8:55 Welcome and Introductions
9:00 Top 10 Insurance Law Decisions of 2021
Adam White, Pinto Coates Kyre & Bowers PLLC, Greensboro
In the past year, North Carolina courts have continued to issue opinions and rulings pertaining to interesting — or at least relevant — aspects of insurance law. This segment reviews, analyzes and discusses the most significant decisions from the past year in both North Carolina state and federal courts. Additionally, we look at other cases and opinions to gain insight into the practice beyond North Carolina and a possible preview of the trends or decisions that may impact North Carolina insurance law in the future.
9:46 Insurance Claims: Continuing Issues Arising From COVID-Related Losses
Gagan Gupta, Paynter Law, Hillsborough
Richard C. Worf Jr., Robinson Bradshaw & Hinson PA, Charlotte
Business interruption and other claims relating to COVID-19 continue to be prominent in court and in the news. It seems as if a new decision is rendered just about every day. This panel discusses trends in the litigation, including filings, key decisions and unanswered questions.
10:32 Break
10:42 Insurer ("But, Your Honor, There Is No Coverage for That") vs. Policyholder ("Yes, There Is, Your Honor")
Elizabeth A. Martineau, Martineau King PLLC, Charlotte
Michael T. Medford, Manning Fulton & Skinner PA, Raleigh
Explore insurance litigation strategies in concerning bad faith claims and claims under the Unfair and Deceptive Trade Practices Act (UDTPA). From the insurer's perspective, we discuss how to navigate rough waters to avoid and/or minimize fishing expeditions by the plaintiff during litigation. Additionally, we also look at the policyholder's perspective in prosecuting these types of claims.
11:31 The Economic Loss Doctrine
David S. Coats, Bailey & Dixon LLP, Raleigh
The recent Crescent University v. Trussway decision has caused lawyers to (re)consider current implications of this old rule, including its definition, scope and exceptions. Walk through what this decision means for claims against subcontractors and the design professional exception. Also discuss how it impacts insurance for subcontractors.
12:18 Lunch Break
12:48 Emerging Ethics*
Warren T. Savage, Lawyers Mutual Liability Insurance Company of North Carolina, Cary
New technologies and digital communications are pushing the limits of the Rules of Professional Conduct. Can we apply the rules designed for old-school law practice to the internet, email, blogging and social media? In this presentation, we discuss: (1) how ethics opinions are issued from the NC State Bar; (2) new and pending NC State Bar ethics opinions; and (3) updates on technology, advertising, and social media ethics opinions.
1:54 eCourts‡
Brad Fowler, North Carolina Administrative Office of the Courts, Raleigh
Sarvani Jami, North Carolina Administrative Office of the Courts, Raleigh
Kristina Soeder, North Carolina Administrative Office of the Courts, Raleigh
North Carolina is moving to an electronic filing system. Gain an understanding of the background information from members of the Administrative Office of the Courts and receive a demonstration of eFiling.
2:56 Break
3:06 The Tripartite Relationship in Insurance Defense*
David L. Brown, Goldberg Segalla, Greensboro (Moderator)
William A. Bulfer, Teague Campbell Dennis & Gorham LLP, Asheville
C. Douglas Maynard Jr., Law Offices of C. Douglas Maynard Jr. PLLC, Winston-Salem
Michael T. Medford, Manning Fulton & Skinner PA, Raleigh
Khrystyne Rasmussen, Butler Weihmuller Katz Craig LLP, Charlotte
Theodore "Ted" Smyth, Cranfill Sumner LLP, Raleigh (Moderator)
O. Craig Tierney Jr., Brown Crump Vanore & Tierney PLLC, Raleigh
Amy H. Wooten, Ward and Smith PA, Raleigh
Gain insight from a hypothetical scenario involving an explosion at a hotel, with both a first-party property loss and a third-party tort action arising out of the explosion. A group of participants role-play as counsel for various parties involved in the aftermath of the explosion — including representation of the policyholder, first-party coverage counsel, the insurance agent, plaintiff and defense counsel in the tort action, and coverage counsel for the defendant. While strategically representing their respective interests, the participants encounter a number of contentious points and address ethical issues that arise as they navigate to the conclusion of the hypothetical.
This session qualifies for 1.00 hour of Ethics/Professional Responsibility credit
4:38 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit
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