What is the general issue? Why this is important now?
All businesses are, or should be, concerned with protecting themselves from employee fraud, dishonesty, embezzlement and/or lost resulting from fraud by a counter-party. Unfortunately, these incidents are on the rise. For the policyholder, it is important to understand what may be covered under financial institution or crime bonds, how to effectively recognize a potentially covered loss and handle the submission of a claim and the insurers investigation. The insurer, for its part, must understand how to investigate a submitted claim in a manner that both protects its rights, but is sensitive to the needs of the policyholder.
Who will be most interested in this program?
-
Risk Managers and other corporate representatives
-
Insurer and Policyholder attorneys
-
Claims personnel
-
Insurance company representatives
-
Insurance brokers
What core concepts will be addressed?
-
Nature of financial institution/crime coverage
-
What to do if your company is the victim of fraud
-
Timing issues particular to financial institution/crime bonds
-
Proving loss
-
The extent of the policyholders duty to cooperate with the insurance investigation
-
Steps the insurers claims personnel should be taking in response to a claim
-
Keeping an eye on possible coverage disputes
Key Learning Objectives:
-
A discussion of lessons learned from both a policyholder and insurer perspective on how to best investigate and handle a fidelity claim.
-
Participants will get a complete understanding of what is expected in the claims process from the policyholder and the insurer.
-
The pitfalls and potential mistakes that should be avoided will also be addressed.
Program Agenda:
1) Whats Covered and What Is Not The Basics
2) Timing of Notice and Proof of Loss
a. The concept of discovery and how it drives the timing of submissions under the bond.
b. What should the insurer and the policyholder expect after providing notice?
c. Managing internal expectations.
3) Demonstrating and Proving the Loss
a. When and how to use a certified fraud examiner.
b. The makeup of the proof of loss
4) Analysis of the insurers duty to investigate and/or help to mitigate loss
5) The Duty to Cooperate How Far Does It Extend?
a. Analysis of the thorny issues of work product/attorney-client communications.
6) Negotiating a Resolution of the Claim Key coverage Issues to Keep In Mind
7) Recovery from third Parties
a. Computation of loss
b. Subrogation issues
Faculty Information
Matthew J. Schlesinger. Mr. Schlesinger has extensive experience representing policyholders nationwide in insurance coverage disputes with their insurance carriers, and counseling clients on insurance-related issues. Legal 500 2012 reports Mr. Schlesinger has a depth and breadth of experience and is very sensitive to business needs. His work includes prosecuting financial institution bond claims for very large and complex financial frauds, including through litigation and alternative dispute resolution proceedings. Mr. Schlesinger is a co-chair of the Fidelity Subcommittee of the Insurance Coverage Litigation Committee of the American Bar Association.
Mr. Schlesinger is admitted to practice in the D.C. and Maryland Bars, and in the U.S. District Courts for the Districts of Columbia, Maryland and the Eastern District of Wisconsin. He earned his J.D. from Northwestern University School of Law in 1989, serving as Note and Comment Editor of the Northwestern Journal of International Law and Business. He received his B.A., cum laude, from American University in 1985.
Michael Davisson serves as the firm wide chair of Sedgwicks Commercial Division and practices in the area of business law. Since 1978, Mr. Davisson has been active in the areas of antitrust, securities litigation, and corporate coverage litigation. In addition to preparing and trying numerous jury trials, Mr. Davisson has extensive experience investigating and litigating complex business and coverage matters involving substantial financial exposures.
Mr. Davisson is a member of the Tort and Insurance Practice Section of the American Bar Association and the Professional Liability Underwriting Society. He received his J.D. in 1978 from the University of California, Hastings College of the Law, and his undergraduate degree, an A.B. , from the University of California, Berkeley in 1975.
Brad Murlick is a Managing Director in the Disputes & Investigations practice. Mr. Murlick assists clients worldwide on insurance claim recovery matters involving property/business interruption, fidelity/employee dishonesty, product recall, builders risk, and political risk, among others. He has also assisted numerous insurance brokerage clients in the defense of E&O matters involving property and casualty disputes and litigation. He has testified both at arbitration and federal court.
Mr. Murlick is well published and frequently quoted in insurance industry publications. He has also appeared on NPR, CNBC, and Summit TV (South Africa) to discuss claim issues.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
