. In this class, we discuss the distinctions and unique circumstances in

which courts have examined and set the dividing line between the various forms of coverage, and what you need to know in considering this issue.

B. Going Green: Emerging Environmental Insurance Coverage IssuesPatricia B. Santelle and Robert F. Walsh

We will explore potential insurance coverage issues arising out of global warming, Chinese drywall, and other emerging environmental claims, including but not limited to the application of “absolute” or “total” pollution exclusions.

C. Recovery of Delay and Other Consequential Damages from “Performance Bond and Payment Sureties” Robert T. Carlton and Kimberly H. Scheidt

In addition to the direct cost of completion or repair of defective construction, the failure of a construction contractor to properly complete a construction project on time may cause a project owner to claim numerous consequential damages against the contractor’s performance bond surety such as increased cost of construction, lost revenue, increased overhead, additional financing fees, attorney’s fees incurred in the claim against the contractor, and other consultant and expert fees. In the case of payment bonds, is a subcontractor payment bond claimant entitled to recover, in addition to payment for labor or materials, damages for delay caused by the principal contractor. This presentation will examine performance bond and payment bond coverage for such claims.

D. The Marcellus Shale Phenomenon: Impact on the Insurance IndustryPlatte B. Moring and Scott P. Borsack

Natural gas exploration in the northern tier of Pennsylvania has exploded in the past three years. Thousands of wells have been drilled and thousands more are on the horizon. With this vast economic development, lawsuits will follow. This class provides an introduction to drilling activity and the process of “fracking”. In addition, our panel will discuss insurance coverage issues involved with land leases, pipeline agreements, seismic testing permits, and commercial general liability.

2:00 PM

BREAK

2:15 PM MASTERS CLASS IV (Choose one)

A. Form and Substance: The Interplay Between State Unfair Insurance Practices Acts and Bad Faith LitigationEdward M. Koch and Christopher E. Ballod

Everyone knows that an unreasonable denial of an insurance claim may form the basis for bad faith. But did you know that some

Christopher E. BallodLarry J. BistanyScott P. BorsackRobert CampbellRobert T. CarltonScott H. CasherRobert G. DevineJustin K. FortescueJoseph H. FosterRandy M. FriedbergShane R. Heskin

Leor J. KaplanEdward M. KochKaren B. MariscalJamie M. MerrittTony L. MisciosciaCelestine M. MontagueJoshua A. MooneyPlatte B. MoringMichael OlsanMichael N. OnufrakMark L. Parisi

Maurice Pesso Anthony P. SalvinoDebbie R. SandlerPatricia B. Santelle Kimberly H. ScheidtJay Shapiro Rafael VergaraRobert F. WalshRobert Wright

DEAN of the COLLEGEGale White

DEAN of STUDENTSRandy J. Maniloff

ASSOCIATE DEANDavid E. Edwards

courts have found that a bad faith claim may still be available to the insured when the carrier accepts and pays the claim? This class will explore bad faith claims based on sometimes technical violations of state unfair claims practices acts, how to avoid “a pattern of unfair business practices,” and provide guidelines for communications with the insured and documenting the claims investigation.

B. Fraudulent Claims: The Proof is in the FileRobert Wright, Rafael Vergara, Jamie M. Merritt and Jay Shapiro

This class will examine how insurance companies can use documentation submitted by covered parties and assignees of benefits to detect fraudulent claims and ultimately reduce the amount of payments made due to fraud. Additionally, it will present strategies concerning how affirmative litigation may be developed. Case studies will be presented to demonstrate how effective examination of these submissions has deterred fraud and become the basis for recovery.

C. Navigating the Minefield: Disability, Family Leave and Workers’ Compensation Traps for the UnwaryDebbie R. Sandler and Anthony P. Salvino

Any time an employee becomes ill, suffers an injury (at work or otherwise) or has a family medical issue, an employer is faced with competing and sometimes contradictory options and obligations. Failing to recognize all of the issues at play can lead to litigation and liability. This course will outline the various statutory frameworks, including the most recent legislative amendments, identify areas of exposure, and offer guidelines on compliance and risk reduction.

D. Credit Card Database Invasion and Cyber-insurance: Emerging Coverage and Liability IssuesRandy M. Friedberg and Robert Campbell

Cyberattacks are a growing problem, and they can be expensive. Almost every week brings a new report of a credit card database

invasion. In this session we will discuss this growing exposure, the insurance coverage issues implicated when carriers are presented with claims arising out of these attacks, and the insurance industry response to this problem.

3:00 PM

CLOSING PRESENTATION

More Insurance Challenges and Ethical DilemmasGale White and Joseph H. Foster

You asked for more! We’ll give you more! Coverage College will continue its series of discussing some of the most complex and challenging issues insurers face when confronted with a myriad of different situations – often in the context of defending its insured under a reservation of rights. Come prepared for an “ask the audience” interactive session where we will pose the issues and you, the students, will respond.

This year’s issues will include such challenges as:

• How can I post an appellate bond and still preserve coverage issues?

• Can a primary carrier “tender” its limits to an excess?

• Can I ever withdraw from a defense?

• Can I instruct defense counsel to move to eliminate covered claims?

• Can I defend the claims and then force the insured to prove allocation of a settlement or judgment between covered and uncovered claims?

We will also feature a discussion of things that we have seen in claim files in a lightning round we call “Oops, Is That Bad Faith?”

4:00 PM

PRIZES, DIPLOMAS & COCKTAIL RECEPTION

WHITE AND WILLIAMS COVERAGE COLLEGE FACULTY

There is no cost to attend Coverage College® for most students.* However, class size is limited. Please register early to ensure your seat at this year’s Coverage College®!

WAYS TO GET THERELocated in the heart of Philadelphia at 1101 Arch Street, the Pennsylvania Convention Center is easy to reach by plane, train and car.

Philadelphia International Airport The Pennsylvania Convention Center is located just 20 minutes from the Philadelphia International Airport. Taxi cabs are readily available at the airport. Alternatively, SEPTA’s R1 Airport line provides an easy ride to Market East Station (at 8th and Market Streets), which is within walking distance of the Convention Center.

SEPTA Rail LineThe Pennsylvania Convention Center is within walking distance of SEPTA’s Market East Station (at 8th and Market Streets).

Amtrak Rail TransportationThe Pennsylvania Convention Center is less than 10 minutes from Amtrak’s 30th Street Station. Taxi cabs are readily available at 30th Street Station. Alternatively, many SEPTA rail lines at 30th Street Station provide a quick connection to Market East Station (at 8th and Market Streets), which is within walking distance of the Convention Center.

ParkingFor detailed driving directions and a local parking information, please visit http://www.paconvention.com/explore-philadelphia/directions-and-parking

Hotel Special RateWe have secured a limited number of rooms at a special rate of $219 per night excluding tax at the Philadelphia Marriott Downtown (1201 Market Street - across the street from the Convention Center). Call 215.625.2900 or 800.228.9290 for reservations.

*There is no charge to attend Coverage College® except for attorneys in private practice and non-sponsor vendors for whom tuition is $995. White and Williams LLP reserves

the right to limit the number of attendees from a single company.

When: Thursday, October 6, 2011

Where: Pennsylvania Convention Center 1101 Arch Street Philadelphia, PA 19107

Ways to Register: Registration is easiest online at www.whiteandwilliams.com. Click on the Coverage College® link located in the “Events” section of the home page. You may also complete the attached form and fax it to 215.789.7523, attention Katie McDonald.

PROGRAM INFORMATION AND REGISTRATION

First Name Last Name

Name as You Would Like it to Appear on Badge

Title

Company

Address

City State Zip

Email (required) Phone

Number of years experience in claims Types of claims handled

How did you hear about Coverage College?

Your registration permits White and Williams LLP to provide your contact information to the event sponsors. Photos may be taken at the event.Registration permits White and Williams LLP to use these photos for publicity or general information purposes.

REGISTRATION FORM Register Online at www.whiteandwilliams.com

Registration is easiest online at www.whiteandwilliams.com. You may also fax this completed form to Katie McDonald at 215.789.7523. Questions? Email us at events@whiteandwilliams.com or call 215.864.6381. There is no charge to attend Coverage College® except for attorneys in private practice and non-sponsor vendors for whom tuition is $995. White and Williams LLP reserves the right to limit the number of attendees from a single company.

Please Pre-Register For Your Masters Classes By Selecting One Per Session

MASTERS CLASS I (Choose one)

A Year In The Life Of Litigating Long-Tail Claims Coverage – Annual Update on Asbestos/LTE/Environmental Liability and CoveragePatricia B. Santelle and Shane R. Heskin

Role of Excess Carrier “Associated in” Trial AttorneyRobert G. Devine

Roundup of Recent D&O Coverage and Related Bad Faith Cases: Implications for Coverage and Claims StrategiesScott H. Casher and Leor J. Kaplan

Privacy, Cyber-liability, and Counterfeit Knock-offs: Emerging Issues in Personal and Advertising Injury.Joshua A. Mooney

MASTERS CLASS II (Choose one)

Class Action Litigation DevelopmentsMichael N. Onufrak

Construction Defect Mediations – Coverage Considerations, Strategy and Managing the Interplay Between Coverage Counsel, Defense Counsel and Insureds’ Personal CounselMark L. Parisi and Tony L. Miscioscia

Whistleblowing and Bribery: Increasing Exposures for Liability Insurers Under the Dodd-Frank Act and FCPAMaurice Pesso and Karen B. Mariscal

Who Owes What To Whom: Are Reinsurance Offsets Being Stretched Beyond Their Intended Purpose?Michael Olsan and Justin K. Fortescue

MASTERS CLASS III (Choose one)

Professional Liability Coverage vs. D&O Coverage With Professional Services Exclusions Larry J. Bistany and Celestine M. Montague

Going Green: Emerging Environmental Insurance Coverage IssuesPatricia B. Santelle and Robert F. Walsh

Recovery of Delay and Other Consequential Damages from “Performance Bond and Payment Sureties” Robert T. Carlton and Kimberly H. Scheidt

The Marcellus Shale Phenomenon: Impact on theInsurance IndustryPlatte B. Moring and Scott P. Borsack

MASTERS CLASS IV (Choose one)

Form and Substance: The Interplay Between State Unfair Insurance Practices Acts and Bad Faith LitigationEdward M. Koch and Christopher E. Ballod

Fraudulent Claims: The Proof is in the FileRobert Wright, Rafael Vergara, Jamie M. Merritt and Jay Shapiro

Navigating the Minefield: Disability, Family Leave and Workers’ Compensation Traps for the UnwaryDebbie R. Sandler and Anthony P. Salvinon

Credit Card Database Invasion and Cyber-insurance: Emerging Coverage and Liability IssuesRandy M. Friedberg and Robert Campbell

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Thursday, October 6, 2011 • Pennsylvania Convention Center

Enrollment for the Fifth Annual White and Williams Coverage College®

IS OFFICIALLY OPEN!

1650 Market StreetOne Liberty Place, Suite 1800Philadelphia, PA 19103