Advanced Insurance Practice 2013
Friday, May 3, 2013
- Location -
Genesee Grande Hotel
1060 East Genesee Street
Syracuse, NY 13210
(315) 476-4212
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: Jeffrey L. Kingsley, Esq., Goldberg Segalla, LLP,
Buffalo
10:25 a.m.- 10:35
a.m. Coffee
Break
10:35 – 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: James J. Gascon, Esq., Costello, Cooney & Fearon,
Syracuse
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: David R. Duflo, Esq., Smith, Sovik, Kendrick &
Sugnet, 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:
Alan J. Pierce, Esq., Hancock Estabrook, LLP, Syracuse
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:
Eileen E. Buholtz, Esq., Connors & Corcoran, PLLC,
Rochester
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:
Kevin T. Hunt, Esq., Gale Gale & Hunt, LLC, Syracuse
4:25
p.m.
Adjournment
6.5 MCLE credits (5.5 Areas of
Professional Practice; 1.0 Ethics)
George Skandalis, Esq., Pinsky and Skandalis, Syracuse:
Syracuse Local Chair

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 EAST OR WEST: NYS Thruway Exit
36. Go south on Rt 81 to Exit 18 (Harrison St/Adams Street). Bear right,
turn right onto Harrison Street, right on Townsend, right on Genesee
Street. Hotel is ahead on right about 6 blocks.
The last day to pre-register online was May 2, 2013.
Members, please login to get member discounts.
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SYR-Registration
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$165.00
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SYR-Registration
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$265.00
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SYR-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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