Insurance Law in Practice (2024 Insurance Law Section Program)

8:55 Welcome and Introductions

9:00 "Top 10" Insurance Law Decisions

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

During this segment, we review, analyze and discuss the most significant decisions involving insurance law from the past year in North Carolina state and federal courts. The presentation also addresses cases and opinions from other states that may impact North Carolina insurance law in the future.

10:04 Uninsured/Underinsured Motorist Coverage UM/UIM Primer and Perspectives

C. Douglas Maynard Jr., Law Office of C. Douglas Maynard Jr. PLLC, Winston-Salem

New to auto torts? In need of a refresher? This primer is for you! Whether you're taking your first auto torts case or your thousandth, take key insights into UM/UIM coverage and the Motor Vehicle Safety and Financial Responsibility Act from this session. Insurance expert Doug Maynard covers the basic mechanics of current laws, offers a historical perspective on how the current laws took shape and how they have recently changed, and highlights special topics for more seasoned practitioners.

11:00 Break

11:10 Ethics and the Tripartite Relationship^*

Walter E. Brock Jr., Young Moore and Henderson PA, Raleigh
Warren T. Savage, Lawyers Mutual Liability Insurance Company of NC, Cary

This session explores current issues involving ethics in the practice of law and highlights ethical considerations in the tripartite relationship in insurance defense.

12:16 Lunch Break

12:46 Mediating the First-Party Insurance Case

Scott C. Hart, Sumrell Sugg, New Bern
Robert H. "Robby" Jessup, Howard Stallings From Atkins Angell & Davis PA, Raleigh
Jennifer Welch, Cranfill Sumner LLP, Raleigh

Witness a mock mediation with strategies to help navigate situations commonly encountered in first-party insurance claims. The focus of this session is on client preparation and effective strategies before and during mediation. Scott Hart serves as mediator and host, Robby Jessup provides analysis and remedies to protect the policyholder, and Jennifer Welch provides insight into representing the insurance carrier.

2:18 Break

2:28 A Most Stressful Profession: Navigating Internal and External Challenges to Succeed in the Practice of Law^†*

Judge Lucy Inman, Milberg Coleman Bryson Phillips Grossman PLLC, Raleigh
Richard Hicks, Ph.D., HRC Behavioral Health & Psychiatry PA, Raleigh

This session explores the struggles lawyers face in their profession and personal lives, and the speakers recommend strategies for not just surviving, but thriving. Judge Inman and Dr. Hicks use an anonymous polling system to engage the audience in discussion about how lawyers can respond to stressful circumstances, even if they can’t control them, and how to identify small problems before they become big problems.

4:00 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Professional Well-Being credit

Thank you

Thank you for joining us for Insurance Law in Practice (2024 Insurance Law Section Program).

Description

Back by popular demand, we begin the program with the always-popular "Top 10 Insurance Law Decisions."

This year's program unpacks coverage and litigation issues including mediation of a first-party insurance claim, a UM/UIM primer with historical analysis and perspectives, and a discussion of ethics focusing on the tripartite relationship in insurance defense.

The program also features a special presentation to engage the audience in exploring how to manage the stressful profession of law.

Contributors

Steven Bader

Steven Bader is a Partner at Cranfill Sumner LLP in Raleigh. He is an appellate and litigation attorney.

Steven is chair of the firm's Appellate Law Practice Group. In this role, he has served as lead counsel on more than 30 appeals in state and federal courts. He also maintains an active litigation practice, defending businesses and individuals in casualty matters, including wrongful death suits, personal injury claims, construction defect litigation, and professional liability lawsuits.

In the practice of Insurance Law, Steven advises insurance carriers on coverage issues in first- and third-party claims. He works with carriers to resolve murky and unsettled coverage issues in a pragmatic and thoughtful way. He is often called upon to represent carriers in declaratory judgment actions, including business interruption claims stemming from the COVID-19 pandemic and resulting government shut-down orders. He has obtained favorable dispositive motion rulings for carriers in first-party suits. He also has experience trying first-party insurance coverage cases to jury in federal court.

Steven was selected for inclusion in The Best Lawyers in America®: Ones to Watch in the field of Insurance Law (2023).

Prior to joining Cranfill Sumner in 2019, Steven partnered at a mid-sized insurance defense firm in Saint Cloud, MN. He briefed and argued numerous cases before the Minnesota Court of Appeals and the Minnesota Supreme Court. He also tried more than a dozen cases to jury. He was named a Minnesota Super Lawyers Rising Star in 2019.

Steven is a member of the Defense Research Institute (DRI) and the North Carolina Association of Defense Attorneys. He has published articles in For the Defense (monthly publication of DRI), Minnesota Defense, and Bench and Bar of Minnesota.

Steven earned his undergraduate degree, magna cum laude, from Saint Cloud State University (Minnesota) and his J.D., cum laude, from Gonzaga University School of Law, where he served as articles editor of the Gonzaga Law Review, an associate editor of the Gonzaga Journal of International Law, a research assistant, and a judicial extern at the Washington Court of Appeals. After law school, he started his legal career as a judicial law clerk in Minnesota District Court.

Click here for more information about Steven.
Deborah J. "Deb" Bowers

Deborah J. "Deb" Bowers is a Partner at Pinto Coates Kyre & Bowers PLLC in Greensboro. She handles construction defect litigation and insurance coverage litigation as well as all other types of civil litigation.

Deb served as Chair of the NCBA Insurance Law section (2018-2019) and has been named a North Carolina SuperLawyer in the field of insurance law for the past several years. She is a certified superior court mediator and has served on the board of directors for the North Carolina Association of Defense Lawyers as well as having chaired the Construction Law practice group for that organization.

Deb is an Assistant Editor of the Lexis Nexis Practice Guide - "New Appleman North Carolina Insurance Litigation" and authored three chapters in that publication, which is updated annually.

After law school, Deb engaged in a civil litigation practice in New Jersey for several years, specializing in fidelity and surety work, construction defects litigation and commercial litigation before moving to North Carolina.

Deb earned her B.A. in Psychology from The University of Texas at Austin and her J.D., cum laude, from the University of Houston Law Center.

Click here for more information about Deb.
Walter E. Brock Jr.

Walter E. Brock Jr. is a shareholder at Young Moore and Henderson PA in Raleigh. His practice is focused on civil litigation and insurance law, with special experience and interest in the following areas of practice: professional liability law and litigation, professional liability insurance, first party and third party insurance coverage and bad faith litigation, property and casualty insurance, product liability litigation, construction defect litigation, trade secret, non-compete, and non-solicitation litigation, business and commercial litigation, breach of contract and unfair trade practice litigation, catastrophic personal injury and wrongful death litigation.

Walter routinely litigates cases in the Superior Courts throughout North Carolina, including the North Carolina Business Court, and in each of the three Federal District Courts in North Carolina. He frequently represents parties in appeals before the Court of Appeals of North Carolina, the North Carolina Supreme Court, and the United States Court of Appeals for the Fourth Circuit. He is admitted to practice before the United States Supreme Court. He also appears before administrative agencies, including the North Carolina Department of Insurance.

Walter is author of the book chapter on professional liability insurance in the LexisNexis Practice Guide: North Carolina Insurance Litigation. He has organized and presented at seminars, authored articles, lectured, moderated panel discussions and given trial demonstrations on civil litigation, civil procedure and evidence, ADR and mediation, deposition preparation, products liability, insurance bad faith litigation, and insurance coverage.

Walter has also assisted professional liability insurers in drafting and updating their professional liability policies and endorsements.

Walter has served the Bar as President of the Wake County and Tenth Judicial District Bars, as a hearing officer on the North Carolina State Bar Disciplinary Hearing Commission, and as a current State Bar Councilor representing the Tenth Judicial District on the Grievance Committee and the Authorized Practice of Law Committee.

Recognized by his peers for excellence in the practice of law, Walter is an elected member of the Eastern North Carolina Chapter of the American Board of Trial Advocates (ABOTA) and a Fellow of the American College of Coverage Counsel (ACCC). He is recognized in The Best Lawyers in America©, North Carolina Super Lawyers®, and Business North Carolina’s Legal Elite.

Walter earned his B.A. from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.

Click here for more information about Walter.
Christy C. Dunn

Christy C. Dunn is an associate at Young Moore & Henderson PA in Raleigh. She represents insurers and businesses in a variety of civil litigation matters including insurance coverage, employment, electric, and long-term care claims. She also represents employers, electric membership corporations, and long-term care facilities in civil litigation and employment law matters. She is recognized among Business North Carolina's Legal Elite™ in the Young Guns category (2022).

Before obtaining her law degree, Christy spent 13 years working as a sales engineer consulting with end users, engineers, and contractors to design, sell, and install power protection and precision cooling solutions for data centers and industrial applications. This experience provides Christy with unique insight into the responsibilities of professionals whose products and services support mission-critical business operations. By working closely with decision-makers at all levels of the end-user companies, Christy developed an appreciation for the challenges faced by business leaders making major strategic decisions.

Christy earned a B.S. in Business Administration from the University of North Carolina at Chapel Hill and earned her law degree, magna cum laude, from Campbell Law School. While in law school, Christy interned in the Office of the Solicitor General of North Carolina and for The Honorable J. Douglas McCullough at the North Carolina Court of Appeals. Before joining Young Moore, she clerked for The Honorable Allegra Collins at the North Carolina Court of Appeals.

Click here for more information about Christy.
Gagan Gupta

Gagan Gupta; is a partner at Tin Fulton Walker & Owen in Chapel Hill and of counsel at Paynter Law in Hillsborough, where he leads the firm's insurance disputes division. He began his legal career as a clerk to the Honorable Pierre N. Level on the United States Court of Appeals for the Second Circuit in Manhattan. Following his clerkship, Gagan returned to his home state of North Carolina to practice law.

Gagan's practice includes trial and appellate work in state and federal courts in broad areas of civil rights, including wrongful convictions, police misconduct, employment and housing discrimination, and personal injury. He also maintains an active commercial and class action practice in the areas of insurance and products liability.

Gagan is currently a member of North Carolina Governor Roy Cooper's Board of Science, Technology, and Innovation, and currently serves on the board of the nonprofit North Carolina Prisoner Legal Services. He is also an active member of the NC Advocates for Justice and is an alum of NCAJ Next, the organization's leadership fellowship program.

Gagan earned his B.A. from Davidson College, his MSc. degree from The London School of Economics and Political Science and his J.D. from Stanford Law School.

Click here for more information about Gagan.
Scott C. Hart

Scott C. Hart is a Managing Partner at Sumrell Sugg in New Bern.

Scott has been certified as a mediator since 2005, and his practice is now essentially limited to mediation and arbitration.

Scott is a member of the Eastern NC Inn of Court, serves on the Board of Directors for the Eastern NC Chapter of ABOTA, and serves as the elected Bar Councilor for the Fourth Judicial District.

Scott earned his B.A. from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina at Chapel Hill School of Law.

Click here for more information about Scott.
Richard E. Hicks PhD

Richard E. Hicks PhD is the Executive Director of HRC, the Director of Employee Assistance Programs at HRC, and a North Carolina Licensed Psychologist in Raleigh. His specialties are anxiety, depression and individual psychotherapy. He has provided psychological services to adults, adolescents, and children in a variety of outpatient and inpatient settings since 1998. He currently serves on the Board of the North Carolina Psychological Association.

Dr. Hicks is passionate about translating knowledge from psychology, neuroscience, and medicine into practical and supportive strategies for health, fulfillment, and personal success. He sees adults, couples, and adolescents. His clinical work draws from a variety of traditions, including cognitive behavioral and mindfulness therapies.

Dr. Hicks earned his undergraduate degrees in Psychology and Electrical Engineering from North Carolina State University and his Masters and Doctorate in Clinical Psychology from the University of North Carolina at Chapel Hill.

Click here for more information about Dr. Hicks.
Robert H. "Robby" Jessup IV

Robert H. "Robby" Jessup IV is an owner of Howard Stallings From Atkins Angell & Davis PA in Raleigh. He is a civil trial lawyer, who handles wrongful death, serious injury, child sexual abuse, and property insurance claim cases.

Robby has been recognized by US News and World Report as one of the Best Lawyers in America, in addition to being named to SuperLawyers. He has also been inducted into the Multi-Million Dollar Advocates Forum, for repeatedly winning large awards for his clients.

Robby earned his B.A., cum laude, in Journalism & Religious Studies from the University of North Carolina Chapel Hill and his J.D., cum laude, from the University of North Carolina Chapel Hill School of Law.

Click here for more information about Robby.
C. Douglas Maynard Jr.

C. Douglas Maynard Jr. is the owner of the Law Offices of C. Douglas Maynard Jr PLLC in Winston-Salem. His practice focuses on representing injured persons and policyholders, insureds, and/or beneficiaries against insurance companies pre-suit, at the trial level, and all the way to the N.C. Supreme Court. Over the past 25 years, it has evolved into three primary areas: 1) personal injury claims, 2) workers' compensation claims, and 3) direct claims against insurance carriers for failure to pay a claim, denied coverage, or bad fath.

Doug worked as an insurance adjuster for several years prior to beginning the practice of law representing people against insurance companies. His insider's view of the insurance industry enables him to decipher a policy to determine the rights, to anticipate how the claim will be handled, and to hold insurers accountable for unfair and deceptive claims practices. He has resolved multiple cases in excess of one million dollars ($1,000,000) including denied life insurance, liquor liability / motor vehicle collision, and workers' compensation claims.

Doug is also editor of one of the definitive legal treatises (book) on uninsured and underinsured motorist coverage in North Carolina.

Doug has lived in Winston-Salem for more than 50 years, having moved there when he was just three months old. As the son of a local physician and having handled personal injury and workers' compensation cases for over 25 years, Doug is very familiar with many of the healthcare providers in the area.

Doug earned his B.A. in History from Duke University and his J.D. from Wake Forest University School of Law.

Click here for more information about Doug.
Warren T. Savage

Warren T. Savage is Senior Claims Counsel at Lawyers Mutual Liability Insurance Company of North Carolina in Cary. He focuses on litigation, insurance law, appellate advocacy, criminal matters and professional responsibility in his work with Lawyers Mutual.

Warren currently serves as NC State Bar Councilor for District 10 and speaks frequently at CLEs around the state about professional responsibility and malpractice claims avoidance.

Warren graduated from the University of Virginia and earned a M.A. in Teaching at the University of North Carolina at Chapel Hill before graduating, magna cum laude, from Campbell University School of Law. He spent several years as a high school English teacher and junior varsity basketball coach before entering the legal profession.

Click here for more information about Warren.
Rebecca Huffman Ugolick

Rebecca Huffman Ugolick is a partner at Howard Stallings From Atkins Angell & Davis PA in Raleigh, and part of the firm's personal injury and insurance law practice. She is an experienced civil litigator that represents plaintiffs in state and federal court with claims for personal injury, wrongful death, serious injury, sexual assault, and complex residential and commercial insurance coverage issues.

In addition, Rebecca has represented churches, numerous commercial entities from small businesses to large financial institutions, and corporations in matters ranging from breach of contract to intellectual property disputes. She also has extensive experience in other areas of litigation, such as trusts, estates, and employment discrimination.

Rebecca has been inducted as a Lifetime Member of the Million Dollar Advocates Forum and has been named to the Top 40 Lawyers Under 40 by The National Trial Lawyers.

Rebecca is a member of her local and state bar associations and an active member of the North Carolina Advocates for Justice. Rebecca serves as regional coordinator for NCAJ's high school mock trial competition and is the Verdicts & Settlements Editor of the Trial Briefs magazine. Rebecca serves on the committee for the Insurance Law Section of the North Carolina Bar Association.

Rebecca earned her B.A., cum laude, in Political Science from West Virginia University and her J.D. from North Carolina Central University.

Click here for more information about Rebecca.
Jennifer A. Welch

Jennifer A. Welch is a Partner at Cranfill Sumner LLP in Raleigh. She focuses her practice on insurance coverage disputes, bad faith litigation, and personal injury litigation.

Jennifer is the chair of the firm's Insurance Law & Coverage practice group. She regularly advises clients on a wide array of insurance coverage issues involving both first and third-party coverages, including commercial general liability coverage, commercial and personal auto coverage, homeowners' coverage, professional liability coverage, and property coverage. She has represented insurers in numerous declaratory judgment actions in both state and federal courts, and she has also authored numerous publications and given many presentations on various insurance coverage issues.

Jennifer also routinely handles cases involving insurance bad faith, premises liability, motor vehicle negligence, and homeowners' association disputes. She has particular experience and interest in handling uninsured and underinsured motorist claims and has an in-depth understanding of the intricacies of the laws governing such claims.

Jennifer earned her B.S. from the University of North Carolina Wilmington and her J.D. from Campbell University Norman Adrian Wiggins School of Law.

Click here for more information about Jennifer.

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Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance.

Thank you

Description

Contributors

Steven Bader

Deborah J. "Deb" Bowers

Walter E. Brock Jr.

Christy C. Dunn

Gagan Gupta

Scott C. Hart

Richard E. Hicks PhD

Robert H. "Robby" Jessup IV

C. Douglas Maynard Jr.

Warren T. Savage

Rebecca Huffman Ugolick

Jennifer A. Welch