ISBA CLE

Insurance Law Update—2009

Presented by the ISBA Insurance Law Section and the ISBA Civil Practice and Procedure Section

Chicago
Friday, November 13, 2009
ISBA Regional Office
20 S. Clark Street (map and directions)
Suite 900
8:50 a.m. – 4:00 p.m.

5.50 MCLE credit hours, including .50* PMCLE credit hours

This program addresses important insurance issue updates that may affect you and your client. Topics include ethical considerations in tripartite relationships, bad faith litigation, error and omission coverage, Employee Retirement Income Security Act (ERISA), Medicare set-asides, lien and subrogation issues, uninsured/underinsured motorists, claims against insurers, insurance coverage issues, and the duties of the insurer and the insured. The program is designed for all levels of practitioners working in the areas of personal injury, workers’ compensation, family law, insurance, and commercial litigation.

Program Coordinators/Moderators:
Robert H. Hanaford, Law Offices of Robert H. Hanaford, LLC, Chicago
Robert Handley, Handley Law Offices, Carol Stream

8:50 – 9:00 a.m. Welcome and Introduction

9:00 – 9:30 a.m. Tri-Partite Relationship: Ethical Considerations for Insurance Defense Counsel*
The tri-partite relationship between a client, his/her attorney, and the defense liability insurer in contested coverage cases raises ethical and professional responsibility issues, which must be addressed to provide proper and competent representation to a client. This segment addresses the delicate ethical and professional concerns created by standard liability contracts that entitle insurers to control the defense of claims and by their instruction to defense attorneys who are empowered to speak in court for the insured.
William J. Sneckenberg, Sneckenberg, Thompson & Brody, Chicago

9:30 – 10:00 a.m. Bad Faith Litigation: Claims for Unreasonable Claim Practice, Penalties and Attorney Fees
In this segment, the speaker discusses bad faith claims against insurance companies in connection with both first party coverage (e.g. property/health/disability insurance) and third party coverage (liability insurance). The discussion covers statutory claims under Section 155 of the Insurance Code (215 ILCS § 155) and common law claims for a liability insurer’s failure to settle a claim against the insured within the policy limit.
James T. Nyeste, Attorney at Law, Chicago

10:00 – 10:30 a.m. Officer and Director Liability: Error and Omissions Coverage for Corporate Officers and Directors
This segment examines the liability issues of corporate officers and directors, including error and omission coverage issues.
David M. Kroeger, Jenner & Block, LLP, Chicago

10:30 – 10:45 a.m. Break

10:45 – 11:15 a.m. Getting a Grasp on the Employee Retirement Income Security Act
This segment provides an overview of the Employee Retirement Income Security Act with a focus on how it impacts personal injury and wrongful death settlements.
James A. Hansen, Schmiedeskamp, Robertson, Neu & Mitchell, Quincy

11:15 a.m. – 12:00 p.m. Medicare Set-Asides: Failure to Understand Medicare Set Asides May Cost You and Your Client Money
The speaker covers Medicare set-asides and how they have developed through the workers’ compensation context, as well as how they will be required in personal injury cases. The criteria for obtaining Medicare set-asides are also discussed.
Megan A. Byrnes, Pro Open Brokerage, Chicago

12:00 – 1:00 p.m. Lunch (on your own)

1:00 – 1:30 p.m. Settlement, Subrogation and Liens: Overview of Liens and Subrogation Issues that May Impact Your Client’s Case
The speaker discusses common lien and subrogation issues that oftentimes arise in personal injury cases, and offers practical advice for resolving these claims.
Frank A. Perrecone, Ferolie & Perrecone, Ltd., Rockford

1:30 – 2:15 p.m. Uninsured Motorists/Underinsured Motorists Claims and Hearings
In this segment, the speaker provides a case law update regarding uninsured and underinsured motorist claims, and also offers practice pointers for this topic area.
Mark L. Karno, Mark L. Karno & Associates, Chicago

2:15 – 2:30 p.m. Break

2:30 – 3:15 p.m. Theories of Recovery in Insurance Litigation
In this segment, the speaker uses case law citations, statutory citations, and guiding principles to outline first party insurance claim litigation, including causes of action, discovery, and trial.
Scott A. Blumenshine, Law Offices of Meyer & Blumenshine, Chicago

3:15 – 4:00 p.m. The Life of an Insurance Case: Including Coverage Issues, Duties of the Insurer and Insured
For general practitioners and trial lawyers, the most important Illinois insurance coverage topics demand a familiarity with certain milestones during the life of a personal injury or property damage suit. As the liability case unfolds, the attorney—whether representing plaintiffs or defendants—needs to ask whether there is insurance available to cover this loss. This presentation will focus on cases decided in Illinois in the last year that address some of the major insurance aspects that arise in handling liability suits.
Jill B. Berkeley, Howrey, LLP, Chicago

*Professional Responsibility PMCLE credit subject to approval