Torts, Insurance, and Compensation Law Home

  • TICL_Slider.jpg
    Law School for Insurance Professionals September 2017 - Insights and updates on current issues that the savvy insurance professional won’t want to miss! (click image for details)
  • TICL Twitter Slider
    TICL Tweets! Follow @NYSBATICL for quick and relevant updates in your field
  • Pen and People in Bubbles Slider
    Connect with your TICL colleagues! Learn more about our private online professional Community - Free to members! (click image for details)
  • AM18_Slider.jpg
  • Upcoming Events
    • August 20, 2017: Baseball and the Bar - Buffalo, NY

      New York State Bar Association | Young Lawyers Section, District 8 | Torts, Insurance, and Compensation Law Section

      Baseball and the Bar - An Afternoon of Fun, Food, and BASEBALL!

      SUNDAY, AUGUST 20, 2017
      FIRST PITCH - 1:05PM

      COCA - COLA FIELD - BULLY HILL PARTY DECK
      ONE JAMES D. GRIFFIN PLAZA
      BUFFALO, NEW YORK 14203

      Cost - $25.00 per person (includes ticket, food, and alcoholic and non-alcoholic drinks) 


      Enjoy Sunday Funday with food, drinks, and Baseball! 

      Hangout with colleagues and friends; eat, drink and make new connections!

      Buffalo Bison's pic 2VS.         Gwinnet Braves - Pic

      Tickets are limited and can be picked up at WILL CALL

      Register TODAY!


      Special thanks to our sponsors:

      Phillips Lytle     Bar Association of Erie County   

        Counsel Press  Minority Bar Association of Western New York

    • August 23, 2017: A Day at the Races - Saratoga, NY

      New York State Bar Association 

      Young Lawyers Section
      Corporate Counsel Section
      Elder Law and Special Needs Law Section
      Trusts and Estates Law Section
      Torts, Insurance, and Compensation Law (TICL) Section
      Real Property Law Section

      Albany County BarAlbany County Bar Association


      Saratoga Racetrack

      A DAY AT THE RACES

      Seating at Top of the Stretch
      NYSBA and ACBA featured race #2

      The New York State and Albany County Bar Association's Midsummer Classic

      Wednesday, August 23, 2017
      Post Time 1:00 PM
      Saratoga Race Course
      267 Union Ave. 
      Saratoga Springs, NY 12866

      Cost
      $100.00 - Limited VIP Tickets!  Includes track entry, seating at Top of the Stretch, food, drink, a trip to the Winner's Circle after 2nd race to have pictures taken with winning horse and jockey.
      $50.00 - Limited availability, includes track entry, seating at Top of the Stretch, food, and drink.

      Register HERE!

      For more information about this event, contact Alex Englander at  aenglander@nysba.org.


      WANT TO MAKE A DAY OF IT?  CHECK OUT THE REAL PROPERTY LAW SECTION'S FREE CLE:

      Real Estate Closings A to Z:  Contract Review to Post Closing

      Wednesday, August 23, 2017
      9:30 am – 11:15 am

      Office of Court Administration, 4th Judicial District
      65 South Broadway (in the Washington Baths building)
      Saratoga Springs, NY  12866

      This CLE is free for NYSBA members only. 

      Non-members and government attorneys:  $50

      For Public Officials: The New York State Bar Association is registered with the New York State Joint Commission on Public Ethics pursuant to the Lobbying Act to engage in lobbying activities. Consequently, public officials cannot accept certain benefits from the Association. Further information can be obtained by contacting an official’s agency ethics officer or the Association at (518) 463-3200.

      For more information about this program, contact Amy Jasiewicz at ajasiewicz@nysba.org

    • September 2017: Law School for Insurance Professionals

      LAW SCHOOL FOR INSURANCE PROFESSIONALS

      TICL_Slider.jpg

      New York City (Sept. 13) | Syracuse (Sept. 19) | Albany (Sept. 26) | Long Island (Sept. 27)

      Co-sponsored by the NYSBA Torts, Insurance & Compensation Law Section (TICL), the New York Insurance Association, Inc. (NYIA), and the Insurance Federation of New York, Inc. (IFNY) 

      Join insurance industry professionals and their counsel for a unique program involving direct interaction between some of New York’s top insurance and defense attorneys and the industry they serve.

      View/download the Brochure

      2017 Topics:
      • Labor Law Claims: Controlling and Valuing the Economics
      • Legal Procedures and Nuances that Impact a Claim
      • Auto Insurance Claims
      • Additional Insured Coverage: Can the Risk Really Be Shifted?
      • The Unruly Realm of Workers Compensation: How Will It Impact Your Claim?
      • Deciding When a Case Needs to Be Tried or Should Be Mediated

      Attend to receive insights and updates on current legal issues that the savvy insurance professional won’t want to miss! Law School for Insurance Professionals is a full-day seminar where coverage and defense attorneys share their knowledge and experience with insurance professionals from around the State. This course does not carry MCLE or CE credit. Attendees will receive a certificate of attendance.

      Program Co-Sponsors:

      new_logos1.jpg

      Thank You to Our Event Gold Sponsors!

      Record Press
      Social Media Online Investigations, Inc.

      Want to showcase your firm or company within the New York insurance professional community? We're still accepting program sponsors (view details).


      Dates and Locations:

      • New York City | September 13, 2017 - NYS Insurance Fund: 199 Church Street, New York, NY
      • Syracuse | September 19, 2017 - Sheraton Syracuse University Hotel and Conference Center: 801 University Avenue, Syracuse, NY
      • Albany | September 26, 2017 - New York State Bar Center: 1 Elk Street, Albany, NY
      • Long Island | September 27, 2017 - Inn at Fox Hollow - 7755 Jericho Turnpike, Woodbury, NY

      Cost:

      Registration fee: $105
      Group rate (5 or more from the same company): $95 each
      10% discount for TICL Section member, New York Insurance Association (NYIA) member, or Insurance Federation of New York (IFNY) member ($94.50 individual, $85.50 group rate)
      Law Student: $20

      Lunch and a program book are included with registration.

      Registration:

      Online* (Select location): 
      New York City (9/13) Syracuse (9/19) | Albany (9/26) | Long Island (9/27)  

      By Phone: (800) 582-2452 (M-F, 8am-5pm). Please mention the event code for your location: NYC (TICLIPNY17) | Syracuse (TICLIPSY17) | Albany (TICLIPAL17) | Long Island (TICLIPLI17) 

      *Don't have an online profile with NYSBA? No problem. To register online, simply click "Login to register" at your event location page, then follow the prompts to create a new user profile. 

      GROUP REGISTRATION (Applies to 5 or more attendees from the same company): Email TICLSection@nysba.org with (1) company name and contact details, and (2) list of names to be registered (specify program location). Please indicate whether you will need an invoice, or if you prefer to call with a credit card payment. If paying by check, make check payable to "New York State Bar Association" and mail attn to: Kathy Plog, NYSBA, 1 Elk Street, Albany, NY 12207. 

      Program Chairs:

      Overall Program Chair: Joanna Roberto, Esq. (Goldberg Segalla)
      Albany Chair: Mark T. Whitford, Jr., Esq. (Barclay Damon)
      Long Island Chair: Elizabeth Fitzpatrick, Esq. (Island Companies)
      New York City Chair: Joanna Roberto, Esq. (Goldberg Segalla)
      Syracuse Chair: Paul Callahan, Esq. (Brown Kelly)

      Speakers:
      Listed alphabetically by last name – Additional speakers will be announced

      Albany: 
      Jonathan H. Bard, Esq., Barclay Damon LLP, Buffalo * James J. Gascon, Esq., Costello, Cooney & Fearon, PLLC, Camillus * Carolyn B. George, Esq., Friedman, Hirschen & Miller, LLP, Albany * Jonathan Glasser, Esq., Lester Schwab Katz & Dwyer, LLP, New York City * Steven E. Peiper, Esq., Hurwitz & Fine, P.C., Buffalo * Mark R. Sonders, Esq., E. Stewart Jones Hacker Murphy, Troy

      Long Island: 
      Julian D. Ehrlich, Esq., Aon Risk Services Northeast, Inc., Garden City * Elizabeth A. Fitzpatrick, Esq., Island Companies, Calverton * Christine Malafi, Esq., Campolo, Middleton & McCormick, LLP, Ronkonkoma * Dirk Marschhausen, Esq., Marschhausen & Fitzpatrick PC, Hicksville * Brian W. McElhenny, Esq., Goldberg Segalla LLP, Garden City * Francis (Frank) Scahill, Esq., Picciano & Scahill, PC, Westbury

      New York City:
      Alfredo J. Alvarado, Esq., Lester Schwab Katz & Dwyer, LLP, New York City * Jerri Ann DeCamp, Esq., Traub Lieberman Straus & Shrewsberry, LLP, Hawthorne * Brian J. Donnelly, Esq., Ahmuty Demers & McManus, New York City * Michael P. Mezzacappa, Esq., Kaufman Borgeest & Ryan LLP, Valhalla * Harold L. Moroknek, Esq., Marshall Dennehey Warner Coleman & Goggin, Port Chester * Sim R. Shapiro, Esq., Baxter Smith & Shapiro, PC, White Plains

      Syracuse:
      Eileen E. Buholtz, Esq., Connors, Corcoran & Buholtz, PLLC, Rochester * Paul J. Callahan, Esq., Brown & Kelly, LLP, Buffalo * Kristen B. Degnan, Esq., Brown & Kelly, LLP, Buffalo * Michael Menard, Esq., Law Offices of Michael Menard, Buffalo * Arthur J. (A.J.) Smith, Esq., Baxter Smith & Shapiro, P.C., Hicksville * Melanie Slaughter Wolk, Esq., Trevett Cristo P.C., Rochester * Leonard D. Zaccagnino, Esq., Shaw & Shaw, P.C., Hamburg

      View/download the Brochure

      Agenda:

      8:30-8:55am | Registration

      8:55-9:00am | Welcome and Introductions

      9:00-10:00am | LABOR LAW CLAIMS: CONTROLLING AND VALUING THE ECONOMICS 
      • Ultimate impact of vicarious liability; how contracts can change the pendulum 
      • Criminal penalties; relying on experts to save the claim; update on case law and how it impacts your claim

      10:00-11:00am | LEGAL PROCEDURES AND NUANCES THAT IMPACT A CLAIM
      • Understanding how procedural hurdles such as collateral source, contribution, offset and pre/post judgment interest will affect your claim in comparison to substantive steps faced in litigation like IME results, appealing judgments, and a bankrupt insured.

      11:00-11:10 | Refreshment Break

      11:10am-12:00pm | AUTO INSURANCE CLAIMS
      • Insurance fraud- how to detect it and respond 
      • Staged accidents, medical providers; and assignment of benefits 

      12:00- 1:00 - Lunch, offered on premises

      1:00-1:50pm | ADDITIONAL INSURED COVERAGE:  CAN THE RISK REALLY BE SHIFTED?
      • Impact of contractual requirements on insurance coverage; privity requirements
      • Update on recent case law discussing interpretation of endorsements using terms “caused by” and “arising out of”
      • Horizontal and vertical exhaustion and impact of additional insured’s coverage

      1:50-2:45pm | THE UNRULY REALM OF WORKERS COMPENSATION: HOW WILL IT IMPACT YOUR CLAIM
      • Liens on third party settlement; subrogation and impact of Medicare Set Aside Arrangements in third party cases
      • lump sums settlements; conditional payment and releases
      • Interplay with general liability claims and litigation 

      2:45- 3:00 - Break

      3:00-4:00 | INTERACTIVE PRESENTATION: DECIDING WHEN A CASE NEEDS TO BE TRIED OR SHOULD BE MEDIATED
      • Candid discussions with a mediator or judge (depending on venue) and a seasoned trial attorney 
      • How the damages, venue and evidence make a difference in the decision

      Speaker names are coming soon.

      Questions?

      For questions, contact TICLSection@nysba.org, or call Kathy Plog at (518) 487-5681.



    • October-November 2017: Workers Compensation

      WORKERS COMPENSATION: LAW AND PRACTICE UPDATE

      October 20, 2017 | New York City | NY Society of Security Analysts
      October 20, 2017 | Syracuse | Sheraton Syracuse University Hotel 
      November 17, 2017 | Albany / Webcast | New York State Bar Association | Live and Webcast
      November 17, 2017 | Buffalo | Adam's Mark Hotel 

      9:00am-4:00pm

      Topics:

      • Workers Compensation Proceedings: From Beginning to End - A historical perspective, basic concepts and steps in starting and responding to a claim
      • Medical Treatment Guidelines
      • Ethical Considerations In Managing Clients and Handling Proceedings
      • Third Party Actions, Liens and Credit Issues
      • Section 32 Settlements and Medicare Concerns
      • Case Law Update, Trends and Developments

      6.0 Total MCLE Credits

      Details and registration:
      New York City | (10/20) | Syracuse (10/20) | Albany/Webcast (11/17) | Buffalo (11/17) 

    • Oct 25 Drone Law CLE Live and Webcast

      Drone Law: Regulatory & Data Collection Issues

      Wednesday, October 25, 2017 - Live and Webcast
      2:00 - 4:00 p.m.
      New York Society of Security Analysts
      1540 Broadway, STE 1010
      New York, NY  10036

      2.0 MCLE Credits in Areas of Professional Practice (Transitional)

      Pricing
      NYSBA Member: $95
      Torts, Insurance & Compensation Law Section Members: $80   (15% discount)
      Non-member: $195

      Click here for additional information and/or to register online.


    • November 9 - 12: Fall Meeting, Nashville, TN

      Join us for our Fall Meeting in Music City, USA!

      The Hutton Hotel
      1808 West End Avenue
      Nashville, TN

      Reserve your Hotel room now by calling The Hutton at (615) 340-9333 or 
      emailing them at: hreservations@huttonhotel.com  
      If emailing your reservation info., please do not forget to include your dates of stay.
      Deadline for hotel reservations is Monday, October 16, 2017.

      You must identify yourself as an attendee of the "NYSBA TICL Fall Meeting" when making your booking to receive our preferred rates:  
      $249 plus taxes and fees for Single/Double
      $269 plus taxes and fees for Triple
      $299 plus taxes and fees for One Bedroom Suites. 

      Meeting Information Coming Soon.

      Download and/or view information on Sponsorship Opportunities for this Program.
      Contact Catheryn Teeter, 518-487-5573 or cteeter@nysba.org for additional information.   

  • About the Section

    Welcome! The Torts, Insurance and Compensation Law Section of the New York State Bar Association is pleased to welcome Section members and visitors. Among the resources available for Section members on this site are Section publications and access to the TICL Section's private online professional community. Section members receive the Torts, Insurance and Compensation Law Section Journal  and the Construction & Surety Law Division's newsletter, Deconstruction, as a benefit of membership.

    Meet the Chair:

    Fitzpatrick

    Elizabeth A. Fitzpatrick, Esq. (View profile)
    Island Companies | Calverton, NY

    2017-2018 Officers
    CHAIR:  Elizabeth A. Fitzpatrick, Esq., Island Companies
    VICE-CHAIR:  Timothy J. Fennell, Esq.,
    Amdursky, Pelky, Fennell and Wallen, PC

    SECRETARY:  James P. O'Connor, Esq., Maroney O'Connor LLP
    TREASURER:  Brendan Francis Baynes, Esq., The Baynes Law Firm PLLC

    View Section Bylaws

    Like what you see? 

    As a member of the Torts, Insurance and Compensation Law Section of the New York State Bar Association, you have access to our journals, MCLE programs, networking events with members of the bench and bar, and online community. But there is more. Our section hosts over 15 committees in substantive areas of law, as well as two Divisions. As a member of our section, they are free to join. Please consider getting involved with one or more committees or divisions (view committees and divisions). There is no required time commitment to join a committee or division, but active participation is encouraged. Please also tell your colleagues about us and give them a copy of TICL's brochure.

    Contact Us:

    Feel free to reach out to any member of our Executive Committee for information, or contact us to join a committee or provide your opinion or feedback:

    Executive Committee | Join the Section | Join a Committee | Contact Staff


  • Divisions and Committees
  • Community

    Welcome to the TICL section Community!

    Networking Illustration Slider


    What are Communities? 

    NYSBA Communities are private, online professional networks for members. Communities are built on the concept of listserves, allowing for member-to-member communication across the Section, but they also offer enhanced features for networking and participation, including personalized member profiles, a member directory, and a shared online document library.

    How Can I Use It?
    Communities are seamlessly integrated with nysba.org: you can use your NYSBA member login and password. To access the TICL Section Community, you must be a member of the TICL Section. (Not a member? Join here. Dues are only $40/year with NYSBA membership.) You can interact with Communities via the online interface, by email, in NYSBA's LawHUB, or via a mobile app, at your preference. To download the app, search for "NYSBA Communities" in the Apple or Google Play Store.

    View Brief Video Tutorial | View Slides
    (Note: If this is your first time viewing a WebEx program, you may be asked to download a player to view the video)

    > Enter the TICL Community