18th ANNUAL POLICYHOLDER ADVISOR CONFERENCE Anderson Kill Maximizing Your Insurance Recovery Thursday, October 23, 2014 Who Should Attend? Convene 730 Third Avenue, 17th Floor New York, NY In-House Counsel, Risk Managers and Senior Management The Annual Anderson Kill Policyholder Advisor Conference is a must-attend event for any professional or business person concerned with his/her company’s insurance investment. This year the conference will feature everything from “Directors & Officers Liability Insurance” and “Property and Business Insurance Interruption Losses: Lessons Learned from Sandy” to “Health Care Plans,” “Data Security,” and a “State of the Market” broker panel discussion. This conference will provide pragmatic, timely and invaluable advice. NEW YORK, NY • VENTURA, CA PHILADELPHIA, PA • STAMFORD, CT WASHINGTON, DC • NEWARK, NJ DALLAS, TX www.andersonkill.com NY, NJ, PA, CA Approved Attorney Advertising Connect with AndersonKillLaw online Follow us on Twitter @AndersonKillLaw Look for Conference Updates at #PHA2014 18TH 17TH ANNUAL POLICYHOLDER ADVISOR CONFERENCE NEW YORK THURSDAY, OCTOBER 23, 2014 17TH ANNUAL POLICYHOLDER ADVISOR CONFERENCE 8:30 – 9:00am Registration/ Continental Breakfast 9:00 – 9:15am Opening Remarks Robert M. Horkovich Conference Chair Co-Chair, Insurance Recovery Group Anderson Kill Managing Partner 9:15 – 10:00am Best Practice in Keeping Abreast of Regulatory Changes Affecting Your Business: SEC’s New Regulations and the Impact on D&O In the midst of an ever-changing regulatory environment, it is important to implement certain tactics to stay on top of changes that directly affect your industry and company. What do the changing SEC regulations mean for business and how is D&O directly impacted? William G. Passannante, Moderator Co-Chair, Insurance Recovery Group Anderson Kill Shareholder Alexander D. Hardiman Anderson Kill Shareholder Debbie L. Gramer Director, Global Risk Management, Arrow Electronics, Inc. 10:00 – 10:45am Sandy Fallout: Important Coverage Issues Arising from Sandy Most businesses affected by Superstorm Sandy are at or nearing the end of their negotiations with their insurance companies over insurance coverage for physical damage and lost profits resulting from Superstorm Sandy. Many claims have been denied in whole or in part, and the number of Sandy-related lawsuits being filed is increasing steadily. As with most natural disasters, Sandy has brought about some unique insurance coverage issues that currently are making or will make their way through the courts and state legislatures. Some not so new but equally significant coverage issues also are being taken up. During this session, we will explore some of these hotly contested coverage issues, and provide our insights as to how policyholders can best position themselves to maximize insurance recoveries for their Sandy-related losses. Finley Harckham Anderson Kill Shareholder Dennis J. Artese Anderson Kill Shareholder 10:45 – 11:00am Break 11:00 – 12:00pm Attorney-Client Issues in the Insurance Recovery and Underlying Defense Context (Ethics!) Policyholders and their counsel handling insurance claims frequently encounter questions involving professional responsibility and preservation of attorney-client privilege. In the insurance recovery context, such questions often arise from the “tri-partite relationship” between and among liability insurance policyholders, defense counsel, and insurance companies; from the representation of multiple insureds; and from communications with brokers, risk consultants and liability insurance companies. This presentation will focus on recognizing and responding to these classic questions along with emerging issues, with an aim toward successful and cost-effective results. Edward J. Stein Anderson Kill Shareholder Diana Shafter Gliedman Anderson Kill Shareholder 12:00 – 12:45pm Do You Know Why Goldman Sachs Picked a Health Insurance Company for its ‘Buy’ List? Your Health Insurance Rates Are Rising While Health Care Costs Are Falling In June, Goldman Sachs picked a large nationwide health insurance company as one of 15 stocks nationwide for its “buy” list. This fact is not surprising, as health insurers have been consistently profitable in recent years. Yet, with equal consistency, health insurers advise our clients at renewal time that there is no alternative to substantial premium increases. They offer a list of usual reasons, like the horrors of “Obamacare” and the poor health of the employees covered by the plan. Certainly, some unfortunate employers have a large number of employees who are sick. But that can’t be true for all of them. It is time for employers to take a new approach toward the renewal process and health insurance in general. This session will offer some outside-the-box ideas. Rhonda D. Orin Anderson Kill Shareholder Daniel J. Healy Anderson Kill Shareholder 12:45 – 1:45pm Networking Lunch 18TH ANNUAL POLICYHOLDER ADVISOR CONFERENCE 1:45 – 2:30pm NEW YORK THURSDAY, OCTOBER 23, 2014 INDUSTRY BREAKOUT SESSIONS: IMPORTANT ISSUES AFFECTING KEY INDUSTRIES FINANCIAL SERVICES Insurance Coverage for Regulatory Investigations and Resulting Consent For the past few years, financial institutions have been faced with a slew of regulatory investigations and often very large consent decrees involving all sorts of fallout from various lending and securitization practices relating to home loans and mortgages since 2008. Most financial institutions have had limited time or options on how to handle those matters, which makes communications with insurance companies and claims processing even more challenging than usual. There have also been challenges by insurance companies to whether consent decrees are covered under insurance policies with personal profit exclusions that are subject to final adjudication. This breakout session will involve discussions of these and other important issues for financial institutions who are concerned with maximizing insurance coverage for regulatory investigations and resulting settlements. Marshall Gilinsky Anderson Kill Shareholder Diana Shafter Gliedman Anderson Kill Shareholder CAPTIVES/SELF-FUNDING Alternatives to Traditional Insurance Policies This session will review the principal differences, along with the practical, financial and legal advantages and disadvantages of each alternative. This session will also focus on the basics of captive insurance companies; the reasons for formation, the feasibility process and key issues in putting a successful captive program together. Phillip England Anderson Kill Shareholder Andrew M. Walsh Anderson Kill Attorney Patricio A. Suarez Anderson Kill Attorney ENVIRONMENTAL INSURANCE TODAY Getting the Most Out of Your Environmental Coverage Like most liability insurance, environmental coverage is crucial when you get sued. Clean-up and financial assurance, however, are generally never that simple. Companies must tailor coverage to meet these risks both anticipated and unanticipated against the backdrop of an array of authorities such as voluntary clean-up, contractual obligations, threatening letters, bonding requirements and climate change. This experienced panel will sort through pros, cons and pitfalls by using real examples to show you how to get the cost out of your environmental insurance. John G. Nevius Anderson Kill Shareholder Pamela D. Hans Anderson Kill Shareholder Gene P. Devine, Esq. Northeast Regional Director, Environmental AJG Risk Management Services, Inc. Chip D’Angelo President & CEO WCD Group REAL ESTATE & CONSTRUCTION Making Sure it Doesn’t Leave a Mark: How Developers, Owners, Operators, and Contractors Can Protect Themselves Against Some of the Biggest Threats They Face Slips, falls, breaks, disruptions. If you are involved in the improvement, development, or operation of real estate, you face very real threats to your financial well-being. A slip by a patron on your property, a fall by a contractor from a ladder, a defect in construction, or an unexpected shower from a broken pipe above your business are each examples of a problem that could be made better with an insurance recovery. In this session, we will address: • Insurance coverage for bodily injury claims that occur on your premises • Insurance coverage for claims under New York’s Scaffold Law • Insurance coverage for construction defects and related property damage • Insurance coverage for business interruptions/slowdowns caused by unexpected events. Lawrence J. Bartelemucci Anderson Kill Shareholder Allen R. Wolff Anderson Kill Shareholder James A. Fenniman ARM Area Executive Vice President Gallagher Construction Services Senior Director Gallagher Bollinger 18TH ANNUAL POLICYHOLDER ADVISOR CONFERENCE NEW YORK THURSDAY, OCTOBER 23, 2014 2:30 – 2:45pm 3:30 – 4:15pm 4:15 – 5:00pm Break Oy, Cyber Again (Still?) State of the Market, The Brokers’ Perspective 2:45 – 3:30pm Keynote Address: Data Breaches: Protecting Critical Information Heather B. Bearfield Principal Marcum Heather B. Bearfield is a Principal in Marcum’s Boston office and serves as the National Technology Assurance Services Practice Group Leader. Ms. Bearfield has extensive experience with SOC engagements, internal and external audits, application reviews, internal and external vulnerability assessments, wireless assessments and penetration testing. She has comprehensive experience in multiple aspects of Risk Management across business operations including regulatory compliance. She executes compliance engagements according to various regulations including SOX, MA 201 CMR 17.00 (Data Security), HIPAA Privacy, HIPAA Security, Meaningful Use, Dodd Frank, SOC1, 2, 3 and FISMA. She identifies process and control weaknesses, analyzes complex systems and works with clients to streamline operations within time and resource constraints. Ms. Bearfield’s main focus has been around data security and CyberSecurity. Engagements include vulnerability assessments, penetration testing, controls testing and social engineering. Cyber is the issue uppermost on the minds of most professionals these days, according to our informal poll. It is also a risk which continues to evolve rapidly, growing in terms of breadth, diversity of exposures, the number of companies grappling with this matter, and the severity of consequences. Now, upper management is in the cross hairs of investor plaintiffs and regulators making the insurance response an even bigger deal than it already was. This discussion will explore this rapidly mutating risk and the panelists will explain what they are doing to identify, measure and mitigate it. This session will provide an in-depth explanation of the current market for D&O, first party property and comprehensive general liability, the historical perspective on changing market conditions and how brokers’ roles have changed. Steven J. Pudell, Moderator Anderson Kill Shareholder Peter A. Hutton Resident Managing Director, Aon Risk Solutions Brenda A. Shelly Managing Director FINPRO Joshua Gold Anderson Kill Shareholder Darin J. McMullen Anderson Kill Shareholder Bryan Sartin Director, Investigative Response Verizon, Business Security Solutions 5:00 – 6:30pm Cocktail Reception 18TH ANNUAL POLICYHOLDER ADVISOR CONFERENCE NEW YORK THURSDAY, OCTOBER 23, 2014 ABOUT ANDERSON KILL’S INSURANCE RECOVERY GROUP Anderson Kill practices law in the areas of Insurance Recovery, Commercial Litigation, Environmental Law, Estates and Trusts & Tax Services, Corporate & Securities, Antitrust, Bankruptcy, Real Estate and Construction, Employment and Labor Law, Intellectual Property, Corporate Tax, Health Reform, Foreign Investment Recovery and Banking and Lending. Recognized nationwide by Chambers USA for Client Service and Commercial Awareness, and best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes – with no ties to insurance companies and has no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Ventura, CA, Philadelphia, PA, Stamford, CT, Washington, DC, Newark, NJ, and Dallas, TX. For more information, please feel free to visit our website at www.andersonkill.com. CONFERENCE CENTER INFORMATION Convene 730 Third Avenue, 17th Floor New York, NY Telephone: (888) 730-7307 Convene is New York’s largest dedicated conference center conveniently located just three blocks from Grand Central Terminal. With 22-foot floorto-ceiling windows affording spectacular views and natural light, 730 Third Avenue offers over 25,000 square feet of dedicated meeting and event space to accommodate groups from one to 450. Convene’s own onsite audio, visual, culinary and event planning teams ensure superior service is delivered every step of the way. REGISTER Three easy ways to register! RSVP OCTOBER 21, 2014 CHAMBERS USA 2014 RECOMMENDED ANDERSON KILL AS ONE OF THE NATION’S LEADING INSURANCE RECOVERY PRACTICES FOR EIGHT CONSECUTIVE YEARS, CITING THE FOLLOWING CLIENT COMMENTS: “ “Anderson Kill does an excellent job.” “The firm is well positioned to represent policyholders, and has a wealth of knowledge from historical cases where they have represented other policyholders.” “They have a lot of good strong lawyers in the space.” “We’re very happy, they’re great. They are one of the best at what they do. They know coverage, policies and how to litigate.” ” (As reported in Chambers USA 2014) Visit our website at www.andersonkill.com/events.asp Telephone Sonia Smalls at (212) 278-1400 Email seminars@andersonkill.com
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