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16th Annual Insurance Symposium - April 3, 2009

The objective of this course is to educate the attendant on developments during the past year (2008-2009) regarding the insurer-insured relationship, duties owed to the consumer, “bad faith” and insurance code claims, and ethical obligations in the insurance context. Additionally, the attendant will be brought up to date on case law decided within the past year with respect to both personal and commercial policies.

Friday, April 3, 2009
8:00 A.M. - 4:15 P.M.

Cityplace Conference Center
J.C. Thompson Center
2711 North Haskell, Suite 100
Dallas, TX 75204
Click for Directions

Credit Hours

TDI CE: Provider #32551 
This course has been certified for insurance licensee continuing education by the Texas Department of Insurance in the amount of 5.0 general credit hours and 1.0 ethics credit hour. Cooper & Scully, P.C. is a Texas Department of Insurance registered provider.

Texas MCLE 
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 hours, of which 1.0 credit hour will apply to legal ethics/professional responsibility credit.

Seminar Topics



Extrinsic Evidence
Tarron Gartner
Joanna Tollenaere
(0.5 Hours)
This topic addresses the various scenarios in which an insurance company may or may not be allowed to use evidence extrinsic to the pleadings to determine its duty to defend. The discussion will include facts and rulings from Texas Supreme Court and Court of Appeals cases, as well as hypothetical circumstances.


Obligations of the Additional Insured

Katie McClelland
(0.5 Hours)
This topic addresses the various policy conditions and obligations imposed upon additional insured’s including notice of claim and suit and settlement without consent clauses. The discussion will include Texas Supreme Court and Court of Appeals cases on the conditions placed upon additional insureds, including additional insureds by way of policy language and/or endorsements, and scope of the insurer’s burden to prove prejudice for the additional insureds breach of policy conditions.


Pending Legislation
Diana Faust
Dana Harbin
(0.5 Hours)
A survey of proposed legislation that has been or may be introduced during the 2009 legislative session, and its impact on the insurance industry.


Stowers Liability
Gordon Wright
(0.5 Hours)
This topic will analyze the legal requirements of a valid demand under the Stowers Doctrine and the Unfair Claims Settlement Practices Act in Texas. It will address settlement negotiations and the issue of liens in relation to Stowers demands, as well as situations dealing with multiple claimants and insufficient policy limits when insurers receive a Stowers demand.


Prompt Payment of Claims – 542.060
Wes Johnson
(0.5 Hours)
This topic addresses the mechanics of Texas Insurance Code Section 542.060 and the various issues presented by Texas Supreme Court and Court of Appeals rulings on the application of this statute.


Trigger Issues and the Implications on Coverage Litigation
R. Brent Cooper
Ernest Martin
(0.5 Hours)
This topic addresses the Texas Supreme Court's adoption of actual injury trigger theory and the affect such theory has had and will have on future coverage litigation.


Trends In The Texas Supreme Court – Ride The Roller Coaster with the Insurance Industry
Richard Harrist
Matt Kawalek
(0.5 Hours)
This topic addresses the various trends of Supreme Court decisions over the last 30 years relating to the insurance industry, including past and present judicial themes in insurance cases.


Exclusions J5 & J6 – Property Damage During Ongoing Operations
R. Douglas Rees
(0.5 Hours)
This topic addresses the exclusions in the general liability policy for property damage that occurs during ongoing operations, including the judicial interpretation of the temporal and spatial elements of each exclusion.


Allocating Defense and Indemnity Among Multiple Carries
Micah Dortch
(0.5 Hours)
This topic addresses the obligations and responsibilities relating to allocating defense and indemnity expenses among multiple insurers on the risk, including discussion of issues that arise from the use of joint defense sharing agreements and indemnity obligations over multiple policy periods.


Attempts to Blur the Lines Between First Party and Third Party Claims
Michelle Robberson
(0.5 Hours)
This topic addresses the increasing attempts to blur the lines between first party and third party claims under general liability policies, including discussions of who is an insured and interpretations of the typical policy requirement that damages must be caused by the liability of the insured to a third party.


Theories of Waiver and Estoppel in the Duty to Defend
Steve Shattuck
(0.5 Hours)
This topic addresses the liability insurer’s duty to defend, issues relating to conflicts caused by coverage defenses, reservation of rights letters and the possibility of waiving and/or being estopped from asserting coverage defenses.


Update on First Party Insurance
Becky Fuller 
Marc Tittlebaum
(0.5 Hours)
This topic addresses the recent cases involving first party insurance including personal auto and homeowners policies with specific discussion of the issues presented by Hurricane Ike.