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.

Live Video-Broadcast: September 24, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

2 hour CLE
Tuition: $195
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

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

Date / Time: September 24, 2024

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

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.

While attending CUNY School of Law, Ethan was an Executive Articles Editor of the CUNY Law Review. He was also a fellow at the Center for Urban Environmental Reform, where he helped develop programs and scholarships focused on the challenges of regulating the urban environment. Also while in law school, he worked as a legal intern at the legal environment law group Earthjustice, and as an environmental justice legal intern at New York Lawyers for the Public Interest

 

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

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Tue, September 24, 2024
On-Demand
Live Replay
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Wed, September 25, 2024
On-Demand
Live Replay
Mini-Med School for Lawyers: What Attorneys and Experts Need to Know (2024 Edition)
Mini-Med School for Lawyers: What Attorneys and Experts Need to Know (2024 Edition)
Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX).
On-Demand
Lawyers Serving on Boards
Lawyers Serving on Boards
Howard Brod Brownstein, CTP.
On-Demand
The NLRB and Why Many Handbooks Are Unlawful
The NLRB and Why Many Handbooks Are Unlawful Fri, September 20, 2024
On-Demand
Live Replay
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Trial Lawyers for Justice, Hanker Law PC
On-Demand
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Federal Indian Law 101 (2024 Edition)
Federal Indian Law 101 (2024 Edition)
Holland & Knight LLP
On-Demand
Upcoming CLE Webinars
Evidence 101 [Part 3]: The hearsay exceptions
Evidence 101 [Part 3]: The hearsay exceptions Thu, September 19, 2024
Live Webcast
The NLRB and Why Many Handbooks Are Unlawful
The NLRB and Why Many Handbooks Are Unlawful Fri, September 20, 2024
On-Demand
Live Replay
Dealing with a Decedent’s Tax Issues
Dealing with a Decedent’s Tax Issues Fri, September 20, 2024
Live Webcast
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Tue, September 24, 2024
On-Demand
Live Replay
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Wed, September 25, 2024
On-Demand
Live Replay
Mastering Storytelling in Law in the AI Era
Mastering Storytelling in Law in the AI Era Fri, September 27, 2024
Live Webcast
Getting More Out of Microsoft 365 (2024 Edition)
Getting More Out of Microsoft 365 (2024 Edition) Mon, September 30, 2024
On-Demand
Live Replay