Removal, Remand & More: Rules and New Developments in Forum Battles for Coverage Disputes, 4 March 2021

Sun Tzu famously advised, "Every battle is won or lost before it's ever fought." Likewise, the outcome of an insurance dispute may depend on whether it is litigated in a state or federal court. Learn about new developments impacting removals of coverage cases to federal court (and remanding them back to state court), and strategies employed by insurers and policyholders to secure, and protect, their preferred forum.

Moderator:

Anthony B. Leuin, Shartsis Friese LLP, San Francisco, CA

Panelists:

J. James Cooper, Reed Smith LLP, Houston, TX 

Hon. Nancy F. Atlas, U.S. District Court for the Southern District of Texas, Houston, TX;

Mary E. Borja, Wiley Rein LLP, Washington, D.C.;

Bearing the Costs Associated with Sex Trafficking, 12 March 2021

Trafficking is a multi-billion dollar industry, and there has been an increase in lawsuits filed against hotels for their alleged participation in and benefit from the sex trafficking industry. In the past decade, the predominance of sex trafficking has led Congress and states to create statutory liability for not only the primary actors in trafficking, like pimps and buyers, but also for the owners of commercial premises who knowingly benefited or should have known that they were benefiting from trafficking. Plaintiffs have been more adamant about suing hotel brands and their owners, managers, and employees for their alleged participation and benefit from trafficking. These insureds seek coverage under their general liability policies, which begs the question—should an insurer bear the costs of an insured's benefit from sex trafficking? This panel will discuss the potential underlying causes of action against an insured premises, including relevant statutes of limitations for those actions, an insurer's potential duty to defend and indemnify an insured for these claims, and the benefit of either the insured or the insurer filing a declaratory judgment action.

Moderator:

Jamie Carsey, Markel Service Incorporated, Houston, TX

Panelists:

Dominic Rupprecht, Reed Smith LLP, Pittsburgh, PA 

Christina Culver, Thompson Coe Cousins & Irons LLP, Houston, TX;

Annie McAdams, Annie McAdams PC, Houston, TX;

Rebekah Ratliff, JAMS, Atlanta, GA;