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.
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BUFF-Registration
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$165.00
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BUFF-Registration
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$265.00
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BUFF-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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