EMERGING LITIGATION AND REGULATORY DEVELOPMENTS IN INSURANCE LAW A SYMPOSIUM

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1 AMERICAN BAR ASSOCIATION TORT TRIAL & INSURANCE PRACTICE SECTION & THE AMERICAN INSURANCE ASSOCIATION JOIN TOGETHER TO BRING YOU EMERGING LITIGATION AND REGULATORY DEVELOPMENTS IN INSURANCE LAW A SYMPOSIUM Co-Sponsored by: Corporate Counsel Committee, Employee Benefits Committee, Excess Surplus Lines and Reinsurance Committee, Insurance Coverage Litigation Committee, Insurance Regulation Committee, Life Insurance Law Committee, Self-Insurers and Risk Managers Committee, Task Force on Strategic Alliances, Trial Techniques Committee, and Life Insurance Counsel. November 8, 2007 Westin Chicago River North Hotel Bringing Together Plaintiffs Attorneys, Defense Attorneys, and Insurance and Corporate Counsel for the Exchange of Information and Ideas West, a Thomson Business, is the primary sponsor of the Tort Trial & Insurance Practice Section

2 WELCOME Dear Friends and Colleagues: The American Bar Association s Tort Trial & Insurance Practice Section (ABA/TIPS) and the American Insurance Association (AIA) are pleased to announce the third installment in an ongoing series of conferences to be held at the Westin Chicago River North on November 8, We encourage you to attend our welcoming/networking reception on Wednesday, November 7th from 6:00-7:30 p.m. The conference program will provide a comprehensive exploration of challenging and emerging litigation developments and cutting edge responses that are vital to the interests of litigation and regulatory attorneys, general counsels, corporate counsels and their staff, senior claims, underwriting and compliance management and their staff. The faculty for this conference is impressive, and includes prominent members of the judiciary, current and former state insurance regulators and noted experts in tort, coverage litigation and insurance regulatory law. The topics to be considered have broad applicability to litigation and regulatory issues affecting all segments of the insurance industry, property and casualty, life and health. No doubt this will be a lively and interactive program one that anyone with a professional stake in insurance litigation and regulation cannot afford to miss. We want to extend a personal invitation to each of you to join us in Chicago. Mark your calendars, make your travel arrangements and plan to join us! PROGRAM CO-CHAIRS: Robert M. Ferm Hall & Evans, LLC Denver, CO ADVISORY ORGANIZING COMMITTEE: Danielle L. Gilmore Quinn Emanuel Urquhart Oliver & Hedges, LLP Los Angeles, CA John Anthony Knapp Winthrop & Weinstine Minneapolis, MN Brooks R. Magratten Vetter & White Providence, RI Ronald L. Richman Bullivant Houser Bailey San Francisco, CA Stef Zielezienski Senior Vice President & General Counsel American Insurance Association Susan T. Stead Nelson, Levine de Luca & Horst Columbus, OH Ken Stoller Senior Counsel American Insurance Association Kathleen J. Wharton Consumer Credit Industry Association

3 FACULTY John Beisner O Melveny & Myers Peter Bennett Chair of TIPS ABA Portland, ME Craig A. Berrington Wiley Rein James M. Burns Williams Mullen PC Jane M. Byrne Quinn Emanuel Urquhart Oliver & Hedges, LLP Robert M. Ferm Hall & Evans, LLC Denver, CO Sonya Hamlin Sonya Hamlin Communications Jordon E. Harriman Lewis, Brisbois, Bisgaard & Smith, LLP Los Angeles, CA Mark S. Hersh Reed Smith Judge Michael Hyman Cook County Circuit Court Judge Matthew Kennelly USDC N.D. Illinois John A. Knapp Winthrop & Weinstine Minneapolis, MN Brooks R. Magratten Vetter & White Providence, RI Michael McRaith Director Illinois Insurance Department Springfield, IL Lawrence H. Mirel Wiley Rein Robert D. Phillips Reed Smith LLP San Francisco, CA Joshua I. Rothman Fitzpatrick, Cella, Harper & Scinto Susan T. Stead Nelson, Levine, de Luca & Horst Columbus, OH Jeffrey Thomas Mitchell, Williams, Selig, Gates & Woodyard Little Rock, AR David S. Turetsky LeBoeuf, Lamb, Greene & MacRae William A. Webster Robins, Kaplan, Miller & Cerisi, LLP Minneapolis, MN Stef Zielezienski Senior Vice President and General Counsel American Insurance Association

4 Registration Form ABA Tort Trial & Insurance Practice Section (TIPS) American Insurance Association EMERGING LITIGATION AND REGULATORY DEVELOPMENTS IN INSURANCE LAW A SYMPOSIUM November 8, 2007 REGISTRANT: (Please print or type one form per person; photocopy this form for additional registrants) LAST NAME FIRST NAME MI NAME AS YOU WISH IT TO APPEAR ON YOUR BADGE FIRM/COMPANY WHAT STATE(S) ARE YOU LICENSED IN? ADDRESS CITY STATE ZIP (AREA CODE) BUSINESS TELEPHONE FACSIMILE ADDRESS Are you attending your first ABA/TIPS or AIA Program? Yes No I am a member of the ABA and wish to join the Tort Trial & Insurance Practice Section. I have enclosed a separate check for $50 made payable to the American Bar Association. REGISTRATION FEES: On or Before After 10/17 10/17 QTY TOTAL AIA/TIPS member $350 $375 $ ABA Member $400 $425 $ General Attendee $425 $450 $ Law Student $150 $175 $ Total Payment Due $ PAYMENT INFORMATION Check (made payable to the ABA) American Express MasterCard VISA Credit Card Number Expiration Date Signature THREE WAYS TO REGISTER 1. ONLINE: 2. MAIL: American Bar Association Tort Trial & Insurance Practice Section 321 North Clark Street FAX: 312/ American Bar Association Tort Trial & Insurance Practice Section 321 North Clark Street Chicago, Illinois 60610

5 program Agenda Wednesday November 7, :00 p.m. - 6:00 p.m. REGISTRATION 6:00 p.m. - 7:30 p.m. WELCOME RECEPTION Thursday November 8, :30 a.m. 8:20 a.m. REGISTRATION AND CONTINENTAL BREAKFAST 8:20 a.m. 8:30 a.m. WELCOMING REMARKS AND INTRODUCTIONS Stef Zielezienski Senior Vice President & General Counsel AIA Peter Bennett Chair of TIPS ABA Portland, ME 8:30 a.m. 9:45 a.m. FIRST MORNING SESSION Attorneys Fees: Latest Developments in Complex Litigation Our opening session will examine trends in attorney fee awards, how fee awards are calculated, and strategies to defeat or reduce fee awards. Our distinguished panel will examine trends and methods of awarding fees, and practical tips for opposing and/or reducing fee awards in complex litigation. The discussion regarding how fees are calculated will be led by Judge Matthew Kennelly of the USDC N.D. Illinois. Speakers: Brooks R. Magratten Judge Michael Hyman Vetter & White Cook County Circuit Court Providence, RI Robert D. Phillips Judge Matthew Kennelly Reed Smith LLP USDC N.D. Illinois San Francisco, CA 9:45 a.m. 10:00 a.m. BREAK

6 10:00 a.m. 11:00 a.m. SECOND MORNING SESSION Bad Faith: Avoiding It, Spotting It, Litigating It How does the genuine dispute or fairly debatable doctrine apply? Can there be bad faith claims handling if the denial itself is reasonable? Does the claims handler have to consult interpretive material to avoid bad faith? What are the pros and cons of involving outside coverage counsel in the claims investigation? What is the standard of care by jurisdiction? Moderator: Jane M. Byrne Quinn Emanuel Urquhart Oliver & Hedges, LLP Speakers: Jordon E. Harriman William A. Webster Lewis, Brisbois, Bisgaard Robins, Kaplan, Miller & Smith, LLP & Cerisi, LLP Los Angeles, CA Minneapolis, MN Mark S. Hersh Reed Smith 11:00 a.m. 12:00 p.m. THIRD MORNING SESSION Internal and External Investigations: Attorney-Client Privilege and other Legal and Ethical Issues Are undercover investigations by lawyers ethically permissible? How does the attorney/client privilege apply to fact investigation? Can ex parte communications be used in investigations? Our expert panelists, including a regulatory litigator, former government regulator and a trial lawyer, will tackle these questions and delve into recent developments in the law and the legal ethics that shape how government, regulatory and trial lawyers conduct fact investigations. Learn how to effectively respond to investigations from panelists who conduct fact investigations for their clients and those that represent parties responding to investigations. Moderator: John A. Knapp Winthrop & Weinstine Minneapolis, MN Speakers: Joshua I. Rothman Jeffrey Thomas Fitzpatrick, Cella, Mitchell, Williams, Selig, Gates Harper & Scinto & Woodyard Little Rock, AR Susan T. Stead Nelson, Levine, de Luca & Horst Columbus, OH

7 12:15 p.m. 1:30 p.m. LUNCH & KEYNOTE SPEAKER 1:30 p.m. 1:40 p.m. OPENING REMARKS Robert M. Ferm Hall & Evans, LLC Denver, CO Sonya Hamlin Sonya Hamlin Communications Sonya Hamlin the Communicator s Communicator, is a nationally recognized expert. Ms. Hamlin s major focus is on business communication, verbal and visual. She conducts seminars worldwide and consults privately with CEO s and senior executives in many Fortune 500 corporations. Ms. Hamlin is also a pioneer in the field of courtroom communication, having created that course at the Harvard Law School. She lectures world wide and consults on cases with law firms, consulting on juries, advocacy skills, preparing witnesses, developing strategies, and creating visual presentations of evidence. 1:40 p.m. 2:50 p.m. FIRST AFTERNOON SESSION Regulation Through Litigation: An Examination of the Growing Role of State Attorneys General and Implications for the Property-Casualty Insurance Industry 2:50 p.m. 3:00 p.m. BREAK The McCarran-Ferguson Act Balancing Regulatory and Antitrust Policy This session will examine the background of the McCarran- Ferguson Act, the regulatory system established pursuant to that Act, and the implications of recent Congressional efforts to repeal the limited antitrust protection without addressing the regulatory dynamic. Speakers: Craig A. Berrington David S. Turetsky Wiley Rein LeBoeuf, Lamb, Greene & MacRae James M. Burns Williams Mullen PC

8 3:00 p.m. 3:50 p.m. SECOND AFTERNOON SESSION Regulation Through Litigation in Property-Casualty Insurance This session will look at recent efforts by private plaintiffs to pursue insurance regulation through the court system, including a discussion of whether those efforts aid or harm the ability of state insurance departments to carry out their executive responsibilities. Speakers: Michael McRaith Director Illinois Insurance Department Springfield, IL Lawrence H. Mirel Wiley Rein 3:50 p.m. 4:50 p.m. THIRD AFTERNOON SESSION State Attorney General Regulation Through Litigation Blurring of Public Responsibility and Private Interest This session will review the increasing trend of private outsourcing of public interest litigation by state attorneys general, and legislative efforts to curtail this trend. Moderator: Stef Zielezienski AIA Speaker: John Beisner O Melveny & Myers

9 General Information HOTEL DEADLINE: OCTOBER 17, 2007 REGISTRATION DEADLINE: OCTOBER 17, 2007 ADVANCE REGISTRATION Visit the ABA/TIPS website to register online at or complete the registration form included in this brochure. The registration fee includes admission to the program, course materials, continental breakfast, lunch and cocktail reception. If you wish to have your name appear on the pre-registration list distributed at the program, we must receive your meeting reservation no later than Wednesday, October 17, Registration reservations will be confirmed in writing within 10 business days. ON-SITE REGISTRATION On-site registrations will be accepted if space is available. Call Donald Quarles at 312/ or 72 hours prior to the program to confirm that space is available. On-site registrants must pay the program fee by credit card or check made payable to the American Bar Association. A $25 fee will be charged to individuals registering on-site. CANCELLATION POLICY No registration fee refunds will be granted for cancellations received after October 17, In order to receive a refund (less a $100 administrative fee), the ABA must receive written cancellation by October 17, Registrants who are unable to attend may send a substitute or will receive course materials in lieu of a refund. AIRLINE INFORMATION You are encouraged to make your airline reservations on the ABA Online Travel site where you automatically receive ABA airfare discounts from a variety of carriers and can view and purchase other low fare options including web fares. To access ABA Online Travel, go to and click on the link at the bottom of the ABA Calendar box. ABA Discounted Meeting Airfares are available through ABA Online Travel, Travelocity Business or directly from the airline. The 24/7 toll-free number for Travelocity Business is 866/ The following is the ABA Discount code for American Airlines which you must use to receive the ABA percentage discount or zone fare: American Airlines ABA Code: / HOTEL INFORMATION Westin Chicago River North Hotel Reservations can be made by calling 312/ A limited number of rooms have been blocked for program registrants of the ABA/TIPS/AIA Insurance Litigation Conference at the Westin Chicago River North Hotel, 320 North Dearborn Street, for a hotel room rate of $299 S/D plus 15.40% tax. For reservations, please call the hotel directly at 312/ The room block will be held until exhausted or until Wednesday, October 17, 2007 at 5:00 p.m. (CST). After the meeting specified hotel deadline, reservations will be confirmed based on availability. Please refer to the ABA/TIPS/AIA Insurance Litigation Program when calling the hotel to make reservations. Hotel check-in is 3:00 p.m. and checkout is 12:00 p.m. (Noon). All reservations must be guaranteed by credit card or deposit check. Individuals with guaranteed reservations must cancel their reservations by 72 hours on the scheduled day of arrival to avoid a one-night cancellation charge. CLE INFORMATION Accreditation will be requested for this program from every state with mandatory continuing legal education (MCLE) requirements for its lawyers. Please be aware that each state has its own rules and regulations, including its definition of CLE. Check with your state agency for confirmation of this program s approval. Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to that state. Certificates of attendance will be available at the conclusion of the program. In order to receive CLE credit, all attorneys will be required to sign-in on the sign in sheets and obtain a Uniform Certificate of Attendance. Registration fees must be paid in full before registrants can receive credit. You may contact the ABA Service Center toll free at 800/ or Donald Quarles at 312/ for confirmation of the number of CLE credit hours requested by the ABA or credit approved by any particular state. MEMBERSHIP INFORMATION For more information about membership in the ABA or the Tort Trial & Insurance Practice Section (TIPS), please visit us online at or call 800/ Membership in TIPS includes three industryleading periodicals, discounts of up to 20% on many TIPS CLE programs, and other career and practice-enhancing benefits. Join TIPS today! PERSONS WITH DISABILITIES Services for persons with disabilities are available. If special arrangements are required for an individual to attend this program, please notify the ABA promptly at 312/ Reasonable advance notice is requested. GET CONNECTED WITH TIPS! Information on this and other TIPS CLE programs is available online at Visit us and get connected! SCHOLARSHIPS AVAILABLE! ATTENTION TIPS MEMBERS: Scholarships are available for all Section activities, courtesy of the TIPS Scholarship Fund. The Fund, established with the International Risk Management Institute ( IRMI ) and supported by subscriptions to the IRMI CGL Reporter, is intended to increase membership involvement in TIPS activities among minorities, solo and small firm practitioners, government attorneys, women, and young lawyers by providing financial support to those who would otherwise be unable to participate. To request an application or receive additional information, visit or contact Linda Wiley at 312/

10 EMERGING LITIGATION AND REGULATORY DEVELOPMENTS IN INSURANCE LAW A SYMPOSIUM November 8, 2007 Westin Chicago River North Hotel American Bar Association Tort Trial & Insurance Practice Section 321 North Clark Street Chicago, Illinois #64227 First Class PRSRT U.S. Postage Paid Documation