18th Maximizing

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 [email protected]