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Published byJaylon Lear Modified over 9 years ago
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Tort Reform in Reverse?
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Singin’ The PL Blues MODERATOR: Sean Fitzpatrick, Esq., Senior Vice President, Middle Market & Specialty Financial, The Hartford PANELISTS: Timothy Braun, MBA, Executive Vice President, AXIS Louis H. Castoria, Esq., Partner, Wilson Elser Moskowitz Edelman & Dicker LLP Jason Hawkins, Managing Director, Aon Kalju Nekvasil, Esq., Partner, Goodman & Nekvasil, P.A.
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Agenda Tort Reform in Reverse: Has the tide turned? Developments in Securities Liability Healthcare Reform – Implications for the Professional Liability Industry Financial Services and Professional E&O – How will Underwriters and Brokers address a changing liability environment?
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Developments in Securities Liability
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Scandals, Prosecutions, and Investigations Madoff Stanford And a Cast of Thousands
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Regulation of Hedge Funds? Insurance?
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Changes in the FINRA Arbitration System Fewer “Industry” Panelists Fewer Motions to Dismiss No Arbitrations of Statutory Rights
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Section 1031 Exchanges $3.7 Billion in TIC offerings in 2006 What happened at DBSI? Why real estate turned out to be risky
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Reg. D – Private Offerings 26,485 private offerings filed in 2008 What happened at Medical Central? What happened at Provident Royalties Who is minding this store?
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Looking Ahead -- Trends
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Healthcare Reform – Implications for the Professional Liability Industry
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Health Care Reform = Tort Reform?
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Managed Care, ERISA, and Bad Faith
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Medical Device Safety Act
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Arbitration Fairness Act
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Financial Services and Professional E&O – How will Underwriters and Brokers address a changing liability environment?
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Effect on FI Underwriting Sector Analysis Underwrite to individual sectors to determine which are more vulnerable with systemic exposure always a concern. Understand that the exposure is fluid and changes occur from both internal and external forces.
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Effect on FI Underwriting Management Analysis Financial Analysis Operational Risk Management Analysis Enterprise Risk Management
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Effect on FI Underwriting Conclusion: Comprehensive Review Utilization of traditional and non-traditional underwriting resources Differentiating between well-managed and poorly-managed risks Balance between proper rate and coverage vs. premium
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A Brokers Perspective Challenges faced by the broker What it means for the client Education - broker and client focused Potential Impact on Clients Higher premiums and retentions Limited coverage available Managing insurance budgets vs. insurance spend Education Industry Challenges
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Carrier / Industry Challenges If current trend continues can/will carriers continue to write certain lines of business Increased defense costs Increased claim frequency and severity Program limits and structures “In the News”/Headline Risks – Madoff, Stanford, Lehman, AIG etc…. Economy
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Questions & Answers
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Many thanks to … Sean Fitzpatrick Tim Braun Louis Castoria Jason Hawkins Kalju Nekvasil
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