19th Annual Insurance Symposium

The 19th Annual Insurance Symposium is designed to educate the attendant on the practical and ethical aspects of evaluating, defending and litigating insurance coverage and bad faith claims. The presentation will provide an update on the current status of the law, emerging trends in the law, legal strategies, and potential considerations and solutions.  The presentations will include a broad spectrum of topics addressing workers compensation bad faith, certificates of insurance, extrinsic evidence and the duty to defend, Stowers and the right to independent counsel.

Agenda

Friday, March 30, 2012

8:00 AM - 8:50 AM - Registration
8:50 AM - 9:00 AM - Welcoming Remarks
9:00 AM - 11:45 AM - Presentations
11:45 AM - 12:45 PM - Lunch
12:45 PM - 3:30PM - Presentations
3:30 PM - 3:35 PM - Closing Remarks/Sign-Out

Continuing Education Credit:

TDI CE:  Provider #32551
This course is pending approval by the Texas Department of Insurance in the amount of 2.5 general credit hours and 2.5 ethics credit hours. Cooper & Scully, P.C. is a Texas Department of Insurance registered provider.

Texas MCLE:
This course is pending approval by the State Bar of Texas Committee on MCLE in the amount of 5.0 hours, of which 2.5 credit hours will apply to legal ethics/professional responsibility credit.

Presentation Topics

Damages in First Party Bad Faith

This topic will address the historical development of damages that have been recoverable under the Insurance Code as well as common law in first party bad faith cases. It was  provide an answer to the current controversy of whether the damages recoverable under the policy itself are damages for bad faith. Finally, the topic will address the non-economic damages that have been allowed in first party bad faith cases.

Diana Faust
Shareholder

Cooper & Scully, P.C.

Joanna Tollenaere
Senior Attorney
Cooper & Scully, P.C.

The Right to Independent Counsel

Mr. Dortch will focus on the duties under the common law and the Texas Insurance Code for liability insurers to furnish independent counsel to insureds. It will focus on what disclosures must be made regarding that right and what facts or circumstances will give  rise to the right and what facts and circumstances will not give rise to the right. Also discussed will be the impact on the coverage if the insured improperly demands the right to independent counsel.

Micah Dortch

Shareholder
Cooper & Scully, P.C.

Senate Bill 425 - Certificates of Insurance

Mr. Johnson will address the recent legislation passed regarding the approval of property and casualty certificates of insurance forms by the Texas Department of Insurance.  It will address the effects on insurance agents and insureds and what prohibits a property/casualty insurer and agent issuing certificates of insurance or other documents intended to be used as proof of coverage.  He/She will also talk about the penalties that can be assessed due to noncompliance.

Wes Johnson

Senior Attorney

Cooper & Scully, P.C.

Workers Compensation and Bad Faith

This presentation will focus on the resurgence of bad faith worker's compensation, the recent rash of large verdicts and what can be done to prevent such claims. The topic will also focus on what statutory and common law defenses are available to liability and damages.

Tara Sohlman

Senior Attoney
Cooper & Scully, P.C.

Mary Evelyn Whitehurst
Senior Associate
Cooper & Scully, P.C.

What is New in "Stowers?"

This topic will address recent developments in the Stowers area and what additional duties and responsibilities are owed by insurers and adjusters to their insured. The topic will focus on what was the general duty pronounced in the Stowers decision and the application of that duty in the handling of claims settlement today.

Fred Shuchart

Shareholder

Cooper & Scully, P.C.

Extrinsic Evidence and the Duty to Defend

 The speakers will discuss the changing landscape regarding the use of extrinsic evidence during the claims handling process and how reliance on extrinsic evidence effects an insurer's duty to defend. Discussion will include an overview of the evolving nature of the duty to defend and the "eight corners" rule by Texas courts.  Analysis will be provided on how the reliance on extrinsic evidence can affect the claims handling process regarding coverage determinations and potentially implicate consumer protection statutes such as Chapters 541 and 542 of the Texas Insurance Code regarding unfair claims settlement practices.

Elliott Cooper
Associate
Cooper & Scully, P.C.

Ray Khirallah
Associate
Cooper & Scully, P.C.

Standard of Review of Pleadings in the Duty to Defend

Mr. Cooper will address the rules that have been developed by the Texas Supreme Court on how pleadings are to be interpreted for the purposes of the duty to defend. It will focus on this history and purpose of some of the rules and how the rules are to be reconciled with each other. It will address the duties and responsibilities of adjusters when reviewing pleadings to determine whether or not a duty to defend is owed to the insured under the terms of the policy.

R. Brent Cooper

Shareholder
Cooper & Scully, P.C.

Taking the Corporate Representative's Deposition in a Coverage Case

In this presentation, the deposition of the corporate representative will be examined and the issues surrounding the ethical preparation and presentation of the witness will be discussed.  Who can be a witness, how the company should appropriately respond to requests for depositions, and the legal and ethical bases for obtaining corporate witness testimony will be reviewed.  This topic will examine how an insurer's witness can professionally and ethically assist the defense of the case with clear, accurate and forthright testimony. 

Tarron Gartner

Senior Attorney
Cooper & Scully, P.C.

Litigating the Duty to Indemnify

This topic will address the rules governing determination of the duty to indemnify. It will contrast the rules governing the duty to defend and will focus on what evidence can be used to determine whether a claim is or is not covered by a liability policy. It will also address the issue of what findings in an underlying case are and are not binding upon the insured and the insurer.

Jana Reist
Senior Associate
Cooper & Scully, P.C.

Steve Shattuck
Senior Attorney
Cooper & Scully, P.C.

Jury Selection in Coverage and Bad Faith Cases
This topic will address one of the most important parts of a coverage and bad faith case-the jury selection. It will focus on the goals to be accomplished by the insured and the insurer in jury selection. It will address the types of jurors typically sought by the insured and the insurer and will focus on strategies that can be employed at this early stage to develop a rapport and credibility with the jury.

Gordon K. Wright

Shareholder
Cooper & Scully, P.C.

Kyle Burke
Associate
Cooper & Scully, P.C.