Member News

Posted September 11, 2019

Fifth Circuit certifies 8-Corner/Extrinsic Evidence Case to the Texas Supreme Court 
Regent Mike Huddleston to Play Significant Role

On September 9, 2019, a two-judge panel of the Fifth Circuit issued an unpublished Per Curium opinion that certifies a very interesting extrinsic evidence duty to defend case to the Texas Supreme Court.

A key issue is whether there is a policy-language exception to the 8-corner rule when the policy requires the insurer to provide a defense “[i]f a claim is made or a suit is brought against an insured for damages because of bodily injury … to which this insurance applies;” as opposed to the traditional policy language requiring the insurer to defend “even if the allegations of the suit are groundless, false or fraudulent.”

In this case, the district court allowed State Farm to rely on extrinsic evidence to invoke exclusions to deny a defense. The two-judge panel of the Fifth Circuit in an unpublished Per Curium opinion, which is attached, certified the following question to the Texas Supreme Court: 

  1. Is the policy-language exception to the eight-corners rule articulated in B. Hall Contracting, Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634 (N.D. Tex.), a permissible exception under Texas law?

Mike is involved as the lead appellate attorney for the claimants.

Posted June 24, 2019

Kramon & Graham maintains top-tier ranking in prestigious Chambers USA ranking guide
ACCC Fellow Lee H. Ogburn joins firm's growing list of Chambers USA-ranked lawyers 

Kramon & Graham, a leading law firm providing litigation, real estate, and transactional services, announced today that ten firm attorneys are recognized for legal excellence and client service in the 2019 Chambers USA legal ranking guide. More than 40 percent of Kramon & Graham's principals are recognized in the directory.

Kramon & Graham's Commercial Litigation practice holds its top tier ranking for the fifteenth consecutive year. The firm's Insurance Coverage practice maintains a Band 1 ranking for its outstanding client results. Led by Lee Ogburn, the firm has represented national property and casualty insurers in disputes involving more than $1 billion.

Also ranked is the firm's Real Estate practice, which Chambers describes asa transactional practice offering "experience across all stages of commercial property development, including the purchase, financing, leasing and sale of assets."

In this year's guide, founding principal Andrew Jay Graham earns his fourth "Star Individual" ranking, a designation reserved for attorneys garnering exceptional recommendations from clients and peers.

Kramon & Graham attorneys earning top rankings in the 2019 Chambers USA legal guide are:

Amy E. Askew, Litigation
Cynthia Berman, Real Estate
John A. Bourgeois, Litigation
Geoffrey H. Genth, Litigation
Ezra S. Gollogly, Insurance
Andrew Jay Graham, Litigation
Steven M. Klepper, Insurance
M. Natalie McSherry, Medical Malpractice Defense
Lee H. Ogburn, Insurance
James P. Ulwick, Litigation 

Chambers USA is one of the most prestigious legal ranking guides in publication. Updated annually, the guide's thorough vetting process ranks attorneys based on technical legal skills, client service, astuteness, diligence, commitment, professional conduct, and other qualities.

Chambers USA is published by Chambers & Partners. A description of the selection methodology can be found at

Posted February 5, 2019

ACCC Fellow Robert Chesler Highlights Five Key NJ Coverage Decisions from 2018 

Click here for details.

Posted January 3, 2019

Coverage Opinions: 18th Annual "Top 10 Coverage Cases of the Year"

The January 3rd issue of Coverage Opinions is now available. 

Provided by ACCC Member, Randy Maniloff of White and Williams, LLP in Philadelphia, PA.

I hope you enjoy this issue of Coverage Opinions - the free bi-weekly newsletter that reports and provides commentary on just-issued decisions that concern numerous issues under commercial general liability and professional liability insurance policies.  Subscribe in seconds at

Posted January 2, 2019

Announcing the Launch of Adler Law Practice, LLC


I am excited to announce a new chapter in my professional life with the opening of Adler Law Practice, LLC.  My areas of practice will be the same as they always have been: Commercial litigation and pre-suit dispute resolution.  As before, I will continue to represent businesses in pursuing insurance recoveries and resolving commercial coverage disputes.

I look forward to continuing to work with you and to stay in touch.  My updated contact information is:

Marion B. Adler
Adler Law Practice, LLC
530 Linden Ave.
Oak Park, Illinois  60302
Phone 708-948-7391
[email protected]

Happy New Year and all the best in 2019,

Posted October 19, 2018

College Regent Stephen Pate interviewed on Bermuda Broadcasting's “The Breakdown”
discussing Canada's Official Legalization of Marijuana, the growing Marijuana Insurance market in the U.S. and the difficulties it faces.

Posted August 2018

Angela Elbert, Insurance Policyholder Practice Group Chair, Recognized as One of Chicago's Notable Women Lawyers 2018
Neal Gerber Eisenberg is pleased to announce that Angela R. Elbert, chair of the Insurance Policyholder practice group, has been named to Chicago’s Notable Women Lawyers 2018 presented by Crain’s Custom Media.

This year’s list honors 150 legal industry leaders selected by Crain’s Custom Media. According to Crain’s, the recognized women are well-regarded for their practice of law, serve as role models and mentors to other female attorneys, and hold leadership positions in both professional and community organizations.

“Angela’s professional success and reputation among her clients and in the community are representative of what it means to be a lawyer at Neal Gerber Eisenberg,” said Scott J. Fisher, Managing Partner. “Her constant pursuit of excellence in the practice of law and her power to make a difference in the lives of the others make her an inspiration to her colleagues and to the community.”

Posted March 2018
Fellows From Across The Country Participating at the ABA Section of Litigation Insurance Coverage Litigation Committee’s 30th Anniversary CLE Seminar
Twenty-eight ACCEC Fellows participated in presentations and served on panels at the American Bar Association Section of Litigation’s Insurance Coverage Litigation Committee Annual CLE Seminar. The seminar celebrated the 30th Anniversary of the ICLC’s meeting with three days of cutting-edge programming.  Fellows Walter Andrews, Mary Craig Calkins, John Mathias, Jerry Oshinsky and Ray Wong participated in a plenary session entitled “Insurance Coverage Litigation – 30 Years of Lessons Learned,” moderated by John Mumford. “Hot Topics for ICLC’s 40th – The Coverage Battles of 2028” was moderated by John Buchanan.   Dan Bailey addressed “What’s New in the Challenging World of D&O Insurance.”  Fellows David Goodwin, Lorelie Masters and JeffreyStemple gave an update on “Restatement of the Law, Liability Insurance: Is the Sky Falling?”  Mary Borja, James Cooper and Anthony Leuin presented “Let’s Call The Whole Thing Off” Trends and Cutting-Edge Strategies for Pleading, Prosecuting and Defending Rescission Claims.”  John Bonnie and Laura Hanson participated in “Laugh Until You Cry: Obscure, Peculiar and Overlooked State Laws that Can Crater a Case Before It Gets Of The Ground.”  Vincent Morgan participated in “Harvey, Irma, and Maria – Coverage and Litigation Issues.”  Christine Haskett spoke on “The Power of the Unconscious: Of Course I’m Not Biased or Am I?”  David Schoenfeld participated in the panel “The ‘Next Asbestos’ Will Be … Asbestos: Why the Insurance Industry’s Biggest Problem Won’t Go away Anytime Soon.”  Marion Adler, Bill Barker and Neil Posner addressed ethics issues in “Conflicts Among Insurers, Insureds and Independent Counsel: Ethical Considerations.”  Helen Michael parachuted in to speak on “The Nuts & Bolts of Insurance Coverage Litigation: A Toolkit for Young Insurance Coverage Lawyers.”  Roundtable discussions were led by Fellows John Vishneski (“Sometimes Offense is the Best Defense”), Matthew Jacobs (Coverage for “Other Entities”), and David Attisani (“Reinsurance in a Material World”).  Established in 1988, the Section of Litigation’s ICLC Committee is currently co-chaired by two Fellows, Angela Elbert and John Mumford.  Fellow Ernest Martin is Vice Chair of the Committee. 

ACCC Fellows Appointed to Law360 Advisory Board
Law360 has formed its 2018 Insurance editorial advisory board, the purpose of which is to get feedback on Law360's coverage and gain insight from experts in the field on how best to shape future coverage. ACCEC Fellows Lorie MastersSheri Pastor, and Steve Pate have been appointed to serve on the Advisory Board. Click here to read more. 

Six Fellows From Texas Speaking at 15th Annual State Bar Advanced Insurance Law Seminar
Six ACCC fellows will be giving presentations and serving on panels at the 15th Annual State Bar of Texas Advanced Insurance Law Seminar in San Antonio, June 28-29, 2018. Mark Lawless and Brian Martin will be speaking on “Pollution Exclusion/Asbestos/Toxic Torts/Exhaustion.” Beth D. Bradley and Vince Morgan will be presenting on “Rescission, Reformation and Anti-Technicality Statutes.” Michael W. Huddleston will be on a luncheon panel discussing “Coverage for Sexual Harassment Claims and Other Bad Conduct.” Steve Pate will be on a panel as well discussing “Menchaca: Texas’s Bad Faith’s Return from the Ashes?”


Looking for older member news articles? View our Member News Archive page.