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Tapping Into Insurance Insights 2017 Insurance Industry Institute November 9-10, 2017 Sheraton New York Times Square FDCC Productions
Tapping Into
Insurance Insights
2017 Insurance Industry InstituteNovember 9-10, 2017
Sheraton New York Times Square
FDCC Productions
2 | Insurance Industry Institute - November 8 -10, 2017
What is the FDCC?
We are well into Act One of the 21st Century and already face a stream of trends and crises for which there is no script. The 2017 Insurance Industry Institute has developed a playbook for these exposures. We have assembled a cast of industry and insurance thought leaders and their counsel to explore solutions to the emerging challenges. Our speakers have crafted a well-honed script to replace the improvisation often used in the past.
This is a forward-looking program that features thought provoking discus-sions on artificial intelligence, international claims, and the criminalization of torts faced by industry executives. We will explore catastrophic claims that result from mass disasters and intentional misconduct, and the coverage is-sues presented by those claims. And we will reprise the popular CEO Forum from 2015, which features CEOs discussing the opportunities presented by anticipated growth in the coming years.
In Broadway terms, this program seeks to identify the next Dear Evan Hansen while capitalizing on the success of The Producers. How? The speakers are industry leaders, insurance executives, regulators and experts who study, predict and create the future, not merely those who react to the trends.
So, without further delay, the curtain on FDCC I-3 2017 is rising. We invite you to sit forward, participate and become a part of the show.
Letter from the Producers & Directors
The Federation of Defense & Corporate Counsel is an international organi-zation founded in 1936 to further the principles of knowledge, justice, and fellowship. The Federation has approximately 1400 members from the United States, Australia, Canada, Latin America, Europe, the Middle East, and Asia. Our members include experienced attorneys in private practice who have achieved professional distinction as they represent those in need of a de-fense in civil lawsuits, along with in the defense of civil litigation, corporate counsel, risk managers, and insurance claims executives. Membership is by invitation only following an extensive peer review selection process.
“In today’s fast changing world it is critical to keep on top of emerging risks, regulatory challenges, and legal developments. But the best part of I-3 is that the attendees are industry leaders and top notch coverage lawyers.” Kate Browne, Senior Vice President, Claims Corporate Solutions Westport Insurance Corporation
“As a seasoned coverage lawyer, but a newcomer to the insurance industry, I found the content of the program incredibly useful. I also met some industry members and attorneys with whom I developed relationships that have benefitted my company since the conference.” Jennifer Eubanks, Corporate Counsel, Canal Insurance Company
“Venue was terrific but presentations exceeded expectations, especially in the area of cyber risks.” James McNamara, Senior Vice President Head of Claims, Aspen Re America, Inc.
Speakers & ChairsSPEAKERSProfessor Albert J. Beer, FCAS,
MAAA St. John’s University’s School of Risk Management and Actuarial Science
Marjorie Berger, Senior Vice President, Liability Claims, American Nuclear Insurers
Kate Browne, Senior Claims Expert, Senior Vice President, Claims Corporate Solutions, Westport Insurance Corporation
Stephen Carter, Carter Perry Bailey LLP
Robert L. Christie, Christie Law Group, PLLC
Kellie Currie, Crowell & Mooring
John H. Denton, Managing Director, Marsh USA, Inc.
Andrew Downs, Bullivant Houser Bailey, PC
David Geronemus, Mediator, JAMS
Michael Gerrard, Columbia Law School
Sean Griffin, Dykema Gossett
Ronald J. Hedges, Dentons US LLP
Stuart Henderson, President & CEO, Western National Insurance Group
Albert Hilber, Director/SVP Senior Claims Counsel – Americas, Swiss Re
Kim Hogrefe, Kim Dean Hogrefe, LLC
Dan Kohane, Hurwitz & Fine, P.C.
Atea Martin, Vice President, Life Agents and Broker Dealer Claims, Berkshire Hathaway Specialty Insurance
Howard Merten, Partridge, Snow & Hahn
Patrick F. Murphy, Ph.D., P.E., CFEI, Exponent
Don Myles, Jones, Skelton & Hochuli
Jeffrey Oestericher, Chief, Civil Division, U.S. Attorney’s Office
Elizabeth Sandza, Wilson Elser Moskowitz Edelman & Dicker LLP
Richard K. Traub, Traub Lieberman Straus & Shrewsberry
William E. Vita, Westerman Ball Ederer Miller Zucker & Sharfstein, LLP
Susan White, Manatt, Phelps & Phillips, LLP
PROGRAM CHAIRSGena L. SlugaChristian, Dichter & Sluga, P.C.2700 N. Central Avenue, Suite 1200Phoenix, AZ [email protected]
Rick LongWestern National Insurance Group5350 West 78th StreetEdina, MN [email protected]
Alan S. RutkinRivkin Radler, LLP926 RXR PlazaUniondale, NY [email protected]
Insurance Industry Institute - November 8 - 10, 2017 | 3
Letter from the Producers & Directors
6:00pm – 7:15pmRegistration and ReceptionSheraton New York Times Square Hotel
Thursday, November 9, 20178:00am - 9:00amRegistration and Breakfast 9:00am - 9:10am Welcome from the FDCC President: J. Scott Kreamer
9:10am - 10:10amKeynote SpeakerProfessor Albert J. Beer, FCAS, MAAA
10:10am - 11:10amAn American in ParisFor coverage lawyers seeking to become involved in disputes across the pond, this panel is designed to help. Four experienced attorneys and insurance claim professionals will explain the roles that American attor-neys can play in claims pending in Europe or other non-North American jurisdic tions. Whether as a consultant, expert or arbitrator, lawyers can participate in foreign proceedings and can assist foreign attorneys with domestic needs, bringing their expertise to bear in a variety of ways in cases that are being resolved under North American legal standards and common law. Dan Kohane, Hurwitz & Fine, P.C.Stephen Carter, Carter Perry Bailey LLPElizabeth Sandza, Wilson Elser Moskowitz Edelman & Dicker LLPAlbert Hilber, Director/SVP Senior Claims Counsel – Americas, Swiss Re
Wednesday, November 8, 2017
PROGRAM
4 | Insurance Industry Institute - November 8 -10, 2017
11:10 - 11:30am Morning Intermission
11:30am - 12:30pmArtificial Intelligence
Whether it is IBM’s Watson, predic-tive coding, autonomous vehicles, or other developments, artificial intelligence is no longer the future; it’s part of our present. Our pan-el will address how the insurance industry is using and responding to artificial intelligence and how arti-ficial intelligence affects the risks borne by policyholders. Andrew Downs, Bullivant Houser Bailey, PCJohn H. Denton, Managing Director, Marsh USA, Inc.Kate Browne, Senior Claims Expert, Senior Vice President, Claims Corporate Solutions, Westport Insurance Corporation
12:30pm - 1:45pm On Site Lunch
1:45pm - 2:30pmCriminalization of TortsCorporations throughout the world, including major banks and major automakers, are increas-ingly faced with criminal probes and even indictments for acts that are essentially negligent in nature. Prosecutors know that bringing or even threatening criminal charges frequently leads to massive settle-ments, worth tens of millions of
Insurance Industry Institute - November 8 - 10, 2017 | 5
dollars. Are these hybrid cases, with criminal and civil aspects, insurable?
This panel which will include former prosecutors as well as defense attorneys will provide some guid-ance in this rapidly emerging and uncertain field.
William E. Vita, Westerman Ball Ederer Miller Zucker & Sharfstein, LLPKellie Currie, Crowell & MooringHoward Merten, Partridge, Snow & Hahn
2:30pm - 3:30pmReinsurance, “It’s a Small World”A primer on the history, purpose, construction and scope of the global reinsurance market which supports the largest single-county insurance market in the world, the United States. The mystery of how the spread of risk is accomplished with insurance on insurers will be re-vealed.
Stuart Henderson, President &CEO, Western National Insurance Group
3:30pm - 3:50pmAfternoon Intermission
PROGRAM
3:50pm - 4:50pmMajor Claims with Coverage ChallengesCatastrophic claims are always a challenge, but never more so than when there are coverage defenses. Whether the issue is inadequate limits, lack of coverage, or untested cov-erage defenses, they present a heightened risk when the damages are devastating. We will explore the policyholder, insurer, and broker perspectives on the special challenges presented by coverage defenses in the face of catastrophic claims.
Don Myles, Jones, Skelton & HochuliPatrick F. Murphy, Ph.D., P.E., CFEI, ExponentMarjorie Berger, Senior Vice President, Liability Claims, American Nuclear InsurersAtea Martin, Vice President, Life Agents and Broker Dealer Claims, Berkshire Hathaway Specialty Insurance
4:50pm - 5:00pm Announcements
5:15pm - 6:15pmReception
Friday, November 10, 20177:45am - 8:25am Breakfast
8:25am - 8:30amAnnouncements
8:30am - 8:45amFDCC Evolve An introduction to the FDCC Evolve program, a tech revo-lution in handling claims from routine to major.
Robert L. Christie, Christie Law Group, PLLC
PROGRAM
6 | Insurance Industry Institute - November 8 -10, 2017
PROGRAM8:45am - 9:45amClimate Change Update Professor Michael Gerrard, a leader in this field, will provide an overview of new developments in climate change law and their impact on claims and coverage.
Michael Gerrard, Columbia Law School
9:45am - 10:45amEarly Dispute Resolution Dress Rehearsal or Opening Night? As the cost and time expenditures associated with litigation rise, so do clients’ desires to resolve litigation as quickly as possible – or, better yet, to avoid it completely. Specifi-cally, clients are increasingly considering pre-suit mediation or arbitration rather than full-blown litigation. This panel will discuss the potential benefits and downsides of pre-suit mediation or arbitration, including the possible effect on litigation, the potential lack of an avenue for appeals, and whether clients can expect to realize the expected cost and time savings.
Sean Griffin, Dykema GossettDavid Geronemus, Mediator, JAMSSusan White, Manatt, Phelps & Phillips, LLPKim Hogrefe, Kim Dean Hogrefe, LLCRonald J. Hedges, Dentons US LLP
10:45am - 11:00am Morning Intermission
11:00am - 12:00pmCEO ForumTop business leaders share their insights regarding the op-portunities and challenges the insurance industry will face in coming years.
Richard K. Traub, Traub Lieberman Straus & ShrewsberryStuart Henderson, President & CEO, Western National Insurance GroupDante Alighieri, Founder & CEO, Disparte (Risk Cooperative)
12:00pm Meeting Adjourns
PROGRAM
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WHO’S WHO IN THE CASTI-3 Planning Committee
Andrew Downs, Bullivant Houser Bailey, PC
Sean C. Griffin, Dykema Gossett PLLC
Lee Murray Hall, Jenkins Fenstermaker, PLLC
Michael Hurvitz, Bowman and Brooke
Jennifer Johnsen, Gallivan, White & Boyd, PA
Dan D. Kohane, Hurwitz& Fine, PC
J. Scott Kreamer, Baker, Sterchi, Cowden & Rice, LLC
Richard E. Long, Western National Insurance Group
Donald L. Myles, Jr.,Jones, Skelton & Hochuli
Patrick K. Nails, Arch Insurance Group, Inc.
Daniel R. McCune Childs McCune LLC
Alan S. Rutkin, Rivkin Radler, LLP
Barbara O’Donnell, Zelle McDonough & Cohen, LLP
Richard K. Traub, Traub Lieberman Straus & Shrewsberry LLP
Diane L. Polscer Gordon & Polscer, LLC
Christina L. Vessels Mazanec, Raskin & Ryder Co. L.P.A.
Gena Sluga, Christian, Dichter & Sluga
William E. Vita, Westerman Ball Ederer Miller & Sharfstein, LLP
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American Jury CentersJury Consultants AJC/American Jury Centers is a litigation support firm. For over twenty years, AJC has been helping attorneys and their clients analyze and evaluate cases, strategize for discovery, select and prepare witnesses, and recognize and capitalize upon opportunities to resolve disputes.950 De Soto Road, 2C • Boca Raton, FL 33432561-542-8590 • www.ajc.com
ExponentEngineering and Scientific ConsultingOur team of scientists, physicians, engineers, and regulatory consultants will perform either in-depth scientific research and analysis, or very rapid response evaluations. 525 W. Monroe St., Suite 1050 • Chicago, IL 60661 312-999-4214 • www.exponent.com
Global Legal Discovery eDiscovery, Litigation Support, Document Solutions
Global Legal Discovery, a DTI company - Leverage the resources of the largest privately held provider of discovery and litigation support solutions. Through leading technologies and deep industry expertise, GLD delivers tailored solutions for the most complex litigation, regulatory and compliance matters.1330 Spring Street, Suite 100 • Atlanta, GA 30309404-835-0060 • www.globallegal.com
J.S. Held LLC Construction Consulting Environmental, Health & Safety Services J.S. Held is a multi-disciplinary consulting firm specializing in property damage consulting, construction claims consulting, environmental, health & safety services, project and program management, and dispute resolution services.50 Jericho Quadrangle, Suite 117 • Jericho, NY 11753516-621-2900 • www.jsheld.com
SPONSORS
RGL ForensicsForensic Accounting RGL Forensics is a multidisciplinary forensic accounting and consulting firm delivering accurate and reliable financial analysis to the insurance, legal, corporate and public sectors. Operating worldwide from offices on five continents, we serve global insurance companies, multinational corporations, leading law firms and government entities.
88 Pine Street, 5th Floor • New York, NY 10005212-590-3435 • www.rgl.com
Rimkus Consulting Group, Inc. Rimkus Consulting Group is a worldwide provider of forensic engineering and consulting services to assist in the resolution of claims and disputes. Our commitment to is to provide service excellence to our national and international business clients.
8 Greenway Plaza, Suite 500 • Houston, TX 77046713-621-3550 • www.rimkus.com
SEA LimitedForensic Engineering/Consulting SEA Limited is a multi-disciplined engineering and fire investigation company specializing in failure analysis. We offer a complete investigative service, which includes mechanical, electrical, metallurgical, and civil engineering, plus fire investigation, work place safety analysis, and a fully equipped chemical testing laboratory.
7001 Buffalo Parkway • Columbus, OH 43229 614-885-8014 • www.SEAlimited.com
Thomas G. Oakes AssociatesCourt Reporting and Trial SupportThomas G. Oakes Associates, LLC is a leading national provider of litigation support services, consisting of four main areas: Court Reporting, Records Retrieval, Video Conferencing, and Trial Technologies.
290 W. Mt. Pleasant Ave., Suite 3200 • Livingston, NJ 07039856-816-2304 • www.tgoakes.com
10 | Insurance Industry Institute - November 8 -10, 2017
Hotel Information We have obtained a block of rooms at the Sheraton New York Times Square Hotel. The FDCC has negotiated a rate of $299.00, plus tax. To qualify for the FDCC group rate, reservations must be made by October 16, 2017. Reservations can be made by calling 888-627-7067; please make sure to mention the FDCC when making your reservations. Attendees must make their own hotel reservation and space is limited, so you are encouraged to do so early.
Dress Code: Business or business casual recommended
For information, contact Sheraton New York Times Square Hotel, 811 7th Ave., New York, NY 10019 (212) 581-1000.
Ways to RegisterFDCC Defense Counsel members are encouraged to bring a client. Please go to www.thefederation.org to register online. You may also complete the attached form and fax it to 630-563-9181. To pay by check, make payable to “FDCC/I-3” and mail the completed registration form to:
Federation of Defense & Corporate Counsel Attn: FDCC Registrar
275 N. York St., Suite 401 Elmhurst, IL 60126
The registration fees are listed below and covers all educational sessions, course materials, snacks and beverages during the networking breaks, receptions, daily breakfasts, and Thursday’s onsite luncheon.
$995 - Defense Counsel $895 - Defense Counsel w/Guest
Complimentary - Industry Representative
Cancellation PolicyFull refunds, less $50 processing charge, will be made for cancellations received by October 6, 2017. No refunds will be made after that date, however substitutions will be welcome. Cancellations are to be submit-ted in writing and substitutions will be accepted.
CLE Credits – Program MaterialsSign-in is required each day to obtain CLE credits. The sign-in sheets will be at the registration desk. Program materials will be posted on the FDCC website and available to download.
Topics, speakers, events and/or room locations may be changed due to unforeseen circumstances
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Registration____________________________________________________________________________________________________________
Last Name/First Name/Nickname
____________________________________________________________________________Firm/Company
____________________________________________________________________________Mailing Address
____________________________________________________________________________City/State/Zip
____________________________________________________________________________Phone/Email
____________________________________________________________________________*Continuing Legal Education Credits (Enter State and Bar #)
Please check your registration category:
Defense Counsel □ $995 Defense Counsel w/Guest □ $895 Industry Representative □ Complimentary
____________________________________________________________________________Name of Defense Counsel Guest
____________________________________________________________________________
Special Needs (dietary restrictions)
PAYMENT METHOD Check r MasterCard r Visa r Amex rIf paying by credit card your card will be charged a $50 processing fee.
____________________________________________________________________________Credit Card Number
____________________________________________________________________________ CC Expiration CC Security Code
____________________________________________________________________________Name on Card
____________________________________________________________________________Billing Address
____________________________________________________________________________Signature
Submit completed registration form and payment to:FDCC • 275 N. York, Ste. 401 • Elmhurst, IL 60126 • Fax: 630-563-9181
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