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Understanding Coverage Issues, Ethical Concerns and Remote Proceedings in Response to COVID-19 and More (2021 Insurance Law Section CLE)

8:25        Welcome and Introductions

8:30        Top 10 Insurance Law Decisions of 2020

Joshua D. Davey, Troutman Pepper Hamilton Sanders LLP, Charlotte

The always-popular "Top 10" session returns for 2021. Review the 10 or so most significant insurance law decisions from the preceding year, in North Carolina and nationwide.

9:15        Break

9:25        Bad Faith Cases: Preparation and Trial

R. Hugh Lumpkin, Reed Smith LLP, Miami, FL

Discuss the common and key issues in the preparation for and trial of an insurance bad faith case, including litigation immunity, common discovery problems like general business practice proof and other claims evidence, proving intent, industry standards and their sources, and damages, including punitive damages. While the presentation focuses on North Carolina law, significant developments in national trends are also addressed.

10:10      Break

10:20      Insurance Claims Arising from COVID-19 Related Losses

Deborah J. Bowers, Pinto Coates Kyre & Bowers PLLC, Greensboro
Richard C. Worf, Robinson Bradshaw & Hinson PA, Charlotte

COVID-19 interrupted a lot of businesses: restaurants, theater, fitness centers, sports arenas, hair and nail salons, spas, and more. The list is long and varied. The financial losses to business — big, small and in between — promises to be a hot topic for years to come. The proverbial $64,000 question is: "Is there insurance coverage for that?" Hear a discussion from both the insurer's perspective (Bowers) and the policyholder/insured's perspective (Worf).

11:05      Break

11:15      Choice of Law Issues in Insurance Cases

R. Steven DeGeorge, Robinson Bradshaw & Hinson PA, Charlotte

Choice of law can be outcome-determinative in many coverage actions because states resolve coverage actions based on widely differing rules. Examples include trigger of coverage, extra-contractual recovery, bad faith elements, late notice requirement for insurer prejudice, and "all sums"coverage for long-tail claims. Because most insurers cover interests in all 50 states, attorneys contemplating litigation typically have venue options, with choice of law governed by the forum state. This session discusses strategies to take advantage of these options, including consideration of N.C.G.S. § 58-3-1, which effectively requires application of North Carolina law to policies covering "property, lives, or interests" in North Carolina.

12:00      Lunch Break

12:30      Remote/Virtual Proceeding from the Judge’s Perspective: Advice, Suggestions and Observations

Judge Richard D. Dietz, North Carolina Court of Appeals, Raleigh
Judge Paul C. Ridgeway, North Carolina Superior Court, Raleigh
Susan H. Boyles, Kilpatrick Townsend & Stockton LLP, Winston-Salem (Moderator)

We are now having hearings and arguments remotely, via Zoom and other internet video services, at both the trial-court level and the appellate-court level. In this segment, two highly respected judges — one from the trial court (Judge Ridgeway) and one from the Court of Appeals (Judge Dietz) — share their advice, suggestions and observations to help practitioners with these new developments.

1:15        Break

1:25        Remote/Virtual Proceedings: Technical Aspects, Tips and Best Practices‡

David C. Roberts, Veritext Legal Solutions, Charleston, SC
Tom Towey, Veritext Legal Solutions, Atlanta, GA

In July 2020, the NC Legislature extended the deadline on remote oaths to be effective until March 1, 2021. Although remote depositions and remote mediations are not a new frontier, for many, they present a new way of practicing law. During this session, attendees learn how to take proceedings from the physical, in-person world to the virtual world. Explore best practices and key considerations for your virtual proceedings, including demonstrations in remote and exhibit-sharing tools, discussions on how to keep your remote proceedings secure, and more.

2:25        Break

2:35        Ethics in the Coronavirus Age: The More Things Change, the More They Remain the Same*

Mark A. Scruggs, Lawyers Mutual Liability Insurance Company of North Carolina, Cary

As of the date of this program, we will be nearly one year past the onset of the coronavirus. Our practices have changed dramatically — working from home, Zoom meetings and hearings, remote depositions, and more — but the ethical requirements remain constant. Mark Scruggs of Lawyers Mutual provides a timely update.

3:35        Break

3:45        Psychology of Transitions†

Robynn E. Moraites, North Carolina Lawyer Assistance Program, Charlotte

Transition appears in myriad forms throughout our lives and careers: getting married, getting divorced, having children, children leaving for college, moving to a new town, leaving a law firm, changing practice areas, retiring ... the list goes on. Add to that, many of us spend our days counseling and advising clients who face major change arising from insurance coverage disputes, starting a new business, selling a business, business breakups, personal injuries and the like. This session examines the unspoken "elephants in the living room" that directly impact and influence our ability (or seeming inability) to welcome or embrace transition and change. Transition is never easy, but with increased awareness of the invisible forces within us that fight transition, it need not be so difficult.

4:45        Adjourn

*Indicates portion providing Ethics/Professional Responsibility credit
†Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit


Description

The 2021 Insurance Law Section CLE includes topics that have emerged as a result of COVID-19, as well as other topics that continue to resurface in insurance law litigation. Being mindful of the various ways in which the legal community has been impacted by the pandemic, this CLE aims to provide insight into emerging challenges while also keeping attendees apprised of other key insurance law issues.

Contributors

  • Deborah J. Bowers

    Deborah J. Bowers, Pinto Coates Kyre & Bowers PLLC, Greensboro

    Click here for more information about Deborah.

  • Susan H. Boyles

    Susan H. Boyles, Kilpatrick Townsend & Stockton LLP, Winston-Salem

    Click here for more information about Susan.

  • Joshua D. Davey

    Joshua D. Davey, Troutman Pepper Hamilton Sanders LLP, Charlotte

    Click here for more information about Joshua.

  • R. Steven DeGeorge

    R. Steven DeGeorge, Robinson Bradshaw & Hinson PA, Charlotte

    Click here for more information about Steven.

  • Judge Richard D. Dietz

    Judge Richard D. Dietz, North Carolina Court of Appeals, Raleigh

    Click here for more information about Judge Dietz.

  • Lenneka H. "Nikki" Feliciano

    Lenneka H. "Nikki" Feliciano, Pinto Coates Kyre & Bowers PLLC, Greensboro

    Click here for more information about Nikki.

  • Daniel J. Knight

    Daniel J. Knight is an associate attorney with Parker Poe Adams & Bernstein, LLP in Raleigh. Daniel focuses his practice in the area of construction litigation representing owners, contractors, and design professionals in construction disputes. In addition to his construction practice, Daniel has represented and advised clients in connection with product liability claims, personal injury claims, and consumer complaints. Daniel has frequently spoken to industry groups on a range of construction topics including changes to standard form AIA contracts, delay claims, and commercial general liability insurance in the context of construction claims.

    Daniel currently serves as a co-chair for the Construction Law Section's CLE Committee. In addition to his commitment to the Construction Law Section, Daniel is actively involved in the NCBA's Insurance Law Section serving as a Council Member, the Section's YLD Liaison, and serving as a co-chair for both the Section's CLE Committee and Blog Committee.

    Daniel is originally from Wake Forest, North Carolina and received his B.A. degrees in History and Political Science from North Carolina State University in 2010 and his J.D. degree from Campbell University School of Law in 2014.

    Click here for more information about Daniel.

  • R. Hugh Lumpkin

    R. Hugh Lumpkin, Reed Smith LLP, Miami, FL

    Click here for more information about Hugh.

  • Robynn E. Moraites

    Robynn E. Moraites is a medical educator and a lawyer. She graduated from Florida State University, magna cum laude, with a B.S. degree. Her work as a medical educator at the University of Miami School of Medicine included running a public health program where she developed continuing education programs for medical professionals and organized events for targeted, hard-to-reach professional populations.

    Robynn attended the University of North Carolina School of Law and in 2004 earned her J.D., with honors, along with a master's degree in city and regional planning. Her first position after law school was with what is now McGuire Woods, formerly Helms Mulliss & Wicker, where she worked with the litigation and environmental practice groups. From there, she transitioned to an in-house counsel position with Premier, Inc., a national health care company. Subsequently, she joined the firm of Bringewatt & Snover, where she developed a general commercial practice, specializing in municipal, education and health care law. She left Bringewatt & Snover in 2011 as a partner to take the position of director of the North Carolina Lawyer Assistance Program.

    Robynn is a member of the North Carolina Bar Association and the ABA. Previously, she was an active LAP volunteer. She enjoys volunteering time to organize and develop retreats and recovery conferences and has organized numerous such events over the years.

    Click here for more information about Robynn.

  • Judge Paul C. Ridgeway

    Judge Paul C. Ridgeway is Senior Resident Superior Court Judge of the 10th Judicial District (Wake County), North Carolina. Judge Ridgeway received his B.S. (’82) and M.P.A. (’90) from N.C. State University, and his J.D. from Campbell School of Law (’86), where he served as Editor-in-Chief of the law review. Following law school, Judge Ridgeway received a post-graduate degree from the University of Amsterdam in the law of the European Community. Prior to becoming a judge in 2007, Judge Ridgeway was engaged in the private practice of law for 20 years, primarily in the fields of commercial litigation and transactions. Judge Ridgeway has served as President of the Wake County Bar Association and as a Vice President of the NCBA.

    For 25 years, Judge Ridgeway has also been an adjunct professor of law at Campbell School of Law, where he teaches seminars in International Litigation and Law & Public Policy.

    Click here for more information about Judge Ridgeway.

  • David C. Roberts

    David C. Roberts, Veritext Legal Solutions, Charleston, SC

    Click here for more information about David.

  • Alan M. Ruley

    Alan M. Ruley, Bell Davis & Pitt PA, Winston-Salem

    Click here for more information about Alan.

  • Mark A. Scruggs

    Mark A. Scruggs joined Lawyers Mutual in March 2001 as claims counsel. Formerly a partner with Spear, Barnes, Baker, Wainio & Scruggs, LLP in Durham, Mark has over 14 years" experience as a trial attorney concentrating in insurance defense litigation. For the last 15 years, Mark has worked with Lawyers Mutual primarily in litigation-related claims and workers compensation and family law matters.

    He is a 1986 cum laude graduate of Campbell University School of Law. Mark is a past chair of the Law Practice Management section of the North Carolina Bar Association. He has served as an Advisory Member of the State Bar Ethics Committee and is currently serving as an Advisory Member of the Authorized Practice Committee of the North Carolina State Bar. He also serves as c-chair of the North Carolina Bar Association's "Transitioning Lawyers Commission" working to address issues facing aging lawyers.

    Click here for more information about Mark.

  • Tom Towey

    Tom Towey, Veritext Legal Solutions, Atlanta, GA

    Click here for more information about Tom.

  • Richard C. Worf

    Richard C. Worf, Robinson Bradshaw & Hinson PA, Charlotte

    Click here for more information about Richard.

January 29, 2021
Fri 8:25 AM EST

Duration 8H 20M

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