What is the general issue? Why this is important now?
The past few years have been filled with natural disasters. Most companies will feel the financial consequences directly, especially if they are located in the impacted areas or have vendors, customers or other partners in these regions. Business Interruption Insurance is an important component of a companys catastrophic loss strategy.
Who will be most interested in this program?
Policyholder and Insurer Lawyers
In-house Counsel
Insurance Professionals
Risk Management Personnel
What core concepts will be addressed?
1) Causation
2) Measure of losses
3) Contingent Business Interruption Coverage
Key Learning Objectives:
1) Come away with an understanding of the numerous factors that impact an individual insured in determining causation.
2) Understanding of the importance of adequate and thorough Business Interruption insurance as a critical financial resource for companies.
3) A working knowledge of the many issue surrounding Contingent Business Interruption coverage.
Program Agenda:
1) The Importance of Business Interruption Insurance: Background and Analysis
2) Extension of Business Interruption Coverage
a. Civil Authority and Ingress/Egress Coverage
b. Contingent Business Interruption Coverage
c. Supply Chain issues
3) Causation and Coverage Issues
a. When a regional catastrophe impacts an insureds business in different ways
b. Exclusions
c. Legal issues of causation including concurrent causation
4) Measure of Losses
a. Changes in regional business conditions due to catastrophe
b. Period of restoration
c. Valuation issues
5) Insurance Claims Process
a. Making a claim and related issues
b. How representatives of insureds and insurers can best work together to resolve a claim
6) Question and Answer Period
Faculty Information
Speaker: Linda D. Kornfeld, Esq., Jenner & Block (LKornfeld@jenner.com)
Speaker: Richard M. Mackowsky, Esq., Cozen OConnor (rmackowsky@cozen.com)
Speaker: Lorelie Masters, Esq., Jenner & Block (LMasters@jenner.com)
Speaker Biographies:
Linda D. Kornfeld is a litigator who represents corporate and individual policyholders in high-stakes insurance coverage litigation. She has helped clients ranging from telecommunications companies and real estate developers to manufacturers and nonprofit organizations obtain substantial recoveries in a variety of insurance matters. She also provides strategic counseling to senior executives and in-house counsel on how to mitigate risk and maximize their insurance recoveries. Ms. Kornfeld has been repeatedly cited as one of the top women lawyers in California by legal publications and directories, including Chambers USA. In 2011, she was listed as one of Lawdragons top 500 leading lawyers in America, and named by Benchmark Litigation as a Litigation Star, both nationally and in California. Ms. Kornfeld is a frequently requested speaker, media resource, and author on complex litigation and insurance recovery issues. She is an Advisory Board Member for the Insurance Coverage Law Bulletin andrecently co-authored the treatise A Policyholders Primer on Insurance, published by the Association of Corporate Counsel. She is a member of the Firms Insurance Litigation and Counseling Practice.
Ms. Kornfeld is involved in womens leadership issues and actively promotes the advancement of women into leadership positions in the legal and other professions. A frequent speaker and writer on womens issues, she serves as a West Coast leader of the Womens Leadership & Mentoring Alliance.
Richard M. Mackowsky, a member of the firm, joined Cozen OConnors Philadelphia office in September 1981 and practices in the Global Insurance Group. He focuses his practice on complex insurance litigation, first- and third-party insurance coverage analysis, personal lines coverage and business interruption insurance. He has negotiated, litigated, mediated, and arbitrated on behalf of clients throughout the United States, England, Canada, and Bermuda.
Richards litigation experience includes participation in many of the major insurance-related events of recent years including the September 11, 2001 terrorist attack, the 2003 Northeast Blackout, and Hurricane Katrina, as well as Y2K sue and labor claims. He has also analyzed and provided opinions to clients on a variety of insurance coverage issues involving, among others, business interruption, contingent business interruption, personal lines coverage, trigger of coverage, fortuitous loss, and measure of loss.
Richard has co-written and edited the Global Insurance Group's recent white paper "The Earthquake and Tsunami in Japan: A Factual Overview and Preliminary First-Party Analysis." He has also co-written and edited the Global Insurance Group's white paper "The Deepwater Horizon Catastrophe: A Factual Overview and Preliminary First-Party Analysis," as well as the white paper "Hurricane Katrina: A Preliminary First Party and Factual Analysis." He is a frequent speaker for insurance clients and organizations. Richard received his Bachelor of Arts from Harvard University in 1974 and earned his law degree, with honors, from Rutgers University School of Law in 1980, where he served as research editor for the Rutgers-Camden Law Journal.
Lorelie S. Masters is a litigator and a member of the Firms Insurance Litigation and Counseling Practice. Companies and individuals turn to her for counsel in enforcing insurance coverage under general liability, directors & officers, fiduciary liability, first-party property, business-interruption, and other types of insurance. Experienced in e-commerce and electronic-discovery issues, Ms. Masters has represented clients in state and federal trial and appellate courts, and in arbitrations in the United States and abroad and won significant trials and arbitrations enforcing insurance coverage for her policyholder clients.
Ms. Masters is AV Peer Review Rated, Martindale-Hubbells highest peer recognition for ethical standards and legal ability. Chambers & Partners USA has named her one of the countrys leading Insurance Law attorneys since 2005. In 2010, Law360 identified her as one of the 10 Most Admired Insurance Attorneys. Washington DC Super Lawyers consistently recognizes her for Insurance Coverage Litigation, as does The Best Lawyers in America for Insurance Law.
Ms. Masters speaks and writes extensively on topics related to her practice and is co-author of two widely recognized legal treatises Insurance Coverage Litigation, updated annually; and Liability Insurance in International Arbitrations: The Bermuda Form. Ms. Masters served as the policyholder Co-Chair of the American Bar Associations Insurance Coverage Litigation Committee from 2000-2003 and is a former Editor of the groups award-winning journal. Ms. Masters served as President of the Womens Bar Association of the District of Columbia from June 1, 2007, to June 1, 2008, and currently serves on the ABA Commission on Women in the Profession, and in other bar leadership positions.
In 2011, the National Law Journal honored her in its Champions and Visionaries award series for her work on voting rights and womens rights issues, saying she upheld the professions core values through public service, pro bono effort and advocacy for civil liberties. The National Association of Women Lawyers recognized Ms. Masters with the 2005 Service Award for her work as Chair of the groups Amicus Committee.
