Advanced Insurance Practice 2013
Friday, May 17, 2013
- Location -
Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600
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: Dennis M. Wade, Esq., Wade Clark Mulcahy, NYC
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:
Michael A. Miranda, Esq., Callan Koster Brady Brennan,
NYC
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:
Patti Fern Potash, Esq., White Fleischner & Fino, LLP, White
Plains
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: Monte E. Sokol, Esq., L'Abbate Balkan Colavita &
Contini, LLP, Garden City
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 and L.I. Local 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: Dan D. Kohane, Esq., Hurwitz & Fine, P.C.,
Buffalo
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 Eastern Long Island: Take the Long Island Expressway (495) West to
Exit 49 North (Route 110 Huntington). Stay on the Service Road and after
the second light, the hotel is on the right hand side. From Western Long
Island: Take the Long Island Expressway (495) East to Exit 49 South
(Route 110 Huntington). Make a left at the first light into Old Walt
Whitman Road. Stay on Old Walt Whitman Road and the hotel will be on the
right side. From the Northern State Parkway: Take the Northern State
Parkway to Exit 40 South (Route 110 South). Continue to the westbound
Service Road of the Long Island Expressway (495) West. Make a left onto
the Service Road and the hotel will be on your right hand side. From the
Southern State Parkway: Take the Southern State Parkway to Exit 32 North
(Route 110 Huntington) to the Service Road of the Long Island Expressway
(495) West. Make a left onto the Service Road and the hotel will be on
your right hand side. From MacArthur (Islip) Airport: Take Veterans
Memorial Highway (Junction 454) Northbound to the Long Island Expressway
(495) West to Exit 49 North (Route 110 Huntington) Continue on the
Service Road and the hotel is just past the second light on the right
hand side. From LaGuardia Airport: Take the Grand Central Parkway
Eastbound to the Northern State Parkway East to Exit 40 South (Route 110
South) Continue to the Westbound Service Road of the Long Island
Expressway (495). Make a right at the light onto the Service Road and
the hotel is on the right hand side. From JFK Airport: Take the JFK
Expressway East to the Belt Parkway East and follow the signs to the
Southern State Parkway East. Take the Southern State Parkway to Exit 32
North (Route 110 Huntington). Make a left onto the Westbound Service
Road of the Long Island Expressway (495) and the hotel will be on your
right hand side. From Newark International Airport: Take the New Jersey
Turnpike North (Route 95) to Exit 13. To the Verrazanno Bridge. From the
bridge take the Belt Parkway East to the Cross Island Parkway North to
the Long Island Expressway East to Exit 49 South (Route 110 Huntington).
Make a left at the first light, onto Old Walt Whitman Road and the hotel
will be on your right hand side. From the Verrazanno Bridge, Staten
Island, New Jersey and Brooklyn: Belt Parkway East to the Cross Island
Parkway North to the Long Island Expressway (495) to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on your right hand side. From Throgs
Neck Bridge, Whitestone Bridge, Upstate NY and New England: Cross Island
Parkway South to the Long Island Expressway (495) East to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on the right hand side.
The last day to pre-register online was May 16, 2013.
Members, please login to get member discounts.
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LI-Registration
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$165.00
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$265.00
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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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