Schedule/Sessions
SESSION 1 - Tea Leaves and Coverage: Emerging Coverage Issues in Cyber Litigation
Data breach litigation is everywhere. What are the coverage implications for the cyber litigation boom, both under legacy policies and new cyber insurance forms? So far, courts have provided little guidance to claims personnel, underwriters, brokers, and risk managers tasked with evaluating and delineating cyber coverage. This panel will discuss emerging coverage issues in connection with cyber data breach litigation and other cyber events, examining varying policy language in cyber and legacy insurance forms, recent judicial decisions on cyber liability and cyber coverage. Some issues addressed include different coverages under different cyber insurance forms, whether corporate culture and data collection procedures are relevant to coverage, and whether a wave of cyber-related “property damage” litigation from financial institutions is on the horizon.
SESSION 2 - Enforceability of Forum Selection and Choice of Law Clauses in Coverage and Extra-Contractual Disputes
- Speakers:
Michael Handler, Forsberg & Umlauf PS
Allan Joseph, IAT Insurance Group
David M. O'Connor, O'Connor & Associates, LLC
Insurance contracts increasingly contain bargained-for forum selection provisions addressing whether disputes between the insurer and insured must be resolved in a designated state’s courts, or whether the parties must enter into binding or non-binding dispute resolution. Although supported by US Supreme Court authority, forum selection agreements are nevertheless often subject to challenges or even competing proceedings, for which insurers’ claims representatives and their counsel must be prepared. Similarly, one of the first questions for a claims representative to answer, upon receiving notice of a claim, is which state’s law will apply. Here too, ostensibly clear contractual choice of law provisions are challenged and the results can vary, depending at times on the type of claim involved and whether claims handling or contract interpretation alone is at issue.
Our panelists will draw from their experiences with insurance policies and endorsements. They will point out the importance of key differences in policy language and fact situations. They will identify both supporting and challenging case law that claims representatives need to be aware of, to anticipate and efficiently resolve Choice of Forum clause, Alternative Dispute Resolution clause and Choice of Law controversies.
Back to topSESSION 3 - Liability Coverage Issues Raised by Police Misconduct
- Speakers:
Richard Pevner, Summit Risk Services
John Reitwiesner, Core Specialty Insurance
Nicholas Reuhs, Ice Miller
Michelle Valencic, Self Employed
The panel will discuss various liability coverage issues raised by police misconduct in the context of wrongful imprisonment, civil rights and/or excessive force cases. This will include an overview of the liabilities and immunities involved and the coverages which may be targeted to respond. Special emphasis will be given to the scope and limitations of specialized Law Enforcement Liability Coverage and/or Public Officials Liability Coverage. Case law addressing the trigger of coverage for malicious prosecution/wrongful imprisonment will be discussed and debated, along with other select coverage issues raised by law enforcement claims.
Keynote - Ready, Aim, Hire!
The pace of change in the world around us is at an all-time high and it’s only getting faster. With many emerging trends in technology, innovation, consumer expectations and the law, remaining status quo is simply not an option. Glenn Shapiro joins us to talk about how claims organizations and claim professionals must get ready by raising their level of awareness of trends that will impact the industry, build strategies aimed at where things are headed, and implementing new approaches to hiring and mobilizing the workforce.
Back to topSESSION 4 - Can't We Agree to Disagree and Save Money? A New Approach to the Use of Intercompany Dispute Resolution Agreements
- Speakers:
Stanley Greenspan, Crum & Forster
William McVisk, Tressler, LLP
Christopher Murray, USI Insurance Services
Irene Yesowitch, Self Employed
The costs associated with transferring the risk to other insurers as well as enforcing rights and obligations as between primary and excess insurers are continuing to skyrocket without any “game changer” in sight. This panel, after briefly acknowledging the legal duties owed between and amongst insurers, will propose a model utilizing intercompany dispute resolution agreements that could save insurers literally hundreds of thousands of dollars. The panel will then facilitate a discussion, through the use of case studies, soliciting opinions, comments, and criticisms from the claims, litigation and legal professionals in the room. The goal would be to identify the necessary elements to implement the “game changer.”
Back to topSESSION 5 - The Insurer's Hollow Crown: Reservations, Denials and Loss of Control or How to Reserve Your Rights and Lose Your Shirt
- Speakers:
Brian Boardingham, AXA XL
Mitchell Orpett, Tribler Orpett & Meyer, P.C.
Rebecca Selinger, General Star Insurance Services LLC
Some claims are covered. Some are not. Some claims trigger only a duty to defend. What to do? Deny? Reserve rights? Hire counsel? Let the insured hire counsel? Who controls the defense? And now they want to settle? Can I say no? These and other questions crucial to claims resolution will be explored in this program. Panelists will discuss the legal and strategic implications resulting from the covered/uncovered conundrum, conflicts of interest, reservations of rights and the risk of losing control of the defense and the ability to reach or stop settlements. Can a simple reservation of rights really result in a high settlement AND coverage? The program will also examine the proper role of counsel, both retained and independent, in the middle of a coverage controversy, the legal and professional duties owed by each and the traps that await the unwary.
When is a settlement collusive? Can an insured consent to judgment and be covered? How will you counsel your client, whether the insured or the insurer? This program will provide important insights into this developing and dangerous area of the law now affecting every type of claim.
No Learning Objectives Available
