Direct Insurance Arbitrations: What ARIAS Arbitrators Need to Know
Title: Direct Insurance Arbitrations: What ARIAS Arbitrators Need to Know
Date & Time: October 26, 2017 | 12:00 pm – 1:15 pm Eastern Time
Location: Live online webinar
Continuing education: 1.5 NYCLE, Approved for initial certification and recertification
Webinar Panel: Charles Barr, Jodi K. Ebersole, Julie Young, Michael Menapace, and Constance O’Mara
(Learn more about the panel below.)
Few standard-form insurance policies contain arbitration clauses. Increasingly, however, commercial policyholders and insurers are entering into parallel agreements governing topics such as financing of retrospective premium obligations, deductible reimbursements and so forth – and those parallel agreements often have arbitration clauses.
As claim severity continues to climb in many lines of insurance, disputes under these parallel agreements are becoming more common. The increasing frequency of direct insurance arbitrations, coupled with the much-discussed drop in reinsurance arbitration activity as reinsurers consolidate, means that insurance disputes are accounting for an ever-greater percentage of industry arbitrations.
In this webinar, an experienced panel will introduce attendees to the world of direct insurance arbitrations. Two outside counsel will survey the common types of arbitration clauses that arbitrators will encounter, and explain the range of disputes that commonly arise in the direct context, including disputes over arbitrability and the legality of the insurance program agreement. Counsel will also discuss the unique data security issues that sometimes arise in direct arbitrations. Two veteran arbitrators and a company representative will then offer their perspectives, gained over the course of dozens of direct-side arbitrations, on issues that commonly arise when dealing with unsophisticated policyholder counsel and the non-ARIAS arbitrators that they often appoint.”
Registration: Register online now
Refund/Cancellation Policy: The cutoff date for a full refund of the webinar registration is Wednesday, October 25th. Failure to cancel by this date will result in forfeiture of the entire registration fee.
Questions? For questions about this seminar, please contact firstname.lastname@example.org or call 703-574-4087.
Learn More about the Panel:
Charley Barr is an attorney, arbitrator, underwriter and expert with over 35 years of in-house experience, 25 as General Counsel of property/casualty, life and financial guaranty insurers and reinsurers, an intermediary and a derivatives dealer, including General Re, XL Capital and Benfield.
Mr. Barr worked over 20 years at insurers, 15 years at reinsurers and 2 years at an intermediary. He was a commercial casualty underwriter, has drafted manuscript policies and program agreements, is a CPCU and is a member of the Connecticut and Massachusetts bars.
He has supervised assumed and ceded reinsurance disputes and handled the formation and acquisition of domestic and international re/insurers. He formed and tax-planned a global derivatives dealer and supervised over 25 lawyers providing global advice re/insurers, derivatives dealers and asset managers. He managed the reversal of a subsidiary’s mail fraud conviction and extricated Cologne Life Re from the Unicover WC carve-out debacle.
Jodi K. Ebersole
Jodi Ebersole is currently Vice President and Associate Group General Counsel of Corporate Litigation and Business Insurance for The Travelers companies where she is the lead lawyer supporting the National Accounts and Small Commercial business units, as well as the Workers Compensation product group. She and her team also manage all Corporate Litigation for the company. Jodi has been with the company in various roles since 1999. Prior to joining Travelers, Jodi was a partner and trial lawyer in Baltimore law firm.
Julie Young is a Partner in the Chicago office of Locke Lord LLP. Julie
has served as an effective advocate in complex commercial litigation. Julie
has represented clients in many types of disputes, including commercial
fraud, breach of contract, breach of fiduciary duty, breach of the duty of
good faith and fair dealing, and unfair business practices. Julie has
represented clients at all levels of federal and state courts throughout the
country, arbitrations, mediations, and regulatory proceedings. Julie
handles all phases of litigation, from pre-suit investigation and negotiation
through trial. Julie also has had significant experience representing clients
in cases involving claims seeking temporary restraining orders and
preliminary injunctions. Julie has defended and prosecuted numerous
multi-million dollar cases, both as a lead lawyer and as part of multilawyer
Michael Menapace represents insurers in state and federal courts as well as in arbitrations across the country. Michael has litigated disputes concerning bad faith, insurance coverage, reinsurance, premium calculations, allocation among policies, and ERISA and securities claims. Leading insurance industry trade groups have engaged Michael to represent them on matters of industry-wide importance before trial and appellate courts. He has tried numerous cases through final verdict.
Michael advises insurers and reinsurers on policy construction, coverage, compliance and regulatory issues and often represents stock, mutual, and captive insurers on their dealings with state regulators, including proceedings concerning rates, applications for acquisition of control, and market conduct exams. In addition, Michael advises companies on a variety of cybersecurity, data protection and privacy issues, and helps companies respond after experiencing data breaches. Michael is Vice-Chair of the ABA TIPS Cybersecurity and Data Privacy Committee and the President-elect of the Hartford County Bar Association. Michael lectures and publishes regularly. He teaches insurance law at the Quinnipiac University School of Law, is co-editor of The Handbook on Additional Insureds, published by the American Bar Association (2012), and co-author of The Reference Handbook on the CGL Policy – Coverage A Principal Exclusions, 2nd ed., published by the ABA (2014).
Connie O’Mara is an ARIAS•U.S. Certified Arbitrator. She has 30 years of experience handling complex insurance/reinsurance claims and litigation. Formerly President and Chief Legal Officer of Brandywine Holdings (which included Century Indemnity, Century Re and ACE American Re), then a division of ACE Group of Companies, Ms. O’Mara has extensive experience in managing and evaluating run-off portfolios. Prior to being appointed as President of Brandywine, Ms. O’Mara served as General Counsel for the Division, managing in-house counsel operations and litigation. Since leaving ACE, she has mediated environmental disputes and served on both reinsurance arbitration panels and direct insurance arbitration panels. She is an assistant Editor of AIRROC Matters magazine and she has authored numerous articles for the ARIAS Quarterly and the AIRROC magazine. O’Mara Consulting, LLC is located in Haddonfield, NJ (near Philadelphia).
ARIAS•U.S. Arbitrator Certification:
This webinar is eligible for 1/3 of a credit toward initial certification or renewal. For certification candidates, attendance at three live webinars will provide one credit toward Option C requirements. For ARIAS·U.S. Certified Arbitrators, attendance at three live webinars will satisfy the seminar attendance requirement for renewal. Click here for more information.
CLE Credit: ARIAS·U.S. is an accredited provider of New York State Continuing Legal Education training – 1.5 CLE credits are available to those who attend this webinar; all credits are for areas of professional practice.
Financial Hardship Policy
Financial Hardship Policy Statement: As required by the New York and Illinois CLE Boards, if a member of the state’s bar would like to attend an ARIAS•U.S. conference, but finds that he or she would incur a financial hardship by doing so, an application for waiver of the attendance fee may be made to the Board of Directors of ARIAS•U.S. Such application would be held in strict confidence.