Insurance Law: Solutions to insurance protection gaps and understanding agent/broker liabilities

Ethan W. Middlebrooks
Ethan W. Middlebrooks
Anderson Kill P.C.

Ethan Middlebrooks is a shareholder in Anderson Kill's New York office, where he concentrates his practice in insurance recovery, exclusively on behalf of policyholders. He is a member of the firm's Construction Group and COVID Task Group.

Alexander I. Loy
Alexander I. Loy
Ver Ploeg & Marino

Alexander (Alex) Loy represents first and third party insureds in coverage disputes. His experience in litigation covers several areas of law including health care, commercial law, and financial services. Alex’s background enables him to counsel clients on complex issues and advance their interests efficiently in and out of the courtroom.

On-Demand: September 24, 2024

2 hour CLE

Tuition: $195.00
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Program Summary

Session I - Insurance Protection Gaps: Searching for solutions – Ethan W. Middlebrooks

This session will explore the persistent issue of protection gaps in the insurance industry. Despite numerous proposals and efforts, these gaps remain a significant challenge. The session will cover the root causes, recent examples, and potential solutions, emphasizing the need for a multi-faceted approach involving regulators, insurers, and other stakeholders.

Key topics to be discussed:

  • How to use other people’s insurance to cover your gaps: Maximizing your “additional insured’s “rights
  • Is there really a gap? searching for and analyzing historic insurance policies
  • Maximizing indemnification rights
  • Specialized insurance products (ie cyber coverage, pollution liability coverage)
  • Exploring “captive” insurance coverage

Session II - Insurance Agent and Broker Liability – Alexander I. Loy

Understanding the scope of liability for insurance agents and brokers is crucial for navigating the complex landscape of the insurance industry. This session will delve into the duty of care owed by agents and brokers to their clients, exploring the various causes of action that can arise from breaches of this duty. We will examine the types of recoverable damages available to plaintiffs and discuss ripeness issues that can affect the timing and viability of claims. Additionally, the session will provide best practices and tips for agents and brokers to minimize liability and enhance their professional conduct.

Key topics to be discussed:

  • Duty of care
  • Causes of action
  • Recoverable damages
  • Ripeness issues
  • Best practices & tips

Closed-captioning available

Speakers

Ethan W. MiddlebrooksEthan W. Middlebrooks | Anderson Kill P.C.

Ethan Middlebrooks is a shareholder in Anderson Kill’s New York office, where he concentrates his practice in insurance recovery, exclusively on behalf of policyholders. He is a member of the firm’s Construction Group and COVID Task Group.

Ethan has assisted numerous policyholders with insurance recovery on a range of matters, including first-party claims involving property and business interruption, and liability claims involving construction losses, D&O liability, educational management liability, and public officials’ liability. His clients include companies in the real estate, construction and hospitality industries. A member of the firm’s Covid-19 Task Group, he is part of a team that won a decision in New Hampshire state court finding that the presence of Covid-19 caused “direct physical loss or damage.”

Ethan joined Anderson Kill in August 2014. He took leave in 2015-16 to clerk for the Honorable R. David Proctor of the U.S. District Court for the Northern District of Alabama, where he had previously served as a Judicial Intern in the summer of 2012. As a clerk in the Northern District of Alabama, Ethan frequently worked on cases involving claims pertaining to civil rights, municipal liability, employment and labor laws, and bankruptcy appeals, among other things.

 

Alexader I. Loy_myLawCLEAlexander I. Loy | Ver Ploeg & Marino

Alexander (Alex) Loy represents first and third party insureds in coverage disputes. His experience in litigation covers several areas of law including health care, commercial law, and financial services. Alex’s background enables him to counsel clients on complex issues and advance their interests efficiently in and out of the courtroom.

Alex routinely litigates coverage under high-limit commercial and liability policies (primary and excess), including multi-layer property policies that insure property in several states or abroad. He represents clients involved in business interruption, property, liability, life & disability, and other claims in state and federal court. Alex is accustomed to opposing major players in the insurance market, including multi-national organizations that offer insurance products and services on a global scale. Alex has helped clients proceed with innovative claims against those entities.

Alex is a graduate of Trinity College (Hartford, CT) and Albany Law School of Union University, where he served as the Note and Comment Editor for the Albany Law School Journal of Science and Technology. Alex is a former member of the Immigration Branch of the Albany Law Clinic and Justice Center. He also clerked for the Office of the Albany County District Attorney. Shortly after his law school graduation, Alex represented the United States in the Lightweight Men’s Quadruple Sculls (“LM4X”) at the 2018 World Rowing Championship Regatta in Plovdiv, Bulgaria.

Agenda

Session I – Insurance Protection Gaps: Searching for solutions | 12:00pm – 1:00pm

  • How to use other people’s insurance to cover your gaps: Maximizing your “additional insured’s “rights
  • Is there really a gap? searching for and analyzing historic insurance policies
  • Maximizing indemnification rights
  • Specialized insurance products (ie cyber coverage, pollution liability coverage)
  • Exploring “captive” insurance coverage

Break | 1:00pm – 1:10pm

Session II – Insurance Agent and Broker Liability | 1:10pm – 2:10pm

  • Duty of care
  • Causes of action
  • Recoverable damages
  • Ripeness issues
  • Best practices & tips

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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