Continuing Legal Education

Recent Developments in Commercial General Liability Insurance Law - CHICAGO

June 7, 2012
8:00 a.m. – 12:45 p.m.
4.50 MCLE hours

ISBA Chicago Regional Office
20 S. Clark Street, Suite 900
(map and directions)

Increase your knowledge on Commercial General Liability insurance law
with this half-day seminar!
Learn how to protect your business clients against claims not covered under general insurance policies with the information and updates presented in this seminar. Insurance law attorneys, business advice practitioners, intellectual property lawyers, and environmental law attorneys will gain a better understanding of:
  • the issues that can arise when drafting Commercial General Liability (CGL) forms;
  • the new forms of insurance coverage being developed in an effort to resolve exposures;
  • intellectual property exposures;
  • developments in additional insured coverage;
  • the issues in CGL allocation modeling;
  • potential environmental exposures (including the U.S. Supreme Court decision in AEP v. Connecticut); and
  • insurance coverage for construction defect litigation.
    Please Note: Prior to the program, you will receive a weblink via email allowing you to access the course materials prior to the program. You will also receive a copy of the course materials (for no additional charge) when you arrive at the program, but will need to check the appropriate box on the registration page letting us know if you prefer a flash drive or printed course book.
Program Coordinator/Moderator:
David M. Kroeger, Jenner & Block, LLP, Chicago




8:00 – 8:45 a.m. Traditional Commercial General Liability Forms: The Challenge of the Electronic Age
Gain a better understanding of the issues that can arise when drafting a traditional Commercial General Liability insurance form, including the exposures that have occurred as a result of our electronic age. Changes to the traditional CGL forms and the development of new forms of insurance coverage – both as a means to rectify the exposure issue – are discussed throughout this presentation.
Ryan M. Henderson, Walker Wilcox Matousek, LLP, Chicago
8:45 – 9:30 a.m. Recent Developments in Commercial General Liability Coverage for Intellectual Property Exposures
This segment offers a look at the recent developments in Commercial General Liability insurance coverage for intellectual property exposures, including trademark, trade name, copyright, and patent infringement exposures. A discussion regarding the insurance industry’s ongoing efforts to address potential exposures is included.
Steven J. Ciszewski, Novack and Macey, LLP, Chicago
9:30 – 10:15 a.m. Recent Developments in Additional Insured Coverage
This segment focuses on the circumstances (whether by specific endorsement or automatic) under which an entity may become an additional insured, the coverages available to additional insureds, and the rights of additional insureds (with particular emphasis on the rights of the named insured under a Commercial General Liability policy).
Evan T. Knott, Reed Smith, LLP, Chicago
Noel C. Paul, Reed Smith, LLP, Chicago
10:15 – 10:30 a.m. Break (refreshments provided)
10:30 – 11:15 a.m. Recent Developments in Commercial General Liability Insurance – An Allocation Expert’s Perspective
This comprehensive discussion explores the current issues in Commercial General Liability (CGL) allocation modeling, including the role of the expert witness, methodologies for allocating loss amongst multiple CGL policies, the evidentiary burden placed on Illinois insureds with respect to modeling, the potential dilution of CGL coverage limits caused by UK solvent schemes (and other risk-shifting actions), and the learning curve for new defendants in dealing with “grizzled” insurance veterans. A discussion on how methodology transparency can lead to more effective settlement negotiations is also included.
Patrick McGrath, Navigant Consulting, Inc., Chicago
11:15 a.m. – 12:00 p.m. Recent Developments in Commercial General Liability Coverage for Environmental Exposures
This session examines the recent legal developments concerning potential environmental exposures, including the 2011 United States Supreme Court decision in AEP v. Connecticut[1], as well as the potential for coverage for those types of environmental exposures under CGL coverage forms.
Keri Holleb Hotaling, Jenner & Block, LLP, Chicago
David M. Kroeger, Jenner & Block, LLP, Chicago
12:00 – 12:45 p.m. Recent Developments in Insurance Coverage for Construction Defect Litigation
This presentation offers a look at the recent developments in Commercial General Liability Coverage for construction defects, specifically in regard to standard exclusions and the common exceptions to these exclusions. Topics include: “own product” and “own work” exclusions; “sistership” exclusion; and “loss of use” exclusion.
Bradley C. Nahrstadt, Williams Montgomery & John Ltd., Chicago