2014 Illinois Event - Education
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Handouts
Presentation 1 - "Warning! Pitfalls to Avoid in the Changing Technological Climate" - Technology Trends That Are Transforming the Insurance Industry and Practice of Law Download Presentation 2 - Ethical Considerations Encountered by Insurers and Counsel When Handling Multiple Insureds Under Single Policy Download - Sponsors
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Panel 1 - "Warning! Pitfalls to Avoid in the Changing Technological Climate" - Technology Trends That Are Transforming the Insurance Industry and Practice of Law
- Speakers:
Jim Bonk, G4S
Ian Matyjewicz, Herbert L. Jamison & Co., L.L.C.
Karen Painter Randall, Unknown
Howard Panensky, Willis Towers Watson
In today’s changing world, people are communicating through technology not available a decade ago on social media websites such as Facebook, Twitter, UTube and live chats via “FaceTime”. Businesses are going “paperless” and transmitting sensitive information through email requiring security measures to protect confidential information. In a profession based upon tradition and legal precedent, attorneys and insurance professionals cannot ignore these technological changes. This roundtable will use real life hypotheticals to focus on new laws and ethical opinions to keep pace with this technological and communication revolution. For example, does an attorney have a duty to delete from their “LinkedIn” page endorsements that may be misleading? What steps must businesses, including law firms take to protect confidential client information and avoid cyber liability? Google claims that Gmail users have no expectation of privacy and that communications with a client Gmail account holder may not be protected. How will attorneys make sure confidential communications sent to a client via Gmail remain privileged? The Roundtable will focus on what impact these recent decisions and ethical opinions have on the use of technology in litigation, cyber liabilty, and provide practice tips to avoid pitfalls in the changing technological climate.
Back to topPanel 2 - Ethical Considerations Encountered by Insurers and Counsel When Handling Multiple Insureds Under Single Policy
- Speakers:
Scott Britton, Ford & Britton, P.C.
Hon. Dennis Burke, ADR Systems of America
Maryanne Larsen, Self Employed
Additional insured claims under a general liability policy pose challenges in handling to insurers and attorneys alike. Two of the biggest questions are whether to assign separate counsel and whether to internally treat claims separately. Failing to assign separate defense counsel when necessary could lead to a bad faith claim against the insurance company and/or an ethical code violation by counsel representing both parties. Failing to treat claims separately raises privilege issues and concerns over apportioning liability limits. This session will explore the factors to consider when making these challenging decisions, including whether a conflict exists, when an attorney should withdraw, disclosure and informed consent, how to protect privilege, how limits should be apportioned, and the advantages and disadvantages to each decision.
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