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8:30 –
9:00 a.m.
REGISTRATION, CHECK-IN & CONTINENTAL BREAKFAST
9:00 –
9:45 a.m.
First-Party Bad Faith
This presentation will provide an overview of the recent Minnesota legislation
addressing first-party bad faith, and will highlight some of the recent
decisions interpreting and applying the legislation. This presentation will also
articulate some of the key issues left unresolved by the first-party bad-faith
legislation, and specific provisions that are particularly susceptible to
differing interpretations. Finally, the presentation will highlight the general
differences between first-party and third-party bad-faith claims.
– Mark Bradford; Bassford Remele PA, Minneapolis
9:45 –
10:15 a.m.
Recent
Developments in Duty to Defend
An interactive presentation discussing duty to defend, when attorney’s fees are
recoverable in coverage disputes, settlement strategies, and the respective
rights of the insurer and insured when coverage is denied.
– John Crawford; Johnson & Lindberg PA, Bloomington
10:15 –
10:30 a.m.
QUESTIONS & ANSWERS
10:30 –
10:45 a.m.
BREAK
10:45 –
11:15 a.m.
"Occurrence" and "Property Damage"
To qualify as an "occurrence" an accident must take place within the policy
period, and result in "property damage" or "bodily injury." The rules regarding
an "accident" and the intentional act exclusion can be summarized as follows:
(1) there is no coverage for injury where the insured acts with the specific
intent to cause bodily injury; (2) the specific intent to cause injury requires
that the insured intended the harm itself, not that the insured intended to act;
(3) this is a subjective standard where intent to injure may be shown by proof
of an actual intent to injure or by inferring intent as a matter of law; (4)
intent to cause injury reflects the insured’s state of mind about the desired
harmful consequences of an action by the insured.
– William P. Harrie; Nilles Law Firm, Fargo
11:15 –
11:45 a.m.
Workers' Compensation Changes
Significant changes were made to the workers' compensation law in 2008 with
additional changes contemplated in 2009. This presentation will review these
changes and discuss their impact on all sides to a workers' compensation case.
– Barbara L. Heck; John G Ness & Associates, St. Paul
11:45 –
12:10 p.m.
Post-Loss Duties of the Insured
An insured has a pre-loss duty to pay its premiums to maintain coverage under an
insurance policy. However, the post-loss obligations of an insured can be just
as important in determining coverage under a policy. This presentation will
enumerate the post-loss duties of an insured and discuss how these duties can
affect coverage under an insurance policy.
– Elizabeth Roff; Arthur Chapman Kettering Smetak & Pikala PA, Minneapolis
12:10 –
12:25 p.m.
QUESTIONS & ANSWERS
12:25 –
1:25 p.m.
LUNCH
(on your own)
1:25 –
1:55 p.m.
Orcs at
the Door following Hobbit Travel – Recent Developments in Advertising Injury
Coverage
With its decision in General Casualty Company of Wisconsin v. Wozniak Travel,
Inc., d/b/a Hobbit Travel, 762 N.W.2d 572 (Minn. 2009), the Minnesota Supreme
Court has set new standards for Advertising Injury coverage. This presentation
will analyze the Court’s decision and examine the current state of Advertising
Injury coverage under Minnesota law.
– Charles Spevacek; Meagher & Geer PLLP, Minneapolis
1:55 –
2:20 p.m.
Recent
Decisions on Defective Construction
Whether defective construction constitutes a "discrete identifiable event" or
whether the damages will be allocated across all triggered carriers remains a
vexing problem. The two most recent decisions from the Court of Appeals,
Donnelly Brothers and Tony Eiden, will be discussed.
– Jeanne H. Unger; Bassford Remele PA, Minneapolis
2:20 –
2:30 p.m.
QUESTIONS & ANSWERS
2:30 –
2:45 a.m.
BREAK
2:45 –
3:10 p.m.
Liability Insurance Allocation: Maximizing the Policyholder’s Recovery
Minnesota’s case law regarding the scope of defense and indemnity coverage under
triggered liability insurance policies continues to evolve, creating
uncertainties for policyholders when they purchase insurance and when they have
claims. This presentation will update you on the latest developments, so that
you can properly advise your policyholder clients on avoiding potential coverage
gaps and maximizing their insurance recovery.
– Thomas C. Mielenhausen; Lindquist & Vennum PLLP, Minneapolis
3:10 –
3:35 p.m.
Excess
Insurance
Excess and umbrella insurance can save your company or personal wealth from
major claims. We will discuss how excess insurance works, major coverage
pitfalls, as well as recent legal developments.
– Michael Rothman; Winthrop & Weinstine, Minneapolis
3:35 –
3:45 p.m.
QUESTIONS & ANSWERS
3:45 –
4:05 p.m.
Commercial Trucking Insurance
Commercial trucking and, in turn, commercial trucking insurance is a highly
regulated field involving an interplay of state and federal statutes,
regulations, rules and case law. This presentation will focus on those issues
which most often impact insurance coverage issues and obligations, whether
first-party no-fault or third-party liability coverage, including leasing
requirements, the MCS-90 Endorsement, trucking versus non-trucking insurance,
and recent developments involving the Graves Amendment.
– Tamara Novotny; Cousineau McGuire Chtd, St. Louis Park
4:05 –
4:25 p.m.
Fire
and Property Insurance
Belt-tightening is impacting all aspects of our marketplace, including the
payment of insurance claims. This session will offer practical tips for
submitting and pursuing insurance claims under fire and property insurance
policies.
– Diana Young Morrissey; Faegre & Benson LLP, Minneapolis
4:25 –
4:35 p.m.
QUESTIONS & ANSWERS |