Emerging Issues: High-risk Insurance Coverage Litigation for Lawyers in 2015
In today’s marketplace, companies face several high-risk concerns. Knowing the insurance available to protect against those risks can be essential. This seminar will discuss three important risks that are high on the radar for many companies today: environmental risks, preserving insurance through mergers and acquisitions, and risk associated with cyber liabilities and data breaches.
Environmental litigation can be expensive and risky. A correct assessment of the policies available to cover these liabilities can provide a company with a valuable safety net. For example, “long-tail” environmental claims can impact several years or even decades of insurance coverage. On the other hand, modern pollution liability policies can help protect against costly environmental claims.
Mergers and acquisitions can also give rise to high-risk insurance issues. For example, in certain circumstances, former directors and officers of a company may wish to purchase “run-off insurance” to protect them from claims connected with the former entity.
Finally, cyber liabilities and data breaches are a growing area of concern for companies. Insurance is an important asset to protect against losses connected with these events, and insurance coverage litigation over a data breach can have particular pitfalls.
In a two hour live CLE webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues surrounding High-risk Insurance Coverage Litigation for Lawyers in 2015 and beyond.
Key topics include:
- Insurance Coverage Litigation
- Environmental Risks and Insurance
- Mergers & Acquisitions Insurance Issues, including D&O Run-off Insurance and Successor Liability
- Cyber Liability and Data Breach Coverage Issues
- Recent Verdicts and Mitigation Strategies
- Claims and Bad Faith Management From the Insurer Perspective
- Arising Issues Regarding Additional Insureds
Lewis Brisbois Bisgaard & Smith LLP
- Duty to Defend – Tender vs. No Tender;
- Allegations Contained in Complaint vs. Extrinsic Evidence;
- Particular AI Endorsement Language Controls Carrier’s Obligations.
Boyle, Gentile & Leonard, P.A.
- Do pre-suit alternative dispute resolution processes, such as those embodied in most states’ construction defect statutes, invoke an insurer’s duty to defend?
- Does a commercial general liability policy cover a “rip and tear” damages?
- Ongoing operations v. product completed operations hazard coverage
- What is “damage to your product?"
Goodkin & Lynch, LLP
- Additional insured issues
- Claims and bad faith litigation
- Insurance coverages litigation
Dickstein Shapiro LLP
- Environmental claims – long-tail historical claims and more modern claims under specialized pollution policies
- The impact of the recent Fluor decision from the California Supreme Court on successorship issues
- Recent developments in data breaches and potential insurance coverage issues
Who Should Attend:
- Insurance and Re-Insurance Lawyers
- Insurance Attorneys
- Investment Bankers
- Litigation Officers
- Litigation Support Specialists
Andrew Witik is a Martindale-Hubbell AV preeminent insurance coverage attorney who over the past twenty-five years has represented insurance companies, corporations, municipalities, and individuals in declaratory judgment actions and contractual disputes in both federal and state courts throughout the United States. He has litigated coverage disputes in Illinois, Indiana, Iowa, Wisconsin, Missouri, Texas, and California. Mr. Witik, has combined his specialized knowledge in insurance coverage and the particular areas of rescission and bad faith with his appellate practice and construction defect litigation. He has experience with a variety of coverages including general liability, professional liability, commerical auto, property, businessowner’s and homeowner’s policies, and has successfully prevailed in Illinois cases of first impression applying the business risk exclusions and the false pretense exclusion. In addition, Mr. Witik has assisted with the drafting of professional liability policy provisions and exclusions and claim repair. He routinely gives seminars to companies regarding insurance coverage law.
Andrew Witik is a Martindale-Hubbell AV preeminent insurance coverage attorney who over the past twenty-five years has represented insurance companies, …
Mark A. Boyle is currently a partner with the law firm of Boyle, Gentile & Leonard, P.A., located in Fort Myers, Florida. Mr. Boyle began his legal career working as an Assistant County Attorney for Pasco County in New Port Richey, Florida. Mr. Boyle began his foray into the world of insurance when he became associate general counsel for Armor Insurance Company in Tampa, Florida. In 1996, he entered into private practice with Fink & Lane, P.A., which is now known as Boyle, Gentile & Leonard, P.A.
Mr. Boyle’s current areas of practice include civil litigation, with a concentration in the handling of first and third party insurance disputes, including extra-contractual and bad faith matters.
Mr. Boyle is a 1993 graduate from Stetson College of Law, located in St. Petersburg, Florida. In 1990, Mr. Boyle received a Bachelor of Arts in History and a Bachelor of Science in Natural Sciences from the University of South Florida.
Mr. Boyle has been married to his wife, Linda, for 25 years, and they have two children, Mark Andrew, age 12, and Shannon, age 16.
Mark A. Boyle is currently a partner with the law firm of Boyle, Gentile & Leonard, P.A., located in Fort …
Ms. Lynch is a partner of Goodkin & Lynch, LLP whose practice focuses primarily on all aspects of real estate and insurance coverage. Ms. Lynch practices in the area of insurance coverage for residential developers and other clients. In addition, Ms. Lynch counsels clients in drafting and negotiating contractual risk transfer provisions including indemnity an insurance provisions in key deal contracts.
Ms. Lynch is a partner of Goodkin & Lynch, LLP whose practice focuses primarily on all aspects of real estate …
Erin L. Webb is an experienced insurance coverage litigator at Dickstein Shapiro LLP. She has written, been quoted, and presented on cutting-edge insurance coverage issues, such as cybersecurity and data breaches, social media evidence, and intellectual property claims. Her practice focuses on representing policyholders in insurance coverage litigation. Erin has experience in every stage of litigation, mediation, and arbitration, and has obtained favorable appellate rulings on key insurance coverage issues. She has experience with commercial general liability, directors and officers, political risk, professional liability, pollution liability, and first-party property policies, including recall, business interruption and contingent business interruption losses. She also has experience with additional insured issues, indemnity agreements, insurance issues in mergers and acquisitions, claims against insurance brokers, and insurance issues relevant to clients facing bankruptcy. Erin has been named as a “Rising Star” for Insurance Coverage in Washington, DC by SuperLawyers since 2013. She can be reached at email@example.com or (202) 420-2607. Follow her on Twitter @erinlwebb.
Erin L. Webb is an experienced insurance coverage litigator at Dickstein Shapiro LLP. She has written, been quoted, and presented …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practices
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About Lewis Brisbois Bisgaard & Smith LLP
Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 988 attorneys and 34 offices, in 21 states and the District of Columbia. Its national practice is sophisticated, multi-faceted and well-versed in current legal trends, while its individual state practices provide vast resources and knowledge of procedural and legal nuances.
Lewis Brisbois offers legal practice in more than 30 specialties, and a multitude of sub-specialties associated with each practice area. Its attorneys have broad knowledge, expertise, and sensitivity to their clients’ unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. Lewis Brisbois Bisgaard & Smith LLP has built longstanding relationships with corporate and institutional clients based on its ability to provide comprehensive service on a national scale.
About Boyle, Gentile & Leonard, P.A.
Boyle, Gentile & Leonard, P.A. is a dynamic, established law firm which represents individual and business policyholders in all aspects and types of insurance recovery. With experience of insurance law, our attorneys provide legal advice and advocacy in a variety of complex insurance-related matters. Our firm frequently serves as insurance coverage co-counsel assisting other law firms and their clients with all aspects of insurance recovery. Our firm routinely handles appellate matters in both state and federal courts.
Our attorneys provide effective representation and assist policyholders with insurance recovery in: commercial general liability, general contractor, subcontractor, homeowners, hurricane/windstorm, commercial property, builders' risk, automobile, boating, motorcycle, professional liability, directors and officers (D&O), errors and omissions (E&O), life, health, disability, umbrella, and excess insurance, and first and third party bad faith claims as well as experience in real estate matters.
About Goodkin & Lynch, LLP
Goodkin & Lynch, LLP, has been representing California real estate developers and other clients since 2006. While many boutique law firms do not survive the test of time, our longevity is a testimony to the quality of our services and the loyalty and respect we earn from clients.
Our mission is to resolve issues efficiently and practically. We place an emphasis on responsive communication and reply promptly to our clients' concerns. Essentially, we partner with clients, acting as inside/outside general counsel to address any needs that arise.
Our lawyers' collective experience in real estate law and insurance coverage is virtually unparalleled in the area, yet due to our firm's size, we are able to offer our services at a fraction of the typical cost of larger law firms.
About Dickstein Shapiro LLP
Dickstein Shapiro LLP, Market Leading Specialty FirmSM, founded in 1953, is internationally recognized for its work with clients, from start-ups to Fortune 500 corporations. Dickstein Shapiro provides strategic counsel and develops multidisciplinary legal solutions by leveraging its core strengths—litigation, regulatory, transactions, and advocacy—to successfully advance clients’ business interests.
While Dickstein Shapiro’s work generally originates from a client’s need for legal representation, the firm is mindful that legal service is but one ingredient in achieving a client’s strategic business goals. The firm prides itself on learning and understanding client objectives and partnering with clients to generate genuine business value. For additional information, please visit dicksteinshapiro.com.