Advanced Insurance Practice 2013

Friday, May 10, 2013

- Location -
Holiday Inn Amherst
1881 Niagara Falls Blvd.
Amherst, NY 14228
(716) 691-8181

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

Speaker: Steven Peiper, Esq., Hurwitz & Fine, P.C.

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: Timothy E. Delahunt, Esq., Kenney Shelton Liptak Nowak LLP

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: Valerie L. Barbic, Esq., Trevett Cristo Salzer & Andolina P.C.

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: Patrick B. Omilian, Esq., Goldberg Segalla LLP

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: Scott P. Horton, Esq., Jaeckle Fleischmann & Mugel, LLP

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: Dan D. Kohane, Esq., Hurwitz & Fine, P.C. (Buffalo Local Chair)

4:25 p.m. Adjournment

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 Buffalo-Niagara Int'l Airport: Exit the airport onto Rt. 33W and continue to the 90E. Take exit 50, Rt. 290W. Exit on Niagara Falls Blvd. exit 3 turn right.From the Canadian Border: (Peace Bridge) Take the 190N to the 290E to exit 3B, Niagara Falls Blvd. N (Rt. 62). Our hotel is just past the overpass on the right.From Niagara Falls Canada: (Rainbow Bridge) Take the 190S to the 290E to exit 3B, Niagara Falls Blvd. N (Rt 62). Our hotel is just past the overpass on the right.From the NYS Thruway (90) E or W: Exit 50, Rt. 290 W to exit 3, Niagara Falls Blvd. Turn right at the signal and right again into our parking lot.

The last day to pre-register online was May 9, 2013.

Members, please login to get member discounts.

Pricing Information for Member


Seminar

BUFF-Registration	$165.00

Pricing Information for Non Member


Seminar

BUFF-Registration	$265.00

Pricing Information for Student Member


Seminar

BUFF-Registration	$60.00

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.