Roundtable. May 16, Professional Liability. Managing the Tripartite Relationship. New York University School of Law New York, New York

Transcription

1 International Association of Defense Counsel May 16, 2013 Professional Liability Roundtable Managing the Tripartite Relationship New York University School of Law New York, New York

2 International Association of Defense Counsel 2013 Professional Liability Roundtable Managing the Tripartite Relationship PRESENTERS David C. Anderson is a shareholder at Collins Einhorn Farrell P.C. in Southfield, Michigan. For 15 years, his practice has focused on the defense of professional liability claims against lawyers, accountants, insurance agents, financial services professionals, and a variety of real estate professionals. He is a cum laude graduate of the University of Michigan and the University of Detroit Mercy School of Law. He is AV rated by Martindale Hubbell and has been recognized by his peers as a Super Lawyer in professional liability litigation. He has also been selected for inclusion in The Best Lawyers in America. Thomas Auth is a Regional Sales Director and Senior Claims Attorney for Minnesota Lawyers Mutual (MLM), an attorney s professional liability insurance carrier, in Minneapolis, Minnesota. He has been in the lawyers professional malpractice industry for over 13 years. He has served as a program presenter, panelist, and moderator for numerous continuing legal education courses in the field of ethics and legal malpractice in Pennsylvania, Maryland, and Virginia. He is a member of the Pennsylvania Bar Institute faculty. Prior to working for MLM, he was in the private practice of law in Florida and New Jersey from 1980 to He is a licensed Property and Casualty Agent and a licensed Claims Adjuster. He is a member of the New Jersey Bar and Florida Bar. He received a law degree from Southwestern University School of Law and an undergraduate degree from Ramapo College of New Jersey. Kim D. Hogrefe is a Senior Vice President of Chubb & Son, a division of Federal Insurance Company, in New York, New York. He is the Worldwide Claim Technical Officer of Chubb s Claim Department with responsibility for claims of the highest complexity and financial exposure. He joined Chubb in 1986 after nine years of experience as a trial attorney, supervisor, and administrator in the New York County District Attorney s Office. He is a graduate of Yale University and the University of Pennsylvania Law School. He is a member of the American Bar Association (ABA) and was elected to and is currently serving a three-year term as Financial Officer of its Tort Trial and Insurance Practice Section (TIPS). He served for three years on the ABA s Commission on Racial and Ethnic Diversity in the Profession. He is a frequent speaker on the topic of claim resolution strategies and related issues. Bryan Jordan is a Team Manager in the Professional Programs Claims Department at Zurich American Insurance Co. in New York, New York. He manages a team of attorneys that handle claims against attorneys, public officials, staffing agents, security guards, school officials, real estate agents, and church officials. He joined Zurich in Prior to joining Zurich, he was in private practice in New Jersey where he handled a wide variety of general litigation matters. He received his J.D. from Seton Hall School of Law and is admitted to the New York and New Jersey State Bars. Barry G. Kaiman is a senior equity partner at Lewis Brisbois Bisgaard & Smith LLP in Los Angeles, California. He has been an active member of the IADC since He frequently lectures on the day-to-day ethical problems faced by defense counsel in insurance funded litigation. As a member of the American Law Institute, he was involved in the Restatement on the Law Governing Lawyers. His diverse practice includes professional liability defense, personal injury claims, toxic tort cases, and construction litigation. He is a proud alum of Rutgers College and the University of Nebraska College of Law (go Cornhuskers!). He is admitted to practice law in California, New York, and before the Supreme Court of the United States. He has been married to his law school sweetie, Toni Victor, for more than 37 years. When he is not busy working, he enjoys fishing, golfing, going to Dodgers games, watching Nebraska football, traveling, and gardening. Gary Schmidt is a Vice President of Professional Liability Claims at Aspen Insurance Company in New York, New York. Prior to joining Aspen, he was the Interim Director of Professional Programs claims at Zurich American Insurance Company. He has more than 16 years of industry experience including 11 years of experience handling and supervising professional liability claims including lawyers, real estate professionals, accountants, consultants, title agents, mortgage bankers and brokers, financial services professionals, public entities, and other miscellaneous professionals. Prior to joining Zurich, he was a compliance officer at New York Life Insurance Company and in private practice. He received his B.A. from Hofstra University, his J.D. from Western New England College School of Law, and is admitted to the Massachusetts State Bar. Meredith Kaplan Stoma is a partner at Morgan Melhuish Abrutyn in Livingston, New Jersey. She currently sits on the firm s Executive Committee. She was named one of New Jersey s 50 Best Women in Business by NJBIZ Magazine in She was named one of New Jersey s Top 50 Women Lawyers in both 2012 and She has past experience in handling complex commercial litigation disputes as well as bodily injury and property damages claims. Currently, she concentrates in the area of professional liability and handles claims involving allegations against attorneys, accountants, architects, engineers, insurance agents/brokers, and real estate brokers/agents. She was Chairperson of the Insurance Benefit Committee for the New Jersey State Bar Association from 2004 to Rebecca A. Toffolon is a manager in CNA s Lawyers Professional Liability Claims department, overseeing New York claims in New York, New York. Prior to becoming a manager, she was a claims professional for five years. Before joining CNA, she was in private practice litigating environmental and toxic tort cases. She received her B.A. from The College of the Holy Cross, a J.D. from Suffolk University, and a M.S. in Negotiation and Conflict Resolution from Columbia University.

3 12:30 1:00 p.m. Registration Open SCHEDULE 1:00 1:15 p.m. Welcome and Introductions Molly Craig, IADC President-Elect, Hood Law Firm, LLC, Charleston, SC Michael J. Sullivan, 2013 Roundtable Program Chair, Collins Einhorn Farrell P.C., Southfield, MI 1:15 2:15 p.m. Managing Expectations in the Tripartite Relationship The tripartite relationship is complex. This presentation will explore the difficulties encountered by all involved, including client, insurance carrier, and defense attorney. It will deal with issues of policies that require consent and conflicting positions regarding settlement among and between those involved in the relationship. What happens when information is obtained through discovery that is detrimental to coverage? Is there a privilege that prevents providing the information to the insurance carrier? Does implicit bias exist among some of the parties? Under a duty to defend policy, is there a conflict between insurance counsel when there is a reservation of rights? Does an implicit bias exist in the relationship? These issues and more will be explored. Speakers: Meredith Kaplan Stoma, Morgan Melhuish Abrutyn, Livingston, NJ Rebecca A. Toffolon, Claims Manager - Lawyers Professional Liability Claims, CNA, New York, NY 2:15 2:25 p.m. Refreshment Break 2:25 3:25 p.m. When the Tripartite Relationship is Challenged by Coverage Issues While generally symbiotic, the tripartite relationship is often challenged by coverage issues as a case progresses through the litigation process. From Reservation of Rights to settlement or trial, we will identify these challenges, suggest methods for overcoming them, and relate industry trends and relevant case law. Speakers: David C. Anderson, Collins Einhorn Farrell P.C., Southfield, MI Bryan Jordan, Team Manager, Professional Program Claims, Zurich American Insurance Co., New York, NY Gary Schmidt, Vice President, Professional Liability Claims, Aspen Insurance Company, New York, NY 3:25 3:35 p.m. Refreshment Break 3:35 4:35 p.m. Potential Liabilities that Arise Out of the Tripartite Relationship Most attorneys can rattle off a short definition of tripartite relationship, but far too few attorneys know the myriad of potential liability situations that can arise in insurance-funded litigation. Not knowing what liabilities could emerge in such litigation opens up attorneys and law firms, as well as insurers, to sometimes serious consequences, most of which can be avoided if the attorneys are aware of the situation from commencement of the litigation. This panel of experts is here to help by focusing on identifying and examining the many instances that can arise between defense counsel, the insured client, and the insurance carrier. The panel will analyze issues such as self-insured retentions and deductibles; extra contractual exposures; reservation of rights; multiple representations; excess of limits; consent to settle; and declining limits policies. Speakers: Thomas Auth, Regional Sales Director and Senior Claims Attorney, Minnesota Lawyers Mutual (MLM), Minneapolis, MN Kim D. Hogrefe, Senior Vice President, Worldwide Claim Technical Officer, Chubb & Son, a division of Federal Insurance Company, New York, NY Barry G. Kaiman, Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA 4:35 6:00 p.m. Cocktail Reception General Event Sponsor

4 2013 IADC Professional Liability Roundtable DATE: May 16, 2013 LOCATION: New York University School of Law, D Agostino Hall, 110 West Third Street, New York, NY International Association of Defense Counsel 303 West Madison, Suite 925, Chicago, IL All Outside Counsel: IADC Member or Non-Member $330 NAME NAME ON BADGE FIRM NAME FIRM ADDRESS CITY STATE ZIP COUNTRY BUSINESS PHONE BUSINESS FAX ADDRESS U.S. STATE BAR NUMBER(S) FOR ALL STATES WHERE LICENSED U.K. SOLICITOR IDENTIFIER NUMBER (if applicable) All Insurance and Corporate Attendees: IADC Member or Non-Member Complimentary NAME NAME ON BADGE BUSINESS NAME BUSINESS ADDRESS CITY STATE ZIP COUNTRY BUSINESS PHONE BUSINESS FAX ADDRESS U.S. STATE BAR NUMBER(S) FOR ALL STATES WHERE LICENSED U.K. SOLICITOR IDENTIFIER NUMBER (if applicable) Total Amount Enclosed $ PAYMENT Complete and mail form with payment to: IADC, 303 West Madison, Suite 925, Chicago, IL or fax to Check/Money Order (Payable to the IADC in USD) AMEX Visa MasterCard Number: Name on Card: Signature: Expiration Date: Security Code: Please note: There is no fee for insurance industry and corporate counsel attendees, but advanced registration is requested by May 10, Guest registration is not limited. Please print additional copies of this form to register multiple attendees or go to to register online. If you have any questions, amiller@iadclaw.org or call

5 Professional Liability Roundtable Information Location and Directions New York University School of Law D Agostino Hall 110 West Third Street New York, New York New York University is located in Greenwich Village near the 4th Street subway station of the ACE and BDFM subway lines. Please enter the following link into your Internet browser for more information on directions to D Agostino Hall and nearby parking: Accommodations and Travel If you require lodging while attending the conference, please plan to make reservations at your preferred hotel as soon as possible. CLE Credits Approximately 3.0 hours of general CLE credit in 60-minute states and 3.6 hours of general CLE credit in 50-minute states will be requested for accreditation from all mandatory continuing legal education jurisdictions where registered attendees are licensed. A Special Note for the Disabled The IADC wishes to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently from other individuals because of the absence of auxiliary aids and services. If you are in need of auxiliary aids or services, please contact Andrew Miller at amiller@iadclaw.org. Cancellation Policy A CASH REFUND, less a $150 processing fee, will be made if a written notice of cancellation is received by the IADC office more than thirty (30) days prior to the first day of the meeting. No reason for the cancellation need be provided for a timely notice of cancellation. NO CASH REFUND will be made if notice of cancellation is received by the IADC office thirty (30) days or less prior to the first day of the meeting. However, if special circumstances arise before the meeting which prevent attendance, a member may request a future meeting credit. The request needs to be in writing and submitted to the IADC office. It should be directed to the Finance Committee s attention and note the special circumstances which caused cancellation. The credit request can only apply to meeting registration fees (not air, hotel, activity, tour, or special event fees) and, if approved, will be valid for use toward any IADC meeting for one (1) year from the date of the meeting for which credit is requested. A $150 processing fee will be deducted from the total future meeting credit. All future meeting credit requests will be considered by the Finance Committee and the decision of that Committee will be final. IADC Financial Aid Policy It is the policy of the International Association of Defense Counsel to offer a registration fee discount to attorneys who wish to attend selected IADC CLE programs but who find it difficult to attend due to cost considerations. The IADC will consider financial aid based on the following scale: Involuntary Unemployment: Income up to $25,000: Income $25,000 to $50,000: Income above $50,000: Full scholarship 50% discount 25% discount No discount The discount may only be applied towards CLE program fees and does not include discounts for social events. The appropriate discount will be pro-rated accordingly for each meeting. Attorneys with annual incomes of less than $50,000 or those who are employed in the public sector or who work for a not-for-profit corporation are eligible. A letter of application for this discount must be submitted to the IADC Finance Committee four weeks prior to the CLE Program for which it applies. Discounts will be awarded on a case by case basis at the discretion of the Finance Committee. APPLICATION AND INCOME VERIFICATION Please forward a letter explaining the reasons for your request for financial aid assistance to IADC s mailing address. Please include your name, address, daytime phone and fax numbers, and address. If applying based upon annual income, please include a letter from your current employer confirming your anticipated current year earnings with your submission. If you are currently unemployed, please include a personal statement confirming your current unemployment status with your submission. If applying based upon type of employment, please include proof of your employment within the public or non-profit sector.

6 International Association of Defense Counsel 303 West Madison, Suite 925 Chicago, IL USA Roundtable Planning Committee Thank you to the members of the Professional Liability Roundtable Planning Committee for their work to make this meeting possible. Michael J. Sullivan, Chair Collins Einhorn Farrell P.C., Southfield, MI Elliott Abrutyn, Morgan Melhuish Abrutyn, Livingston, NJ David C. Anderson, Collins Einhorn Farrell, Southfield, MI Walter H. Boone, Forman Perry Watkins Krutz & Tardy LLP, Jackson, MS Michael E. Brown, Kightlinger & Gray, LLP, Indianapolis, IN Molly Hughes Cherry, Nexsen Pruet, LLC, Charleston, SC Joseph S. D. Christof, II, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA Roy Alan Cohen, Porzio, Bromberg & Newman P.C., Morristown, NJ Michael D. Crim, McNeer, Highland, McMunn and Varner, LC, Clarksburg, WV Timothy J. Gephart, Minnesota Lawyers Mutual, Minneapolis, MN Charles E. Lundberg, Bassford Remele, Minneapolis, MN Richard L. Neumeier, Morrison Mahoney LLP, Boston, MA Mary G. Pryor, Cavanagh Law Firm, Phoenix, AZ T. David Rheney, Gallivan, White & Boyd, P.A., Greenville, SC Scott H. Sirich, Plunkett Cooney, P.C., Bloomfield Hills, MI Meredith Kaplan Stoma, Morgan Melhuish Abrutyn, Livingston, NJ J. Calhoun Watson, Sowell Gray Stepp & Laffitte, LLC, Columbia, SC Daniel Matthew Zureich, Lawyers Mutual Liability Insurance, Cary, NC Professional Liability Roundtable May 16, 2013 D Agostino Hall New York University School of Law What past attendees are saying... Great job! This is one of the best CLE programs I have attended. A wonderful opportunity for topical CLE in a client development conducive environment. The insights offered by defense counsel and insurers with respect to matters of common interest were most helpful. The networking is great seeing people again whom I met at other IADC events. Meeting new people as well. Timely and topical presentations with very knowledgeable presenters. Great networking opportunities.