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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:

  1. Lessons from Super Storm Sandy
  2. Declaratory Judgment Actions and Discovery
  3. Employment Practices and Social Media
  4. Allocation Issues
  5. Bad Faith Update
  6. A Look at the Future

Who Should Attend:

  1. Insurance company attorneys
  2. Civil Litigators: Plaintiff and Defense
  3. 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)


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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.

Pricing Information for Member
Seminar
0
ALB-Registration $165.00
 

Pricing Information for Non Member
Seminar
0
ALB-Registration $265.00
 

Pricing Information for Student Member
Seminar
0
ALB-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.