Torts, Insurance, and Compensation Law Home

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    TICL Fall Meeting Join the section in Nashville this November 9-12 for the Fall Meeting
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    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)
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  • Upcoming Events
    • September 2017: Law School for Insurance Professionals

      LAW SCHOOL FOR INSURANCE PROFESSIONALS

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      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:

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      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: 
      Hon. Paul Baisley, Jr., Supreme Court, Suffolk County, Riverhead * 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 * Laurine M. Rubin, Esq., Picciano & Scahill PC, Westbury * Hon. Larry S. Schachner (Ret.) Justice of the Supremem Court, Bronx * Sim R. Shapiro, Esq., Baxter Smith & Shapiro, PC, White Plains * David J. Tetlak, Esq., Picciano & Scahill PC, Westbury

      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

      View/download the program brochure.

      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


      REGISTRATION FEES:
      NYSBA TICL Section Members:  $575 
      NYSBA Members Admitted 5 Years or Less: $375
      Other NYSBA Members: $625 
      Non-NYSBA Attorneys:  $700 
      Commuter Rate for MCLE Program Only for Tennessee Attorneys:  $300
      (Commuter Registration By Hard Copy Form only - please write "Commuter" on form 
      and Authorize Appropriate Payment.)


      REGISTER ONLINE NOW 
      OR

      VIEW/DOWNLOAD FALL MEETING REGISTRATION FORM

      VIEW/DOWNLOAD FALL MEETING PROGRAM


      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. 

      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!

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    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