ABA TIPS ICLC的动态

ATTENTION ALL COVERAGE LAWYERS!! The TIPS Insurance Coverage Litigation Committee is seeking proposals for CLE presentations for its 33rd Annual Mid-Year Meeting to be held February 20-22, 2025, at the Estancia La Jolla Hotel & Spa. We are excited to welcome you back to La Jolla, California! Our Mid-Year Meeting there earlier this year was attended by insurance coverage practitioners, in-house and general counsel, brokers, academics, and state insurance and regulatory officials. As always, the meeting featured terrific panels and speakers covering timely and insightful insurance coverage topics. We already have received some great submissions for next year and hope you’ll join us in putting together additional cutting-edge panels. If you are interested in speaking on a panel, submitting a paper, and/or providing suggestions for presentations at the meeting, please contact Jason Reichlyn at [email protected] and Steven Corhern at [email protected]. In submitting proposals, please provide a brief description of the topic, draft title, and anticipated panelists. Suggested topic areas include: ????????????????Personal Lines Insurance Coverage/Litigation ????????????????Property Insurance Coverage/Litigation ????????????????Ethics ????????????????Bad Faith ????????????????Mediation/Appraisal ????????????????Management Liability/Securities ????????????????Professional Liability/EPL ????????????????Construction/Property ????????????????Emerging Risks ????????????????Primary/Excess ????????????????Regulatory/Restatement ????????????????Cyber ????????????????General Coverage Litigation DEADLINE FOR INITIAL SUBMISSIONS: May 20, 2024

Public liability insurance is a crucial safeguard for businesses, shielding them from financial losses due to third-party claims. Here's why firms necessitate public liability insurance and some practical examples: Why: 1. Legal liability: Businesses can face legal liabilities for injuries or property damage to third parties like customers or visitors. 2. Financial protection: This insurance offers coverage for legal damages, settlements, and legal expenses. 3. Business reputation:It aids in upholding customer trust by showcasing a commitment to safety and accountability. Practical examples: 1. Slip and fall: A customer slipping in a supermarket and suing the business for damages. 2. Product liability: A defective product causing harm to a consumer. 3. Event liability:A festival organizer facing a lawsuit from an injured attendee. 4. Professional services:A consultant being sued by a client for negligence. In each scenario, public liability insurance plays a pivotal role in covering legal and financial expenses related to third-party claims, safeguarding the business's assets and reputation.

Very important and informative article bt Scott Baldwin of the Savvy Director on D&O Insurance - What You Need to Know In?their last?Savvy Director?blog, they explored how a director may incur personal liability because of their board service. Practicing due diligence is all well and good, but a director’s actions or inactions may still expose them to litigation and penalties. That’s why companies provide their directors with protection through indemnification. https://lnkd.in/dc44PMB8

2024 Ohio Insurance, Negligence, and Construction Law Conference Thursday, October 24, 2024 | 8:30 AM – 4:00 PM 6.0 total CLE hrs. | Approved for 5.0 OSBA Insurance Coverage Law Certification Hours Register for Webcast The intersection of insurance, negligence and construction law presents unique challenges. This program will explore causes of action and legal issues related to defective construction and workmanship. Presenters will also share advice on how to guide clients on handling construction defect lawsuits from a contractor’s and subcontractor’s perspective and how to evaluate coverage under commercial general liability policies in Ohio. This includes the duty to defend, reservation of rights letters, occurrence and trigger of occurrences. Additionally, the program will include a discussion of current issues affecting insurance in the three branches of Ohio government and insurance coverage for cyber liability.

Kanner & Pintaluga, P.A. Sues Merlin Law Group On November 22, 2024, the law firm of Kanner & Pintaluga, P.A. sued Merlin Law Group, P.A. and Chip Merlin in Miami-Dade County, Florida. Please read the complete details of the lawsuit and draw your own conclusions. I am not stating that any of the allegations are true or false. Below are some of the allegations. Again, all of the allegations made by plaintiff are contained in the lawsuit and attachments. Plaintiff alleges "defamation per se, defamation, and defamation by implication". (Para. 1) "Plaintiff’s claims are based on a blog post authored by Chip Merlin and published on Merlin Law Group’s website on November 15, 2024, titled “Progressive and K&P’s Alleged Insurance Scheme: When Reality is Stranger than Fiction” (the “Blog Post”), and a post on Merlin Law Group Facebook page with defamatory statements that provided a link to the Blog Post (the “Facebook Post”)." (Para. 12) "The subject of the Blog Post is a class action lawsuit filed by Kelly Cook and Esther Kelley-Cook, individually and on behalf of all others similarly situated, against Kanner & Pintaluga and Progressive Casualty Insurance Company (“Progressive”), in the United States District Court for the Southern District of Texas (the “Class Action Lawsuit”)." (Para. 15) "The Class Action Lawsuit plaintiffs allege that Kanner & Pintaluga and Progressive illegally shared crash victims’ personal information for solicitation—a practice known as barratry. The plaintiffs further alleged that they were contacted by Kanner & Pintaluga after reporting their motor vehicle crashes to Progressive." (Para. 16) ? "Kanner & Pintaluga denies the allegations in the Class Action Lawsuit." (Para. 17)

THERE'S STILL TIME! The TIPS Insurance Coverage Litigation Committee is seeking proposals for CLE presentations for its 33rd Annual Mid-Year Meeting to be held February 20-22, 2025, at the Estancia La Jolla Hotel & Spa. We are excited to welcome you back to La Jolla, California! Our Mid-Year Meeting there earlier this year was attended by insurance coverage practitioners, in-house and general counsel, brokers, academics, and state insurance and regulatory officials. As always, the meeting featured terrific panels and speakers covering timely and insightful insurance coverage topics. We already have received some great submissions for next year and hope you’ll join us in putting together additional cutting-edge panels. If you are interested in speaking on a panel, submitting a paper, and/or providing suggestions for presentations at the meeting, please contact Jason Reichlyn at [email protected] and Steven Corhern at [email protected]. In submitting proposals, please provide a brief description of the topic, draft title, and anticipated panelists. Suggested topic areas include: ????????????????Personal Lines Insurance Coverage/Litigation ????????????????Property Insurance Coverage/Litigation ????????????????Ethics ????????????????Bad Faith ????????????????Mediation/Appraisal ????????????????Management Liability/Securities ????????????????Professional Liability/EPL ????????????????Construction/Property ????????????????Emerging Risks ????????????????Primary/Excess ????????????????Regulatory/Restatement ????????????????Cyber ????????????????General Coverage Litigation DEADLINE FOR INITIAL SUBMISSIONS: May 20, 2024

The Insurance Expert Showcase Series: Roadmap for Early Mediation when Insurance Plays a Central Role January Edition Join us for a complimentary series of one-hour Lunch and Learn sessions featuring distinguished insurance experts sharing their valuable insights into key aspects of insurance law. Tailored for litigators and mediators, these interactive sessions delve into emerging trends, essential legal principles, and practical challenges in the field. Attendees will gain a unique opportunity to learn from seasoned professionals, deepen their knowledge, and explore real-world applications in a collaborative and engaging environment. This is program 1 of 3. Presenter: Kathleen J. Devlin?is a Partner at Weber Gallagher and practices in New York and New Jersey.?With over thirty years of experience handling insurance coverage matters, she?is an experienced litigator who provides advice to insurers and litigates coverage issues relating to various types of insurance policies, including comprehensive general liability, directors and officers, errors and omissions, employment practices liability, professional liability, commercial property and casualty, and public entity and public officials.?Her practice consists of managing coverage cases and representing the interests of insurers in a variety of areas, including environmental contamination, asbestos exposure, toxic tort, construction defect, commercial matters, and professional liability. Kathleen has successfully addressed coverage issues and disputes through coverage opinions,?mediation, and declaratory judgment actions.?She frequently lectures and moderates seminars on insurance-related and other topics. Moderator: Michele Kern-Rappy, Esq.,?National Mediator | Michele Kern Rappy Dispute Resolution | Mediator @ Resolute Systems, LLC | NY County Supreme Court Senior Mediator and Coordinator (Ret.), AAA, CPR. Please join us for our March and May Sessions: Thursday, March 6th? Friday, May 9th Registration is required for each program. This complimentary non-CLE informational program is sponsored by the Torts, Insurance and Compensation Law Section and the Trial Lawyers Section Register today! https://lnkd.in/eVy3aMCR

The Insurance Expert Showcase Series: Roadmap for Early Mediation when Insurance Plays a Central Role January Edition Join us for a series of complimentary one-hour Lunch and Learn sessions featuring distinguished insurance experts sharing their valuable insights into key aspects of insurance law. Tailored for litigators and mediators, these interactive sessions delve into emerging trends, essential legal principles, and practical challenges in the field. Attendees will gain a unique opportunity to learn from seasoned professionals, deepen their knowledge, and explore real-world applications in a collaborative and engaging environment. This is program 1 of 3. Presenter: Kathleen J. Devlin?is a Partner at Weber Gallagher and practices in New York and New Jersey.?With over thirty years of experience handling insurance coverage matters, she?is an experienced litigator who provides advice to insurers and litigates coverage issues relating to various types of insurance policies, including comprehensive general liability, directors and officers, errors and omissions, employment practices liability, professional liability, commercial property and casualty, and public entity and public officials.?Her practice consists of managing coverage cases and representing the interests of insurers in a variety of areas, including environmental contamination, asbestos exposure, toxic tort, construction defect, commercial matters, and professional liability. Kathleen has successfully addressed coverage issues and disputes through coverage opinions,?mediation, and declaratory judgment actions.?She frequently lectures and moderates seminars on insurance-related and other topics. Moderator: Michele Kern-Rappy, Esq.,?National Mediator | Michele Kern Rappy Dispute Resolution | Mediator @ Resolute Systems, LLC | NY County Supreme Court Senior Mediator and Coordinator (Ret.), AAA, CPR. Please join us for our March and May Sessions: Thursday, March 6th? Friday, May 9th Registration is required for each program. This complimentary non-CLE informational program is sponsored by the Torts, Insurance and Compensation Law Section and the Trial Lawyers Section Register today! https://lnkd.in/eVy3aMCR

Professional liability insurance is designed to protect executives against claims of negligence or inadequate work arising from their services. Companies often use these policies to safeguard a business’s financial assets from the potentially high costs of lawsuits and settlements in the event someone alleges executives have failed to uphold their duties. The policies often cover CEOs, CFOs, and other board members, but often fail to include CISOs. New Jersey-based insurer Crum & Forster is looking to change that. The company recently unveiled a policy specifically designed to shield CISOs from personal liability. Nick Economidis, vice president of eRisk at Crum & Forster, told CyberScoop that the company saw an opportunity since CISOs may not be recognized as corporate officers under a directors and officers liability policy, which normally covers executive liability. “CISOs are in a no-win situation,” Economidis said. “If everything goes right, that’s what people expect. If something goes wrong, they’re the person that everybody looks at and they’re left holding the bag. Then, there are potentially significant financial ramifications for them because they’re often not covered by traditional [professional liability] insurance policies.” https://lnkd.in/dCh2WgmA

Directors’ liability in RSA: Time for American-style D&O insurance? To ensure alignment between the interests of the management and owners of a company (the “agency problem”), shareholders elect directors onto a board and trust them to oversee management. In RSA, the fiduciary duties of directors once elected, and their personal liability if and when they breach their duties, are governed by a combination of the common law and the Companies Act, 2008. The common law is, as per its nature, conceived in broad terms, requiring that directors act in good faith, avoid conflicts of interests, don’t exceed their powers, and always prioritise the best interests of their company, etc. Sec 75, and especially Sec 76, of the Act add several more detailed provisions, such as the requirements of care, skill and diligence, the management of information, reasonable reliance on reports from managers, auditors, and lawyers, etc. In performing their fiduciary duties properly, directors fulfil their obligations to protect the shareholders’ interests. But what happens when directors fail in their fiduciary duties and shareholders suffer losses – can directors be held personally liable? In RSA, yes, directors can be held personally liable in terms of the common law and Sec 77 of the Act, both for active (eg willful misconduct or breach of trust) and passive failures (eg acquiescing with or failing to vote against unlawful acts). Some issues can potentially even lead to criminal charges (Sec 214). While the scope of liability in RSA is broader than several other legal jurisdictions (eg Delaware in the USA), it is restricted in terms of time, so liability proceedings must be launched within three years of the disputed issue (Sec 77[7]). In terms of passive failures, individual directors may rely on their honest and reasonable behaviour as part of their defence (Sec 77[9][a]), a provision intended to protect directors who were genuinely focused on the best interests of the company, and who believe they acted in a manner similar to how a notional “reasonable director” would have acted under similar circumstances. Despite Sec 78(2) generally voiding directors’ indemnities, Sec 78(7) allows companies to purchase indemnity insurance on behalf of its directors, and Sec 78(4) even allows companies to assist with advances for the director(s)’ litigation fees. Directors and Officers (D&O) insurance is old news, and very common in some other countries. In fact, companies who didn’t offer it would never be able to attract better directors to sit on their boards. D&O insurance covers at least the litigation & the settlement / award costs associated with liability claims against directors & chief officers (excluding deliberately fraudulent or criminal actions), and in some cases even insures the company itself. While many of us are wary of the over-litigious US culture, isn’t it time D&O insurance became more common in RSA? Or would that just fuel more liability litigation? ?