2. ITS ALL COVERED RIGHT??? EMERGING E&O EXPOSURES FOR INSURANCE AGENTS

3. MODERATOR: Lisa Doherty, CEO, President and Co-Founder, Business Risk Partners PANELISTS: Sally Combs, Technical Director, Professional Liability Claims, Firemans Fund Insurance Company Scott Goodreau, Esq., MBA, Chief Legal Officer, HUB International Limited Daniel V. Kohls, Esq., Partner, Hansen, Kohls, Jones, Sommer & Jacob, LLP Sabrena R. Sally, CPCU, Senior Vice President, Corporate Solutions, Swiss Re Corporate Solutions Introductions

4. I.Foundations of Liability II.Trends in Claims / Litigation III.Considerations When Buying E&O Coverage IV.Loss Control / Risk Management V.Claims War Stories VI.Q&A VII.Contact Information Agenda

5. Defining the Relationship – The relationship of the intermediary with the insurer and to the insured will define liability – Dual agency Defining the Liability – Contract – Tort – Fiduciary duty I. Foundations of Liability

6. Typical Causes of Action – Negligent misrepresentation – Fraudulent misrepresentation – Duty to procure insurance – Improper insurance advice – Negligent failure to add additional insured – Placement with an insolvent carrier – Maintenance of coverage – Negligent issuance of policy – Disclosure of compensation

7. Overall – Claims against insurance agents and brokers are up slightly Types of Claims – Inadequate or insufficient coverage / no coverage – Reporting issues Emerging Issues – Retail brokers accessing surplus lines markets – Agents going beyond their area of expertise and procuring coverage's II. Trends in Claims/Litigation

8. Complex Issues – Extended Reporting Periods – Producer claim advocacy in carrier denials or reservations – Producer involvement in situations where the client does not want to settle and has a refusal to consent clause in the policy Compensation Issues Hard vs. Soft Market – Frequency and Severity – Coverage availability – Trends: Staffing cuts; outsourcing; service expansion to generate revenue

9. III. Considerations When Buying E&O Coverage Carrier Considerations – Financial strength – Longevity in the market – Claims handling – Product expertise Policy Terms – Claims made vs. claims made & reported – Professional services definition – Defense coverage – Insolvency exclusion regarding carrier – Exclusions – Claims reporting requirements – ERP provisions – Territory definition Carrier Considerations – Financial strength – Longevity in the market – Claims handling – Product expertise Policy Terms – Claims made vs. claims made & reported – Professional services definition – Defense coverage – Insolvency exclusion regarding carrier – Exclusions – Claims reporting requirements – ERP provisions – Territory definition

10. III. Considerations When Buying E&O Coverage Merger & Acquisition Activity – Automatic coverage? What are Adequate Limits? – Contractual requirements – Sleep well limit – What assets are exposed

11. Loss Control vs. Loss Prevention – Establish a good defense – Aid in loss mitigation An Ounce of Prevention – Balance against the cost of loss – A good quality program can help with sales IV. Loss Control/Risk Mitigation

12. The Basics Are Key – A written and consistently enforced quality program MUST exist – Documentation, documentation, documentation – with a technology twist! – Product, market and environment knowledge – Working with intermediaries Trend Issues – Property valuation and limits – Privacy and data IV. Loss Control/Risk Mitigation

13. V. Claims War Stories

14. Questions & Answers VI. Its All Covered RIGHT???

15. Sally Combs, Technical Director, Professional Liability Claims, Firemans Fund Insurance Company. 415-899-3648 sally_combs@ffic.comsally_combs@ffic.com Lisa Doherty, Chief Executive Officer, President & Co-Founder, Business Risk Partners. 860-903-0002 ldoherty@businessriskpartners.comldoherty@businessriskpartners.com Scott Goodreau, Vice President & Chief Legal Officer, HUB International Limited. 312-279-4886 scott.goodreau@hubinternational.comscott.goodreau@hubinternational.com Daniel V. Kohls, Esq., Partner, Hansen, Kohls, Jones, Sommer & Jacob LLP. 916-781-2550 dkohls@hckjs.comdkohls@hckjs.com Sabrena Sally, Senior Vice President, Swiss Re Corporate Solutions 614- 262-9480 sabrena_sally@swissre.comsabrena_sally@swissre.com VII. Contact Information