2010 PLUS International Conference D&O Goes Global: Underwriting Insolvencies & Regulatory Exposures.

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Presentation transcript:

2010 PLUS International Conference D&O Goes Global: Underwriting Insolvencies & Regulatory Exposures

2010 PLUS International Conference The Round-Up… MODERATOR: Eugene “Tripp” Sheehan, Managing Director, FINPRO, Marsh USA, Inc. PANELISTS: Kemsley Brennan, Solicitor, Colin Biggers & Paisley Lisa Butera, Vice President, Commercial D&O and Crime, Chartis Insurance Perry S. Granof, Esq., Managing Director, Granof International Group, LLC and Of Counsel, Williams Kastner Keith Thomas, Chief Underwriting Officer Global Corporate Financial Lines, Zurich

2010 PLUS International Conference What’s On Tap… Regulatory and Legal Trends D&O Issues Associated with Insolvencies Key Risk Factors in Underwriting Global D&O Unique D&O Contract Issues

2010 PLUS International Conference General Overview Sources of claims and nature of litigation Credit crisis driven trends Mature and emerging jurisdictions

2010 PLUS International Conference Regulatory and Legal Trends Some Notable Legislative and/or Regulatory Developments:  England (Companies Act 2006 & Bribery Act 2010)  China (2006 PRC Company Law)  India (Companies Bill 2009)  Italy (Consumer Code - Article 140-bis 2010)  Brazil

2010 PLUS International Conference D&O Issues Associated with Insolvencies Director Liability Associated with Insolvencies Some Notable Examples:  Netherlands (Ceteco N.V.)  France (Nasa Electronique)  Canada (Oppression Remedy)  Germany (Section 15A of the German Insolvency Code)  Australia (Section 588G of the Corporations Act of 2001)

2010 PLUS International Conference Unique D&O Contract Issues Notable Coverage Issues and their Impact on D&O Insurance:  Insured vs. Insured  Investigation Costs  Indemnification  Tax Liability  Licensing Issues (Admitted vs. Non-Admitted Companies)

2010 PLUS International Conference Key Risk Factors in Underwriting Global D&O Key Factors:  Financial Risk  Operational Risk  Growth Strategies/Mergers & Acquisitions  Corporate Governance  Local regulations impacting D&O liability (e.g. EPL, Worker Health & Safety, Unfair Competition, Environmental, Anti-Bribery, Criminal Matters, Securities Laws)

2010 PLUS International Conference Questions & Answers

2010 PLUS International Conference Many Thanks To… Eugene “Tripp” Sheehan Kemsley Brennan Lisa Butera Perry S. Granof Keith Thomas