Upcoming insurance week: September 20, 2021



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(Reuters) – Here are some events of interest to the insurance law community this week. All times are local, unless otherwise specified.

Tuesday September 21

9 a.m. – The 3rd U.S. Court of Appeals will consider whether Evanston Insurance has a duty to defend Vitamin Energy against a false advertising lawsuit brought by the makers of 5-hour Energy, based on a table of comparison indicating that Vitamin energy injections contain more vitamin. B that 5 hours. Evanston’s policy insures Vitamin against claims for advertising injury, defined as injury “resulting from the oral or written publication of … defamatory or disparaging material, arising during the course of (Vitamin) advertising”. The lower court ruled that Evanston had no obligation to defend himself because 5-hour Energy had never alleged bashing: he had accused Vitamin of making false statements about Vitamin’s products, not 5-hour energy. time. To infer a disparagement where none had been alleged would go beyond the “four corners” of the complaint, contrary to Pennsylvania law, the judge said. On appeal, Vitamin argues that the ruling violates established law on an insurer’s duty to defend, under which claims must be interpreted liberally in determining whether there is potential for coverage.

The case is Vitamin Energy LLC v. Evanston Insurance Co., 3rd United States Court of Appeals No. 20-3461. For Vitamin Energy: Patrick Gibson from Ippoliti Law Group and George Schooff from Legal Services Group. For Evanston: Michael DiFebbo and Gavin Fung of Kennedys Law.

10:00 a.m. – U.S. bankruptcy judge Laurie Selber Silverstein in Delaware is due to hold a hearing on the proposed disclosure statement for the Boy Scouts of America’s latest reorganization plan, a key step on the road to confirmation. The plan and disclosure statement were amended on September 15 to incorporate changes to two settlement agreements, including an increase in The Hartford’s commitment from $ 650 million to $ 787 million. This brings the total amount available to pay abuse survivors to around $ 1.887 billion. However, the Tort Claimants Committee and other parties, including Liberty Mutual, have asked Silverstein to delay the hearing in order to have more time to review the amended fifth plan.

The case is In re Boy Scouts of America, U.S. Bankruptcy Court for the District of Delaware No. 20-10343. For the Boy Scouts: Paige Topper from Morris, Nichols, Arsht & Tunnell and Jessica Lauria from White & Case. For Hartford: James Ruggeri of Shipman & Goodwin; Philip Anker of Wilmer Cutler Pickering Hale and Dorr; Grégoire Flasser de Bayard. For the Asylum Seekers Committee: James O’Neill of Pachulski Stang Ziehl & Jones. For Liberty Mutual: Karl Hill of Seitz, Van Ogtrop & Green.

Thursday 23 September

8:45 am – ABA’s National Malpractice Conference sets a civil tone with its opening session on handling lawyers’ professional liability claims, “Can’t we all get along?” Moderator Randall Allen Miller and panelists Terri Mascherin of Jenner & Block, Christopher Mixon of Ogletree Deakins and Charles Plattsmier of the Louisiana Prosecutors’ Disciplinary Board explore how lawyers who behave badly can not only lead to claims for malpractice, but also how this can also color claims. -treatment and litigation procedures. The two-day live conference in Nashville is geared towards legal liability, malpractice and insurance professionals, with in-depth updates and strategy sessions on topics such as managing the “case by case” lawsuit. case “, combating the imposition of penalties and turning the tide on a professional liability claim by focusing on the behavior of the client rather than that of the lawyer. For more information, click here.

8:45 a.m. – The Claims and Litigation Management Institute construction conference kicks off in San Diego with an opening speech by Gary London of London Moeder Advisors. The two-day live event includes sessions on insurance, risk management and claims – a primer on what is covered by the Builders’ Risk, CGL, Professional Liability and Subcontractor Default policies , a review of recent national and regional case law “hot topics”. ”And emerging exhibits like ransomware and digital extortion. For the full agenda, click here.

9:00 a.m. (ET) – The New York City Bar and its Insurance Section partner with the Insurance Federation of New York and the Life Insurance Council of New York to present current issues in 2021 insurance regulation, marking the 31st year of the annual series. The half-day webcast opens with a keynote address by My Chi To, Deputy Executive Superintendent of Insurance for the New York Department of Financial Services, followed by panel discussions on the impact of digital technology and on the boom in mergers and acquisitions in the insurance industry. The conference ends with a Commissioner’s Roundtable, featuring regulators from Missouri, Oregon and Texas, moderated by Scott Fischer of DLA Piper. For more details, click here.

Do you know of an event that could be included in Week Ahead in Insurance Law? Contact Alexia Garamfalvi at [email protected]



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