Topics Covered:
---------------------------------------------------------------------------------------------------------------------------------
Errors & Omissions – State of the Line
environment, developing underwriting issues and significant claims
activity in the following professional liability lines:
- Accountants E&O Liability
- Architects E&O Liability
- Fiduciary Liability
- Lawyers Professional
Trends in Claims against Insurance Brokers and Agents,
and Coverage Issues relating to those Claims
- Traditional claims against brokers.
- New types of claims including broker liability to non-insureds, setting up a failing trust and placing insurance with insurer which becomes insolvent.
- Differences between being a "broker" and an "agent".
- Theories of Liability, including negligence, breach of contract and a new theory: breach of fiduciary duty.
- Typical coverage disputes between brokers and their E&O insurers.
---------------------------------------------------------------------------------------------------------------------------------
E&O Insurance Strategies for Fund Managers
and Private Equity Firms
- Potentially covered liabilities of fund managers and private equity firms.
- Special issues involving portfolio companies of private equity funds.
- Special issues involving publicly traded fund managers.
- How policyholders and insurers can meet each other’s claims handling expectations.
- The fraud exclusion and potential policy rescission.
- Settling insurance disputes involving multi-layer coverage programs.
The 2007 AIA Contract Documentsand the New ConsensusDocs: What Every Contractor and Design Professional
Insurer Needs to Know
- New changes to the 2007 AIA family of construction contract documents certainly impact all participants in the construction process, including insurers.
- The new AIA contract documents, in several respects, “shift” project risks to contractors while the new ConsensusDocs, in some respects, “shield” contractors and subs from liabilities that traditionally have been imposed on them.
- Especially in regard to the ConsensusDocs, insurers should understand the benefits that the new documents create for insurers regarding mandatory mediation (a stepped process in the ConsensusDocs) and other lawsuit avoidance protocols.
---------------------------------------------------------------------------------------------------------------------------------
Lawyers’ Professional Liability: Today and Tomorrow
- Examine common theories of liability against law firms.
- Discuss liability trends and expected developments.
- Analyze claims data based on publicly-reported losses.
- Discuss the different causes of loss between law firms of different sizes.
- Review steps being taken by sophisticated law firms to improve their risk profiles.
---------------------------------------------------------------------------------------------------------------------------------
Questions of Proximate Cause: The Silver Lining for Lawyers
Who Have Been Sued By Their Former Clients
- A bird’s eye view of what the Courts are doing with legal malpractice cases.
- A system of checks and balances in the context of legal malpractice litigation.
- Except in the extreme case, where liability is clear, while cognizant of the risk, don’t be afraid to put plaintiff’s feet to the fire and challenge their ability to make out their case.
- Two very recent decisions, obtained by the speaker, will be discussed as example.
---------------------------------------------------------------------------------------------------------------------------------
The Pros and Cons of Potential Federal Insurance Regulations
- A better understanding of proposed optional charter for insurance.
- An understating of the impact the proposed plan would have on individual insurance providers ability to compete both nationally and globally.
- An insight into how the proposed plan might change the present level of consumer protection that the state system provides.
---------------------------------------------------------------------------------------------------------------------------------
The Impact of the Subprime Mortgage Crisis on
E&O & D&O Insurers
using a formula taking into consideration historical securities class action
dismissal and settlement patterns and a profile of financial institution retentions
and policy limits, the estimated financial impact on D&O insurers. It also will
examine loss scenarios for E&O insurers, and look at how these losses may impact
pricing in the global D&O and E&O markets.
---------------------------------------------------------------------------------------------------------------------------------
From Subprime Crisis to Credit Crunch to Recession:
The Liability and Coverage Implications for
Professional Liability and E&O Insurers
- An understanding of what caused the crisis and how it has evolved.
- An understanding of the liability exposures of various professionals and financial institutions affected.
- An understanding of the coverage issues that have arisen and may arise under various professional liability and errors and omissions policies.
- Has the train already left the station, or can we mitigate risks and exposures going forward?
---------------------------------------------------------------------------------------------------------------------------------
Accountants E&O Risks
emerging changes, claims trends and how to be ready when these claims arise.
-------------------------------------------------------------------------------------------------------
