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Program Overview


Overview of the major coverage issues addressed in the recently approved ALI Restatement on liability insurance, which took almost a decade to finalize involving significant drafts and revisions to complete based on input from both the carrier and policyholder bars.

Special offer! Receive $50 off part 2 in this series. Details in confirmation email.


Who Should Attend

  • In-house claims counsel and adjusters who retain, monitor, and oversee coverage counsel
  • Insurance coverage practitioners
  • Defense counsel who are retained under liability policies
  • In-house claims counsel and adjusters who retain, monitor, and oversee defense counsel

What You Will Learn

  • What does the Restatement say about insurer supervision of defense counsel and liability for defense counsel’s actions?
  • How does the Restatement treat insureds’ rights to independent counsel?
  • How to settle a claim with Medicare issues;
  • What limits does the Restatement impose on an insurer’s termination of an insured’s defense?
  • What remedies does the Restatement authorize for breach of the duty to defend?

Speakers

William T. Barker

William T. Barker is a Senior Counsel in the Chicago office of Dentons U.S. LLP, with a nationwide practice representing insurers in complex litigation, including matters relating to coverage, claims handling, sales practices, risk classification and selection, agent relationships, and regulatory matters. He sometimes serves as an expert witness on matters of insurance, professional responsibility and standard of care. He is a co-author (with Ronald D. Kent) of NEW APPLEMAN INSURANCE BAD FAITH LITIGATION, SECOND EDITION and (with Charles Silver) of PROFESSIONAL RESPONSIBILITIES OF INSURANCE DEFENSE COUNSEL.

He has been described as the leading lawyer-commentator on the connections between procedure and insurance. See Charles Silver & Kent Syverud, The Professional Responsibilities of Insurance Defense Lawyers, 45 DUKE L.J. 255, 257 n.4 (1995). Mr. Barker is a member of the American Law Institute and was an Adviser to its now completed project on the Restatement of the Law of Liability Insurance.. He is Co-Chair of the Subcommittee on Bad Faith of the ABA Section of the Litigation Insurance Coverage Litigation Committee and a Vice Chair of the ABA Tort Trial & Insurance Practice Section ("TIPS") Committee on Insurance Coverage Litigation. He is a past Chair of the TIPS General Committee Board, the TIPS Ethics & Professionalism Committee, the TIPS Appellate Advocacy Committee, and the TIPS Robert B. McKay Law Professor Committee, and is Liaison from TIPS to the ABA Standing Committee on Ethics and Professional Responsibility and the ABA Standing Committee on Lawyers’ Professional Liability.


Laura A. Foggan

Laura A. Foggan is a partner in Crowell & Moring's Washington, D.C. office, where she is a member of the firm's Insurance/Reinsurance Group. She is described by LawDragon 500 Magazine as "one of the most successful advocates for the insurance industry to ever practice" and recently was named Washington DC Insurance "Lawyer of the Year" by Best Lawyers (2017). Serving as lead counsel in a wide range of complex insurance matters, such as coverage disputes involving environmental and toxic tort claims, construction, products liability, and privacy and cyber claims, among others.

Also represents insurers in bad faith and extra-contractual matters. Representing clients in both federal and state appellate courts. Has participated in more than 200 appellate cases including key national precedents on insurance issues. Represented the U.S. Chamber of Commerce as amicus curiae before the U.S. Court of Appeals for the Eighth Circuit in Perras v. H&R Block. The Eighth Circuit affirmed denial of class certification, citing the U.S. Chamber's amicus brief in its opinion. Argued before numerous federal circuits and state appellate courts.



Douglas R. Richmond

Douglas R. Richmond is Managing Director of the Professional Services Group of Aon Risk Solutions. Before joining Aon, he was a partner with Armstrong Teasdale LLP in Kansas City, Missouri. Doug is a co-author of Understanding Insurance Law (6th ed. 2012) and the lead author of Professional Responsibility in Litigation (2d ed. 2016). He teaches Legal Ethics at the Northwestern University School of Law and Insurance Law at the University of Florida College of Law. 





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