Current Developments in Insurance Law 2010 (Groupcast Location)

Overview

Co-Sponsored by New Jersey Institute for Continuing Legal Education

Why You Should Attend

Current Developments in Insurance Law 2010 is an update on the latest developments in insurance law.  Far from a static field with well-settled case law and longstanding regulations and statutes, each year brings new insurance regulations, statutes and cases.  Moreover, with rapidly developing exposures emerging from everything from subprime to Chinese Drywall, insuring risks has never been more complex.  At this program our faculty will provide an overview of the recent developments in all areas of insurance law, from property to product liability and from health care to professional liability.

What You Will Learn

• Receive in-depth analyses and updates on the most common coverages including: general liability, property, health, life and D&O policies
• Update your understanding of emerging claim and litigation trends
• Review key coverage issues under CGL policies, including new exposures such as Chinese Drywall, benzene and climate change claims
• Learn about important coverage limitations and defenses under D&O policies and how insurers respond to claims from subprime and other exposures

Who Should Attend

This program will provide a comprehensive overview of insurance law for industry personnel, along with an update on the latest developments.  Legal and insurance claims personnel, in-house counsel, risk managers, human resource specialists, insurance brokers and intermediaries, self-insureds and third-party administrators, as well as attorneys practicing in insurance, reinsurance, litigation and corporate law, will benefit from this program.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

First Day:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Introduction

Suzan F. Charlton, Laura A. Foggan

9:15  General Liability Insurance

• Developing issues concerning the duty to defend, pretender costs, notice and the tripartite relationship
• Defining indemnity obligations, handling settlement demands and seeking recoupment of payments for uncovered claims
• Key developments concerning coverage issues and claim trends under CGL coverages

Laura A. Foggan

10:25  Umbrella and Excess Insurance

• What is the difference between umbrella and excess insurance?
• "Follow form" provisions and how they apply
• Relationship between primary and excess coverages, including exhaustion, timing of payments, etc.

Bert Wells

11:30  Networking Break

11:40  Property Insurance

• Analysis of the core first-party coverages, including property damage and business interruption, as well as common coverage extensions, such as civil authority and dependent property
• Recent developments on burdens of proof and documenting the loss
• Peculiarities of first-party recovery in mass catastrophes
• Lessons from 9/11 and hurricane claims
• Tips on avoiding problems by selecting appropriate policy wording

Richard P. Lewis

12:40  Lunch

Afternoon Session:  1:30 p.m. - 5:00 p.m.

1:30  Directors & Officers Liability Insurance

• Current issues: subprime, financial crisis, and more
• Severability clauses - broad and broader
• Priority of payment provisions
• Presumptive indemnification - issues and answers
• "Side A Coverage" - necessary or not?

Jason P. Cronic, Kevin M. LaCroix

2:45  Networking Break

3:00  Product Liability Insurance

• What is a "product," as opposed to an "operation"?
• Application of separate limits and aggregate limits
• Effect of business risk exclusions in CGL policies
• Specialty insurance coverage for product recalls

Suzan F. Charlton

4:00  Workers' Compensation Insurance

• Fundamentals of Workers' Compensation
• Trends in Workers' Compensation law
• Runaway narcotics and fraud claims
• Enforcement measures to recoup fraud losses

Rudolph L. Rose

Second Day:  9:00 a.m. - 5:00 p.m.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Insurance Issues in Transactions

• Insurance products available in mergers and acquisitions, private equity and other corporate transactions
• Update on transaction-specific coverages
• Case studies on buyer/seller representations and warranties insurance, tax insurance, litigation buyouts and environmental insurance
• Considerations in negotiating a transactional insurance policy

Mary M. Duffy

10:15  Networking Break

10:30  Brokers and Agents

• Role of agent/broker in the procurement of coverage
• Obligations of an agent to the insurance company
• Obligations of a broker to the client/policyholder
• Role of agents/brokers in the claims process
• Recent case law developments involving liability claims against and brokers
• Recent statutory developments involving claims against insurance agents and brokers

Lisa Doherty

11:30  Employment Practices Liability Insurance

• Definition of employment practices violation
• Liability for RIFs, lay-offs and other recessionary steps
• Coverage for sexual harassment, discrimination and retaliation suits
• Key cases to date and issues for tomorrow

German A. Gomez

12:30  Lunch

1:30  Current Developments in Life Insurance and Annuities

• Current regulatory and litigation issues, including sales practices, annuity suitability; disclosures, and illustrations
• STOLI;  and state and federal regulatory initiatives, including principles based reserving and SEC Rule 151A
• New Product Designs and Features, including IIPRC standards development

Steven Kass

2:30  Health Insurance Fundamentals

• How healthcare insurance differs from other insurance
• State versus federal regulation of health insurance
• Overview of Medicare and Medicaid
• What employers need to know about ERISA
• Tips and pitfalls re healthcare claims and litigation

Tricia A. Asaro

3:30  Networking Break

3:45  Medicare Reporting and Recovery: New Requirements

• Workers' compensation, automobile, health and liability insurers
• Section 111 reporting
• CSR conditional payments and recovery
• Issues in implementing and applying new obligations

Karen S. Lovitch

5:00  Adjourn

Faculty

Co-Chair(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.