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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.

Who Should Attend

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

What You Will Learn

  • Gain an understanding of the process by which Restatements are created and of the common misconceptions with respect to how Restatements relate to “common law” or "majority" rules.
  • Trace the twists and turns wherein the American Law Institute ultimately adopted its own version of the “plain meaning” rule for interpreting liability insurance policies.
  • Understand the Restatement’s framework for analyzing when affirmative misstatements or omissions may void coverage based on principles of misrepresentation.
  • What role does this Restatement contemplate for excess insurers and will primary insolvencies or “exhaustion by settlement” trigger excess obligations?
  • What is the scope of contemplated coverage for injuries resulting from intentional acts and do principles of public policy preclude coverage for punitive damages?

Speakers

Michael F. Aylward

Michael F. Aylward is a senior partner in the Boston office of Morrison Mahoney LLP, where he chairs the firm’s complex insurance coverage practice group. For the past 25 years, Mr. Aylward has represented insurers around the country in disputes with their policyholders, including bad faith, intellectual property disputes, environmental and mass tort claims and construction defect litigation. He has also testified as an expert in cases involving coverage and reinsurance issues. Mr. Aylward is a past chair of DRI’s Insurance Law Committee and serves on its Law Institute.





Joanne M. Locke

Joanne M. Locke is Vice President and Associate General Counsel at Liberty Mutual Insurance Group in Boston, manages Liberty's Corporate Legal Coverage Group. Her team provides advice to Liberty's Commercial Insurance and U. S. Consumer Markets business units on coverage and related issues and works closely with internal clients and outside counsel on all types of domestic coverage litigation. Ms. Locke is a member of the American Law Institute.





Laura A. Foggan

Thomas Chaseman is an Associate General Counsel with AIG where he oversees nationwide insurance claims litigation involving AIG member companies and provides legal advice to claims operations. Before joining AIG in 2007, Mr. Chaseman was engaged in private practice in New Jersey and New York including representing policyholder clients. Mr. Chaseman is author of “Trial Monitoring: A Reference Manual for Practitioners” as well as other publications and writings.







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