8:55 Welcome and Introductions
9:00 Top 10 Insurance Law Decisions of 2022
Adam White, Pinto Coates Kyre & Bowers PLLC, Greensboro
North Carolina courts continue to issue opinions and rulings pertaining to matters relevant to insurance law. During this segment, we review, analyze and discuss 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 additional insight regarding insurance law matters beyond our state, with a possible preview of the decisions that may impact North Carolina insurance law in the future.
9:46 Radiator Specialty Company v. Arrowood Indemnity Company: A Look at Trigger, Allocation, Exhaustion and More
Jonathan G. Hardin, Perkins Coie LLP, Washington, D.C.
Radiator Specialty Company involved multiple liability insurers with primary, umbrella and excess policies over decades. The questions on appeal asked — when the same loss spans multiple years — which policy years are triggered, how do parties allocate coverage across multiple years, and what primary policies must exhaust before umbrella/excess coverage responds? The speaker, who represents the plaintiff in that lawsuit, provides insights on the Supreme Court's decision, as well as trial court legal and evidentiary rulings that were not appealed, which could impact coverage disputes in this state.
10:45 Resolution of Property Insurance Claims Through Appraisal and Mediation
Andrew P. Flynt, Young Moore and Henderson PA, Raleigh
Rebecca Huffman Ugolick, Howard Stallings From Atkins Angell & Davis PA, Raleigh
Speakers discuss options for resolving coverage disputes pre- and post-litigation, with a focus on the appraisal process, mediation and common issues that arise during both. Then delve into the scope of a court's involvement in the appraisal process. This segment provides an opportunity to gain insights from the perspectives of the insurer and the policyholder.
11:44 Sex, Unauthorized Practice of Law and Trust Accounting*
Joshua Walthall, Boerema Blackton, Raleigh
A former NC State Bar prosecutor discusses common ethical issues and how to avoid them. Topics include inappropriate relationships with clients, the unauthorized practice of law and trust accounting.
12:45 Lunch Break
1:15 Uninsured and Underinsured Motorist Claims: When Can an Insured Stack Insurance Policies?
William F. Lipscomb, Lipscomb Law Firm, Wilkesboro
During this presentation, the speakers examine the North Carolina Financial Responsibility Act, N.C. Gen. Stat. § 20-279.21, concerning uninsured and underinsured motorist claims, and specifically address N.C. Farm Bureau Mutual Insurance Company v. Hebert and the issue of policy stacking.
2:00 Insurance Claims: Continuing Issues Arising From COVID-Related Losses
Gagan Gupta, Tin Fulton Walker & Owen, Chapel Hill
Spencer T. Wiles, Robinson Bradshaw, Charlotte
The speakers provide an update concerning business interruption and other claims related to COVID-19. This includes a review of trends in litigation, key decisions, and a discussion of previously unanswered questions concerning COVID-19 litigation.
2:54 Cybersecurity: A New Year's Resolution‡
C. Patrick F. Brown, Lawyers Mutual Liability Insurance Company of NC, Cary
Today's cyber age creates many opportunities and advantages for attorneys and clients alike. Unfortunately, bad actors leverage those same platforms to steal money and information as well. Hear about common threats facing attorneys and clients today, including phishing, ransomware, smart devices, data breaches and more. Then learn some quick and easy tips and tools to help meet your ethical obligations, foil the scammers, and keep you and your clients safe.
* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit
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