This class will define, through case law, academia and history, the key terms found in first-party policies, such as revolution, insurrection, riot, and civil war, as well as how to differentiate between an act of terrorism and sabotage.
Before being able to label an event or set of circumstances involving secrets or disclosed combatants, it is important to identify exactly what peril is causing the property damage at issue.
Key Learning Objectives:
1) Being able to distinguish between the many war risk terms.
2) How to compile evidence of an incident in order to determine which term applies
3) How the reverse loop provision
4) Handling insurance claims involving these events
CLE AGENDA
WAR RISKS/TERRORISM
I. PRESENTATION OF ISSUES/REVIEW OF RELEVANT TERMS (5 minutes)
II. WAR RISK EXCLUSION (20 minutes)
A. Definition of key terms (Davila case)
1. Insurrection
2. Rebellion
3. Revolution
4. Civil War
B. Additional terms
1. Military or usurped power
2. Strike, riot, civil commotion
3. War-like operations
4. Mutiny
5. Coup detat
6. Terrorism
7. Sabotage
8. Ethnic conflict
9. Act of foreign enemy
C. Reverse Burden of Proof
III. KEY CASES (20 minutes)
A. Spinneys
B. Holiday Inns
C. Pan Am
D. Sherwin-Williams
E. Other sources
1. Marine war risks
2. Dr. Peter Schraeder (war coverage terms)
IV. PROPERTY TERRORISM SABOTAGE (PTS) COVERAGE (5 minutes)
V. "WAR" STORIES (10 minutes)
A. Somalia
B. Sri Lanka
C. Indonesia
D. Zimbabwe
E. Lesotho
F. Chad
G. Angola
H. Djibouti
I. Lebanon
Speaker Biographies:
Eugene Wollan, a graduate of Harvard College (cum laude) and Harvard Law School, has concentrated for forty-eight years on property and casualty insurance claims litigation, commercial insurance litigation, and reinsurance controversies. Mr. Wollan has served as an expert witness and as umpire and arbitrator in insurance and reinsurance disputes, and has testified in Great Britain as an expert witness on New York insurance law. He is certified as an arbitrator and umpire by ARIAS-US.
In a peer survey, Mr. Wollan was named as one of the five leading insurance / reinsurance lawyers in the US and one of the leading twenty in the world, and he was described as "dean of the [reinsurance] bar" and "one of the best insurance arbitrators in the business." He is listed in Who's Who in American Law, Who's Who Legal, and is AV Peer Review Rated by Martindale-Hubbell
Mr. Wollan is the author of the treatise Handbook of Reinsurance Law (Aspen Law & Business, 2002). He is co-author with Arthur N. Brook of the chapter on Property Insurance contained in Business Insurance Law and Practice Guide (Matthew Bender, 1989) and with Lawrence S. Greengrass of the chapter on Arbitration of Reinsurance Cases contained in Prosecuting and Defending Insurance Claims (John Wiley & Sons, 1989). He and Jeffrey S. Weinstein prepared the 2010 revisions to the chapter on Property Insurance in Appleman's New York Insurance Law. Mr. Wollan's articles have appeared in Best's Review , ReActions , Reinsurance , Insurance and Reinsurance Law International , International Insurance Monitor , Insurance Counsel Journal , The United States Reinsurance Report , and Insurance Advocate. He is a contributing editor on insurance law of The John Liner Review, and a member of the Editorial Board of Risk Management Reports.
In addition to his role as Senior Counsel at MCWG, Mr. Wollan is a Vice-President of AmTrust International Insurance, Ltd. He is a member of the Property Insurance Committee and the Reinsurance Committee of the International Association of Defense Counsel, and of the International Society of Barristers, L'Association Internationale de Droit des Assurances (AIDA), the Defense Research Institute, the Association of the Bar of the City of New York, and the New York County Lawyers' Association. He has served as Vice President, Executive Committee member, and member of the Board of Directors of AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US), is the Editor of the ARIAS Quarterly publication, and serves on the ARIAS Long Range Planning Committee. He has served as a member of the Board of Directors of Copenhagen Reinsurance Company. He has lectured at seminars and meetings sponsored by, among others, the Defense Research Institute, Tort and Insurance Practice Section of the American Bar Association, ARIAS-US, Mealey's, Euroforum, Loss Executives Association, Insurance Information Institute, Inland Marine Underwriters Association, Executive Enterprises, Inc., New South Wales Reinsurance Discussion Group, Australian Reinsurance Rendezvous, and Australian Insurance Law Association.
Mr. Wollan is a Colonel in the Judge Advocate General's Corps, U.S. Army Reserve (Retired), and is an honor graduate of the U.S. Army Command and General Staff College.
Jeffrey S. Weinstein has over twenty-five years of experience in insurance, reinsurance, commercial, tort, contract, corporate, and multi-district litigations and arbitrations. His practice is concentrated in domestic and international insurance coverage disputes involving first-party property, energy, pollution, and employers' liability coverages, and coverage issues arising from mass disasters (e.g., 9/11, 2005 hurricanes; 2011 Japan earthquake). Mr. Weinstein also assists clients in policy drafting, claims handling, and litigation in connection with worldwide property and specialty coverages, such as "Kidnap, Ransom, Extortion," "Confiscation, Expropriation, Nationalization," "Malicious Product Tampering," "Product Recall," "Contaminated Products," "Property, Terrorism, Sabotage," and various "War Risks". He has litigated and handled appeals in state and federal courts throughout the United States and Puerto Rico and has participated in litigations involving several European countries.
Mr. Weinstein has lectured throughout the United States and in the U.K. on first-party coverage issues involving environmental damages, product recall/contamination insurance, mold, and hurricane claims, and he has written for Best's Review, Mealey's Litigation Reports (Insurance), Mealey's Emerging Insurance Disputes, The National Law Journal, and the Risk Management Newsletter. In 2006, Mr. Weinstein was a panelist at the Matson, Driscoll & Damico Annual Business Interruption Roundtable Panel Discussion in London.
Mr. Weinstein and Eugene Wollan prepared the 2010 revisions to the chapter on Property Insurance in Appleman's New York Insurance Law.
He is admitted to the New York and New Jersey State and Federal bars, the District Court of Wisconsin and the United States Court of Appeals for the Second and Third Circuits, and he is a member of the New York County Lawyers' Association.
Mr. Weinstein is a graduate of the State University of New York at Binghamton and Boston University School of Law (cum laude).
This program is not for CLE credit.
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