Advanced Insurance Practice 2013
Friday, May 10, 2013
- Location -
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400
MCLE Credits: 6.5 hours (5.5 in Areas of Professional Practice; 1.0 in
Ethics)
Description
Recent natural disasters have raised awareness
of intricate insurance coverage issues. This full-day program, presented
by seasoned insurance law practitioners, will explore a number of
complex substantive and procedural issues in the insurance coverage
area. Topics to be discussed include:
- Lessons from Super Storm Sandy
- Declaratory Judgment Actions and
Discovery
- Employment Practices and Social
Media
- Allocation Issues
- Bad Faith Update
- A Look at the Future
Who Should Attend:
- Insurance company attorneys
- Civil Litigators: Plaintiff and
Defense
- Attorneys representing clients whose homes or
businesses have been or may someday be impacted by floods or other
natural disasters
This opportunity to gain insights on hot button
insurance coverage issues from highly respected insurance law
practitioners is not to be missed! Register online today!
Agenda
8:30 a.m. - 9:00
a.m.
Registration
9:00 a.m. - 9:10
a.m.
Welcome and Introductions
9:10 a.m. - 10:25
a.m.
Water, Water Everywhere: What Every Lawyer Should Know About Super
Storm Sandy
and Other Natural Disasters
- Overview of first party coverage
- Groundwater, Floods, Surge and Coverage
- Business Interruption Insurance
- Policyholder and carrier counsel perspectives
Speakers: Jean A. Gerbini, Esq., Whiteman Osterman &
Hanna, LLP, Albany
Stephen T. Surace, CPA, MBA, Adjusters International,
Utica
10:25 a.m.- 10:35
a.m. Coffee
Break
10:35 a.m. – 11:35
a.m. Declaratory Judgment
Actions and Discovery
- What is relevant and discoverable in coverage litigation;
- Understanding the nature and content of claims files and underwriting
files
- How to properly raise privileges and secure or oppose applications for
protective orders;
- Ethical considerations with regard to privilege claims
- Discovery and protection of Electronically Stored Data
Speaker: Kenneth A. Krajewski, Esq., Brown & Kelly, LLP,
Buffalo
11:35 a.m. - 11:45
a.m. Coffee Break
11:45 a.m. – 12:45
p.m. Who Goes First? Allocation
Issues for Defense and Indemnity:
-
“Other insurance” issues
- Primacy, proration and sharing
-
Obligations to defend, choosing defense counsel, dividing defense
costs
- Indemnity obligations between and among primary, excess and umbrella
carriers
- Long tail claims – lead, asbestos and other challenging
claims
Speaker:
James J. Gascon, Costello, Cooney & Fearon, Syracuse
12:45 p.m. - 1:45
p.m. Lunch
(on your own)
1:45 p.m. - 2:35
p.m.
Bad Faith Update
- First Party Bad Faith Claims
- GBL 349
- Unfair Claims Settlement Practices and Available Damages
- Bad Faith in the Third Party Context-An Update
Speaker:
Mirna M. Santiago, Esq., White, Fleischner & Fino, LLP, White
Plains
2:35 p.m. - 3:25
p.m.
Employment Practices and Social Media:
-
Ethical rules relating to social media investigation and discovery
- Employer’s rights to demand passwords
- Constructing appropriate discovery demands and securing records from
social media sites
Speaker: Elizabeth A. Fitzpatrick, Esq., Hurwitz & Fine,
P.C., Melville (Overall Planning Co-Chair)
3:25 p.m. - 3:35
p.m.
Refreshment Break
3:35 p.m. - 4:25
p.m.
Look Back – Top Ten Insurance Coverage Decision in the Past Year
and a Peek Through
the Looking Glass
- What decisions have changed the paradigm?
- What’s on the horizon?
Speaker:
Mark Thomas Whitford, Esq., Hiscock & Barclay, LLP,
Rochester
4:25
p.m.
Adjournment
Albany Local Chair: Anthony J. Piazza, Esq., Hiscock &
Barclay, LLP, Rochester
6.5 MCLE credits (5.5 Areas of
Professional Practice; 1.0 Ethics)
COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED
ELECTRONICALLY!
All program materials are distributed exclusively online in
searchable PDF format, allowing attendees more flexibility in storing
this information and allowing you to copy and paste relevant portions of
the materials for specific use in your practice. A CLE NotePad
© (paper) will be provided to all attendees at the live program
site. The CLE NotePad © includes lined pages for taking notes
on each topic, as well as any PowerPoint presentations submitted prior
to printing.
Prior to a scheduled program date, all registrants will receive an
email message containing a hyperlink that when clicked will provide you
with access to the complete course materials in a searchable PDF format
which can be downloaded to your computer using the “Save As”
option under your “File” tab. Printing the complete
materials is not required for attending the program. Online materials
are updated periodically to reflect last minute submissions from program
faculty, guaranteeing that you will always have the latest version of
the materials.
Traditional printed course books may be ordered at the program site
for a discounted price and will be shipped subsequent to the program
date.
Directions
From the South/West Take Thruway to Exit 24 - Northway (I-87) Take the
Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady
Road) Follow approximately 2-3 miles, until you see Wendy's on your left
Turn left at Wendy's onto British-American Blvd. Follow for ¼ mile
to Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd
driveway on right, before the cul-de-sac From the North Take the
Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road)
Follow approximately 2-3 miles, until you see Wendy's on your left Turn
left at Wendy's British-American Blvd. Follow for ¼ mile to Cornell
Road Make a Right onto Cornell NYS Nurses Association is 3rd driveway on
right, before the cul-de-sac From the East 1-90 to the end - follow
signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady
Road) Follow approximately 2-3 miles, until you see Wendy's on your left
Turn left at Wendy's British-American Blvd. Follow for ¼ mile to
Cornell Road Make a Right onto Cornell NYS Nurses Association is 3rd
driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON
CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE
BUILDING.
The last day to pre-register online was May 9, 2013.
Members, please login to get member discounts.
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ALB-Registration
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$165.00
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ALB-Registration
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$265.00
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ALB-Registration
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$60.00
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Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.
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