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LawReviewCle – Advocacy in Practice
Live CLE Seminar
Insurance Coverage Litigation
March 15, 2012 • Milwaukee, WI

 

Continuing Legal Education (CLE) Credit Course – Insurance Coverage LitigationDisputed insurance claims are often complex, and can vary greatly from case to case.

 

Continuing Legal Education CLE Credit Course - Special OfferThis seminar is designed to give you the tools to understand the variety of claims, accurately assess coverage and solve any conflicts that arise during litigation.

 

Our experienced attorneys will help advise you on the ability to identify areas of coverage disputes, recognize when an insurer is negotiating in bad faith and identify the possible remedies.

 

They will also help you learn the settlement process, and expertly handle a trial if settlement efforts have been exhausted.

 

The following Key topics will be discussed:

 

  • First- and Third-Party Coverage
  • Insured's Rights and Protections
  • Coverage for Cyberspace and Computer Liabilities
  • Pre-Litigation Options
  • Filing a Dispositive Motion
  • Containing a Punitive Damage Judgment
  • Common Law vs. Statutory Bad Faith
  • Defending Bad Faith Suits

 

Agenda

 

12:45 – 01:15

Registration

 

 

01:15 – 02:00

Common Coverage Disputes

 

 

02:00 – 03:00

Coverage Under a Contract

 


  • Which Actions Trigger Coverage?
  • Choice of Law
  • Insurer’s Duty to Defend and Indemnify
  • Insured’s Rights and Protections
  • Coverage Analysis Principles
  • Pre-Litigation Options (Does Policy Cover the Damages Claimed?; Did Damages Occur Within the Policy Period?)
  • Coverage for Cyberspace and Computer Liabilities
  • Reservation of Rights

 

 

03:00 – 03:15

Break

 

 

03:15 – 04:15

Litigating a Claim

 


  • Filing a Dispositive Motion
  • Successful Strategies in Insurance Coverage Cases
  • The Role of a Judge and a Jury
  • Declaratory Judgment Action and/or Breach of Contract Damages Action
  • The Role of Industry Expert Witnesses
  • Contribution Protection/Indemnification Requests
  • Containing a Punitive Damage Judgment
  • Declaratory Action
  • Estoppel/Arbitration/Alternate Dispute Resolution

 

 

04:15 – 05:00

Bad Faith Litigation

 


  • Common Law vs. Statutory Bad Faith
  • Bifurcation Issues
  • Establishing Insurer Bad Faith
  • Discovery Issues
  • Defending Bad Faith Suits

 

CLE Course Speakers: Keith A. BruettJeffrey O. Davis

 

cle credit course speakerAttorney Keith A. Bruett

 

Quarles & Brady L.L.P. – Milwaukee, WI

 

Professional Experience
Keith Bruett practices in the area of commercial litigation. His practice focuses on professional liability and complex insurance litigation. He has litigated insurance and professional liability cases throughout the country. Recent experience includes:


Part of the team representing the insured in Plastics Engineering Co. v. Liberty Mutual Insurance Co., 2009 WI 13, in which the Wisconsin Supreme Court adopted “all sums” allocation.

 

A defense jury verdict in a $15 million actuarial malpractice lawsuit.

 

A defense jury verdict in a $25 million insurance broker malpractice lawsuit.

 

A defense arbitration decision in a $10 million dollar insurance broker malpractice case.

 

Ongoing representation of manufacturers in insurance coverage lawsuits for asbestos-related injury claims.

 

Part of the team representing Johnson Controls in Johnson Controls, Inc. v. Employers Insurance of Wausau, 2003 WI 108, in which the Wisconsin Supreme Court overruled its 1994 City of Edgerton v. General Casualty environmental insurance coverage decision.


Education and Honors
Marquette University Law School (J.D., summa cum laude, 1998)
Marquette Law Review (Lead Articles Editor, 1997-1998).
University of Minnesota (B.A., 1994)


Bar Admissions
Wisconsin, 1998

 

Court Admissions
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District of Wisconsin
U.S. District Court, Eastern District of Michigan
U.S. Court of Appeals, 6th Circuit

 

Professional Recognition
Selected for inclusion in Wisconsin Super Lawyers®–Rising Stars Editions 2007-2011 (Insurance Coverage; Professional Liability: Defense).
Professional and Civic Activities
State Bar of Wisconsin (Member).

Milwaukee Bar Association (Member).

American Bar Association (Member).

Milwaukee Young Lawyers Association (Member).

Quarles & Brady Diversity Committee (Representative).
Keith is Quarles & Brady’s firmwide chair for law school recruiting. He also co-chairs the Firm’s Insurance Recovery Practice. Keith edits a chapter on liquidated damages in The Law of Damages in Wisconsin.

 

cle credit course speakerAttorney Jeffrey O. Davis

 

Quarles & Brady L.L.P. – Milwaukee, WI

 

Professional Experience
Jeffrey Davis practices in the area of commercial and appellate litigation. His practice has a particular substantive focus on insurance coverage litigation, and he is the current chair of the Firm’s insurance recovery practice. He also has substantial experience and an ongoing practice in unfair competition litigation, such as employee non-compete and trade secrets cases. Mr. Davis’ experiences and achievements in the past several years have included:


Represented the insured in Plastics Engineering v. Liberty Mutual, 759 N.W.2d 613, 2009 WI 13, Wis., January 29, 2009 (NO. 2008AP333-CQ) in which following certification from the Seventh Circuit, the Wisconsin Supreme Court adopted an “all sums” allocation method and multiple occurrence theory, thereby allowing insureds to receive full defense and indemnity for “long tailed” or “progressive” injury claims.

 

Represented the insured in Johnson Controls v. Employers Insurance of Wausau, 2003 WI 108, 264 Wis.2d 60, 665 N.W.2d 257 in which the Wisconsin Supreme Court overruled City of Edgerton v. General Casualty Co., thereby allowing insurance coverage for environmental liability.

 

Represented the insured in Mikula v. Miller Brewing Co., 281 Wis.2d 712, 701 N.W.2d 613, 2005 WI App. 92 in which the appellate court established coverage for a premises owner for claims of its own alleged negligence under an “additional insured” endorsement.

 

Represented the insured in Miller Brewing Co. v. ACE U.S. Holdings, 391 F.Supp.2d 735 (E.D. Wis. 2005) in which the court denied the insurers’ motion to change venue to a more insurer-friendly forum despite an earlier filed action in such forum.

 

Obtained substantial judgment for major manufacturing client in breach of contract action following three-day bench trial.

 

Obtained summary judgments for various insured manufacturer clients in several multi-million dollar coverage disputes involving numerous commercial general liability policy issues arising out of asbestos and other products cases.

 

Represented Harley-Davidson in Tietsworth v. Harley-Davidson 270 Wis.2d 146, 677 N.W.2d 233, 53 UCC Rep.Serv.2d 721, 2004 WI 32, Wis., March 26, 2004 (NO. 02-1034), wherein the Wisconsin Supreme Court reversed the Court of Appeals in a class action suit seeking damages based on a product’s “propensity to fail.”

 

Lead counsel in three week jury trial in Waukesha County Circuit Court in a real estate dispute that concluded in a favorable settlement at the end of trial.

 

Represented employers and employees in numerous contested restraining order and injunction hearings involving covenants not to compete and trade secret claims.

 

Implemented employee covenant not to compete and trade secret protection programs for major corporate clients.


Education and Honors
The Ohio State University Michael E. Moritz College of Law (J.D., 1987)
Ohio State Law Journal (Member, 1986–1987).
Miami University, Oxford, Ohio (B.S., 1984)


Bar Admissions
Wisconsin, 1987

 

Court Admissions
U.S. Supreme Court, 2004
U.S. Court of Appeals, 11th Circuit, 2000
U.S. Court of Appeals, Federal Circuit, 1992
U.S. Court of Appeals, 7th Circuit, 1988
U.S. District Court, Western District of Wisconsin, 1988
U.S. District Court, Eastern District of Wisconsin, 1988

 

Professional Recognition

Martindale-Hubbell AV® Peer Review Rated.

Selected for inclusion in the 2005-2011 Wisconsin Super Lawyers® lists (Business Litigation).
Professional and Civic Activities
State Bar of Wisconsin (Member).

Milwaukee Bar Association (Member; Bench Bar Committee, 1995-1997).

American Bar Association (Member).

State Bar of Wisconsin (Treasurer, Appellate Practice Section, 2000-2002; State Bar Program Co-chair, 2001-2002; Chairperson-Elect, 2003; Chair, 2004-2005.

State Bar of Wisconsin High School Mock Trial Tournament (Milwaukee region, Co-coordinator, 1995-2009).

Fox Point Foundation (Board Member, 1992-1997; Treasurer, 1995-1997).

Fox Point Village Ethics Board (2005-2007).

Fox Point Village Trustee (2007-2009).

 

Live CLE • Insurance Coverage Litigation

March 15, 2012 • Milwaukee, WI
CLE Credit Course in Milwaukee, WI
Credits:

Total WI CLE credits: 4.2 hours

This course is pending approval through the Wisconsin Board of Bar Examiners.

 

Location:
Aloft Milwaukee Downtown

1230 Old World Third Street
Milwaukee, Wisconsin 53212

Directions

 

Time:

Start 01:15 PM – Finish 05:00 PM

 

Tuition:

$200 First Registrant

Add Associate $100 dollars*
Add Paralegal $100 dollars*

$125 Young Lawyers – Under 4 years acceptance to the Bar.**

*Young Lawyers with under 4 years acceptance to the Bar may use the coupon code YL75 to receive the $75 discount when checking out.
**Discounts can not be combined
.

 

 

 

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