Understanding the Current CGL Policy in Illinois

Transcription

1 Understanding the Current CGL Policy in Illinois Moderator: John S. Vishneski III Reed Smith LLP Michael C. Bruck Williams Montgomery & John, Ltd. Jill Jennings Drzewiecki Tressler, Soderstrom, Maloney & Priess, LLP Gary L. Lockwood Walker Wilcox Matousek LLP This seminar is designed for attorneys, risk managers, claims adjusters and other insurance professionals, business owners, presidents and vice presidents. Countryside, IL June 27, 2008 CONTINUING EDUCATION CREDIT IL CLE 6.00 IACET 0.60 IL INS Keeping You Current. Helping You Succeed.

2 Critical Issues on the Agenda 8:30 am 9:00 am Registration Holiday Inn William Tell 6201 Joliet Road Countryside, IL June 27, :00 am 10:30 am General History of the CGL Policy: Broad Coverage to One Narrowed by Exclusions Over Time John S. Vishneski III 10:30 am 10:45 am Break The History and Current State of the Personal Injury Liability Coverage and Advertising Injury Liability Coverage 10:45 am 12:15 pm CGL Insurance in the Environmental, Toxic Tort and Mass Tort Arena Gary L. Lockwood Examples of Underlying Environmental, Toxic Tort and Mass Tort Cases Definitional Issues in the CGL Policy Trigger of Coverage Other Insurance and Allocation Excess Insurance and Umbrella Insurance Duty to Defend Application Issues Loss in Progress and Known Loss Important Exclusions 12:15 pm 1:15 pm Lunch (On Your Own) 1:15 pm 2:45 pm The 10 Crucial Issues You Will Need to Understand in Order to Apply the Most Common Exclusions to the CGL Policy Jill Jennings Drzewiecki Expected or Intended Injury Exclusion Contractual Liability Exclusion Employee and Workers Compensation Exclusions Pollution Exclusion The Auto Exclusion Damage to Property Exclusions Damage to Your Product Exclusion Damage to Your Work Exclusion Impaired Property Exclusion Recall Exclusion Ethical Considerations 2:45 pm 3:00 pm Break 3:00 pm 4:30 pm Construction Defect Coverage Issues Michael C. Bruck Why a Uniform Blueprint to Coverage for Construction Defects May Never Become a Reality The Fundamental Issue in All Construction Defect Coverage Disputes: Does the Insured s Faulty Workmanship Qualify as an Occurrence? The Distinction Between the Definition of Occurrence Within the Meaning of a CGL s Initial Grant of Coverage and the Operation of a CGL s Business Risk Exclusions When Does a Breach of Contract Qualify as an Occurrence Causing Property Damage, Even If the Damage Is to the Insured s Own Work? Trigger Issues What Are the Emerging Trends in Today s Courts? Principles of Advertising Injury Coverage What Is the Required Breadth of Advertising Injury? What Types of Conduct by an Insured Qualifies as an Advertising Activity? Causation An Analysis of the Typical Enumerated Offenses That May Cause an Advertising Injury A Discussion of the Relevant Policy Exclusions What Does the Future Hold for Advertising Injury Coverage? Lorman Education Services reserves the right to modify the agenda and the faculty when circumstances are beyond our control.

3 Registration Understanding the Current CGL Policy Countryside, IL June 27, 2008 Names of Attendees (Please print clearly) Priority Code Discount Code 1. Name Title 2. Name Title Firm Name Address City State/Zip Telephone ( ) Fax ( ) Approving Manager Name customerservice@lorman.com Website: Mail: Mail this form with payment information to Lorman Education Services, Dept. 5382, P.O. Box 2933, Milwaukee, WI Seminar Tuition (includes free manual with attendance) $319 for a single registrant $309 each for two or more from the same organization $418 for a single registration ($319) plus CD recording ($99*) of this seminar - Best Value - To Order Products From This Seminar Please allow four to six weeks after the date of the seminar for delivery. $339 CD/manual package* $119 manual only* *Add $7 shipping/handling, plus applicable sales tax, to product orders. If tax-exempt, please include your certificate. Title Check enclosed payable to Lorman Education Services Charge to credit card AE MC VISA Signature Card number Exp. Date 2008 Lorman Education Services. All rights reserved. Cancellations: Substitute registrants are welcome and may be named at any time. If you cancel six or more business days in advance, you will receive a full refund, less a $20.00 service charge. If you cancel within five business days you are not entitled to a cash refund. However, as a courtesy, we will allow you to apply your payment toward any future Lorman seminar within one year from the date you cancel. Please note that if you do not attend and you do not cancel as described above, you are responsible for the entire payment. Lorman disclaims any liability for any other direct or compensatory payment. Seminar ID: Lorman Bookstore Telephone: Fax: Best Value Includes a CD recording of this seminar with your registration ORDER ONLINE Visit us at to get more information on these and other products, and to download electronic manuals immediately. Our policy is to fill all orders with the most recent editions available. Your bookstore item(s) will be shipped within three to five business days, upon receipt of your order. Taking and Defending Effective Depositions Witness Preparation and Deposition Defense; Deposing Expert Witness; Special Problems/Special Techniques Regarding Deposing Expert Witness; Depositions in Competition Cases. Item: CD and $179 $89 $89 Commercial Title Insurance Title Insurance Commitments and Policies; Pre-Closing Title Insurance Issues; New ALTA Policies and Endorsements; Development-Related Title Issues. Item: $79 $79 Construction Lien Law Liens of Public Property; Enforcing a Mechanics Lien; Lien Waivers; Federal Construction; Architectural Works and Copyright Law; Bankruptcy and Mechanics Lien. Item: CD and $169 $79 $79 Subtotal From Above Shipping & Handling (excludes e-manuals) ($7.00 first item, $1.00 each additional) Sales Tax TOTAL

4 Our Distinguished Faculty Michael C. Bruck is a partner with the law firm of Williams Montgomery & John, Ltd., in Chicago. Mr. Bruck is a trial lawyer who handles complex litigation matters that include insurance coverage litigation as well as reinsurance, professional liability, intellectual property, environmental, product liability, toxic tort and employment matters. He has a national practice handling insurance coverage disputes in trial and appellate courts around the country and has acted as lead counsel or on steering committees of several major multiparty coverage actions. Mr. Bruck is an active member of several legal associations, including the Federation of Defense and Corporate Counsel, the Defense Research Institute, the Professional Liability Underwriting Society, the Illinois Society of Trial Lawyers and the Illinois Association of Defense Trial Counsel. He received his B.S. degree from Purdue University in Lafayette, Indiana, and his J.D. degree from DePaul University College of Law in Chicago. He was listed as an Illinois Super Lawyer in 2006 and 2007, and was recommended by peers for the Leading Lawyers Network of top lawyers in Illinois in 2006 and Mr. Bruck can be reached at or mcb@willmont.com. Jill Jennings Drzewiecki is an aviation litigation, insurance defense and insurance coverage attorney practicing as a partner in Tressler, Soderstrom, Maloney & Priess, LLP s Chicago office. Ms. Drzewiecki is a member of the DuPage County, Chicago and Illinois State Bar Associations. She is admitted in Illinois and before the U.S. District Court of Northern Illinois. Ms. Drzewiecki received her B.S. degree, summa cum laude, from Oklahoma City University and her J.D. degree, cum laude, from Loyola University in Chicago. She may be reached at or jdrzewiecki@tsmp.com. Gary L. Lockwood is a founding partner with Walker Wilcox Matousek LLP. During his career he has worked on matters involving business insurance, including directors and officers liability, other professional liability, general liability, umbrella and environmental impairment liability. With respect to directors and officers liability coverage issues in particular, Mr. Lockwood provides a unique perspective based upon his involvement in drafting many of the D&O coverage forms currently in use. His practice includes coverage analysis and coverage litigation, and he has represented many of the largest liability insurers in the United States, as well as insurers and reinsurers in England, Ireland, Germany, Belgium, Switzerland, Japan and the People s Republic of China. Mr. Lockwood has written several articles on various aspects of business insurance and has been a speaker on issues of professional liability at panels and seminars throughout the United States. He is listed in Who s Who in America, Who s Who in the Midwest, Who s Who in American Law and Who s Who in The World. Mr. Lockwood received his B.A. degree, magna cum laude, from Iowa Wesleyan College and his J.D. degree from Northwestern University. He can reached at John S. Vishneski III is a partner with Reed Smith LLP. Mr. Vishneski focuses his practice on complex insurance coverage litigation. He places special emphasis on toxic tort, environmental and intellectual property insurance coverage disputes, having represented clients in many jurisdictions, including the Supreme Court of Illinois and the Supreme Court of Connecticut. Mr. Vishneski has represented clients in insurance coverage disputes involving diverse types of insurance, including first-party property policies, general liability policies, directors and officers liability policies, and employment practices liability policies, and has extensive knowledge of insurance policy drafting history. His practice is nationwide and has also involved Lloyds and the London Market. Mr. Vishneski also acts as both neutral and party-appointed arbitrator in complex insurance coverage disputes. He received his B.A. degree in economics and philosophy, magna cum laude, from the University of Virginia College of Arts and Sciences and his J.D. degree from the University of Virgina School of Law. Mr. Vishneski is listed in Chambers USA under insurance from 2005 to He is a frequent presenter and writer on insurance issues. Mr. Vishneski can be contacted at Previous attendee comment from another Lorman seminar: Held my interest all day and walked away feeling satisfied with good knowledge. Monica Lunardi, Senior Recruiter Sutter Health Additional Educational Opportunities Teleconferences: Not able to commit to a full day? Teleconferences are now available. Visit us at for a complete listing of teleconferences. In-House Corporate Training: If you have a group of 10 or more, it may be beneficial for you to schedule a seminar at your facility. Contact Lorman or us at inhouse@lorman.com to inquire about in-house training on this or other topics. Partnerships: You could earn a referral bonus by becoming a Lorman partner. Visit or call John Kreiner at NEW

5 Seminar Highlights Protect your organization know the ins and outs of the current CGL policy. Advertising injury and construction defect claims are among the most widely litigated areas of insurance coverage and sometimes the most perplexing. Join us for this seminar and gain an understanding of the scope to advertising injury coverage, what is considered an advertising activity and how to address a wide variety of intellectual property actions. Learn how to handle the conflicting and sometimes confusing coverage issues that insurers and courts face in construction defect actions. Find out what you need to know about exclusions as well as CGL insurance in the environmental, toxic tort and mass tort areas. Attend this seminar and you ll walk away with a practical understanding of the CGL policy and the latest information on how courts are handling key issues. Benefits for You Get up to speed on important issues affecting insurance coverage for environmental, toxic tort and mass tort losses Learn the 10 critical issues you need to know about exclusions to the CGL policy Stay up to date on emerging trends and issues in personal injury and advertising injury liability coverage Take the headaches out of handling consequential damage issues Hear about the tug of war over whether faulty or defective workmanship even constitutes an occurrence Free Manual With Attendance Professional Manual You will receive a professionally prepared manual compiled by the faculty specifically for this seminar. The seminar will be recorded. Your registration constitutes your consent to such recording. If you cannot attend, you may order a set of the CDs and the accompanying manual from this program by using the registration form on the inside panel. Understanding the Current CGL Policy Continuing Education Credit Please remember to bring your license number, ID or other necessary information to the seminar. This will ensure timely reporting of continuing education credit. Please see our website at for further details about continuing credit information. Lorman Business Center, Inc. has been approved as an Authorized Provider by the International Association for Continuing Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean, VA In obtaining this approval, the Lorman Business Center, Inc. has demonstrated that it complies with the ANSI/IACET Standards which are widely recognized as standards of good practice internationally. As a result of their Authorized Provider membership status, Lorman Business Center, Inc. is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standards. Lorman Business Center, Inc. will award 0.60 CEUs to participants who successfully complete this program. Participants must complete an evaluation in order to receive CEUs. Please verify applicability with your professional board before attending. IACET Learning Objectives The attendee will be able to: review the duty to defend identify ethical considerations discuss damage issues This program has been approved by the Illinois MCLE Board for 6.00 hours of continuing legal education credit. This program has been approved by the Illinois Department of Insurance for 7.0 hours of continuing education credit.

6 Understanding the Current CGL Policy in Illinois Countryside, IL June 27, 2008 Benefits for You Get up to speed on important issues affecting insurance coverage for environmental, toxic tort and mass tort losses Learn the 10 critical issues you need to know about exclusions to the CGL policy Stay up to date on emerging trends and issues in personal injury and advertising injury liability coverage Take the headaches out of handling consequential damage issues Hear about the tug of war over whether faulty or defective workmanship even constitutes an occurrence EXPRESS REGISTRATION - Sign up at using the seminar ID # listed below Seminar ID: Presorted Standard U.S. Postage Paid Permit No Eau Claire, WI Priority Code: 17129