Author: Vibert, Taylorann

Big Data and Insurance

A day-long symposium hosted by The Insurance Law Center and The Connecticut Insurance Law Journal at the University of Connecticut School of Law, Starr Hall on Thursday, April 3, 2014 from 8:00 am – 4:15 pm.

The revolution in the technology of data known as “Big Data” poses technological and organizational challenges for the field of insurance. Will we see a new paradigm of insurance that puts data at the center of its activity (and no longer only risk)? Similarly, which values, which norms, which regulation should govern the new world of data? This latter question has important implications for the regulation of data (until now little experienced in the insurance context): the ownership of data, their use in risk classification and evidence-based healthcare, and protections against the abuse of data (privacy and discrimination). In this symposium, we will explore these issues, bringing together the experience of insurers, scholars, and regulators on both sides of the Atlantic.

8:15 Continental Breakfast

8:45 Welcome to the Law School

9:00 Big Data and the Paradigm of Insurance

Eric Brat, Senior Partner and Managing Director, The Boston Consulting Group

Francois Ewald, Scholar in Residence and International Research Fellow, University of Connecticut School of Law

Cyrille de Montgolfier, Senior Vice President European and Public Affairs, AXA Group

Moderator: Patricia A. McCoy, University of Connecticut School of Law

10:15 Break

10:30 Big Data, Risk Classification, and Adverse Selection

Christophe Geissler, Chief Scientific Officer, Quinten

Peter Siegelman, Roger Sherman Professor of Law, University of Connecticut School of Law

Rick Swedloff, Assistant Professor of Law, Rutgers School of Law—Camden

Moderator: Peter Kochenburger, University of Connecticut School of Law

11:45 Luncheon

Luncheon Keynote Address

The Hon. George Jepsen, Connecticut Attorney General

1:30 Big Data and the Consequences for the Management of Health Care

Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School

JudyAnn Bigby, Senior Fellow, Mathematica Policy Research and past Secretary of Health and Human Services for the Commonwealth of Massachusetts

Sharona Hoffman, Edgar A. Hahn Professor of Law, Professor of Bioethics, and Co-Director of the Law-Medicine Center at Case Western Reserve University

Moderator: John Aloysius Cogan, Jr., University of Connecticut School of Law

3:00 Global Regulatory Implications of Big Data in Insurance: Social Values and Norms

Matthew F. Fitzsimmons, Assistant Attorney General and Chair, Privacy Task Force, Office of the Attorney General, State of Connecticut

Andromachi Georgosouli, Senior Lecturer, Centre for Commercial Law Studies, Queen Mary, University of London

Romain Paserot, Director of Cross-functional and Specialized Supervision, Autorit  de contr le prudentiel, France

Moderator: Francois Ewald, University of Connecticut School of Law

4:15 Conference Conclusion

 

Insurance Coverage 101

The Insurance Coverage 101 CLE is sponsored by the UConn Law School & The Insurance Law Center, CBA Insurance Law Section, CBA Young Lawyers Section on Thursday, January 23, 2013 from 12:30 – 5:00 pm in the William Davis Courtroom in Starr Hall on the Law School Campus.

About the Program:  Learning the nuts and bolts of insurance law is the first step toward successfully litigating claims involving insurance disputes. Panelists will share the ins and outs of insurance policy construction and the specialized law governing coverage disputes.

Who You Will Learn From: The seasoned panel includes law professors, attorneys who represent insurers or policyholders, a former Administrative Manager of the Connecticut Insurance Department and a forensic accountant specializing in insurance recovery.

You Will Learn:

How policies are constructed

How to read an insurance policy to protect your clients’ needs

How to determine whether the claim falls under the policy

When to file insurance coverage lawsuit, particularly declaratory judgment actions

How to protect or defend an insurer in a breach of contract or bad faith action

How to best posture an insurance lawsuit for successful motion practice or a trial on the merits

Agenda

12:00 Registration and Lunch

12:30 Anatomy of an Insurance Policy and More

Topics include: The Concept of Fortuity, Types of Insurance, Anatomy of an Insurance Policy, Rules of Policy Interpretation, and Rescission and Cancellation

Moderator: Gregory D. Podolak, Saxe Doernberger & Vita PC, Hamden

Panelists:

Elizabeth (Festa) Ahlstrand, Seiger Gfeller Laurie LLP, West Hartford

Mark Franklin, Franklin Regulatory Consulting LLC, Southbury

Ryan Suerth, Ryan Suerth LLC, Madison

1:30 First-Party Property Insurance

Topics include: Homeowners, Commercial Property, and Builders Risk, National Flood Insurance and Claim Analysis

Moderator: Regen O’Malley, O’Connell Attmore & Morris LLC, Hartford

Panelists: Wystan M. Ackerman, Robinson & Cole LLP, Hartford

Karen Cusato, Cusato Consulting, Westport

William D. Goddard, Bingham McCutchen LLP, Hartford

Steven B. Ryan, Halloran & Sage LLP, Hartford

2:30 Break

2:45 Third-Party Liability Insurance

Topics include: Duty to Defend, Duty to Indemnify, Claims Made vs. Occurrence-based Coverage, Conditions, Commercial General Liability,

Professional Liability, Umbrella/Excess, Contractual Risk Transfer and Claim Analysis

Moderator: Peter Kochenburger, Executive Director, Insurance Law Center, Director of Graduate Programs, Associate Clinical Professor of Law,

University of Connecticut School of Law, Hartford

Panelists: Marilyn B. Fagelson, Murtha Cullina LLP, New Haven

Ernest J. Mattei, Day Pitney LLP, Hartford

Stuart D. Rosen, Bingham McCutchen LLP, Hartford

3:45 Insurance Coverage Litigation

Topics include: Breach of Contract, Declaratory Judgment, Extra-Contractual Liability, Implied Duty of Good Faith and Fair Dealing,

Connecticut’s Unfair Trade Practices and Unfair Insurance Practices Acts

Moderator: Michael T. McCormack, Hinckley Allen, Hartford

Panelists: John L. Altieri, Jr., Boutin & Altieri PLLC, Fairfield

Thomas O. Farrish, Day Pitney LLP, Hartford

Rachel L. Priester, The Hartford, Hartford

5:00 Networking Reception (Janet B. Blumberg Hall)

 

Regulators in Professional Liability

The Regulators in Professional Liability symposium is hosted by the Professional Liability Underwriting Society and by the Insurance Law Center, University of Connecticut School of Law.

Date and Time: 12/11/2013

Location: William R. Davis Courtroom, Starr Hall

Keynote Speaker:  Connecticut Insurance Commissioner Thomas Leonardi

In this symposium, hosted by the Hartford Chapter of the Professional Liability Underwriting Society (PLUS) and the Insurance Law Center, several current and former state insurance commissioners and experienced regulatory lawyers will discuss the impact of regulators on the insurance market.

Wednesday, December 11, 2013

1:00 Registration Begins

1:30 – 4:00 p.m. Program

Keynote Speaker: The Honorable Thomas B. Leonardi, Insurance Commissioner, State of Connecticut

Moderator: James Wrynn, Goldberg Segalla LLP, former New York State Superintendent of Insurance

Panelists:

David Allen, Vice Present, Gen Re

Mehvish Femia, Regulatory Counsel, Beazley

Kevin LaCroix,Executive Vice Present, RT ProExec

Aligning Risk Management With Strategy

Join us at the 2nd annual Connecticut Risk Management Conference which has been designed to align risk management with strategy. This conference will bring together professionals engaged in risk management, senior management, and regulators, as well as faculty members and students in UConn’s MS in Financial Risk Management (MSFRM) Program and the Insurance Law Center at UConn Law School.

We are especially pleased to announce our welcoming speaker, Luis Custodio (Chief Risk Officer, IBM), and keynote speaker, William D. Cohan, TV commentator, Vanity Fair contributing editor, and best-selling author of 3 gripping books (The Last Tycoons: The Secret History of Lazard Freres & Co, House of Cards, and Money and Power: How Goldman Sachs Came to Rule the World).

This conference, organized by UConn’s highly successful MSFRM graduate degree program and the Insurance Law Center, is being sponsored by several multinational corporations in the greater Stamford and Hartford, Connecticut areas.

When:

Thursday, November 14, 2013

7:30 AM – 4:45 PM

Where:

Stamford Marriott

243 Tresser Boulevard

Stamford, Connecticut

Pricing:

$100.00 per person

$75.00 for CFA Members

$50.00 for current UConn student

Agenda:

7:30 – 8:00 AM Breakfast

8:00 – 8:30 AM Inaugural Comments Luis Custodio (CRO, IBM)

8:30 – 9:30 AM

Session 1:

The New Normal Challenges in Managing a Diversified Retirement Portfolio Jayesh

Bhansali (Head of Global Derivatives and Quantitative Portfolio Management, TIAA-CREF)

9:30 – 10:30 AM

Session 2:

Analysis of Real World Signals Dr. Amitabha Sen (Private Consultant)

10:30 – 10:45 AM Coffee Break

10:45 – 11:45 AM

Session 3: Meaningful Delivery of Risk Management (Panel Session) Moderator: Patricia A.

McCoy (Connecticut Mutual Professor of Law and Director, Insurance Law Center, School of Law)

Speakers: Erika Crandall (Head of Technology Risk Management, Bank of the West)

Ann Rodriguez (Head of Enterprise and Operational Risk, GE Capital)

11:45 – 12:45 PM

Buffet Lunch and Welcome Remarks John Elliott (Dean, UConn School of Business) and Timothy

Fisher (Dean, UConn Law School)

12:45 – 1:30 PM Keynote Address: William D. Cohan (Editor, Vanity Fair)

1:30 – 2:30 PM

Session 4: Managing Compliance Risk Andrea Kersken (Senior Director, Enterprise and Financial

Risk Management, IBM Corporation) and John Preli (Director, Trust and Compliance Officer, IBM

Corporation)

2:30 – 2:45 PM Coffee Break

2:45 – 3:45 PM

Session 5: Enterprise Risk Management (Panel Session) Moderator: Susan Weber (Director, ERM,

Northeast Utilities)

Speakers: Charles Jones (Strategy and Risk Manager from UIL Holdings Corporation)

Richard Muzikar (Director, ERM, Con Edison)

Alexis Harley (Head of US Risk Management, National Grid)

3:45 – 4:45 PM

Session 6: Using ERM to Improve Strategic Decisions (Panel Session) Dan Herd (Executive

Advisor, CEB Risk Management Leadership Council) and Navin Maharaj (RM Consultant, Toronto

Hydro)

 

For additional information:

Click here for a detailed conference schedule

Click here for session descriptions

Click here for speaker biographies

Questions? Contact Caitlin Orocu at 203-251-8475 or corocu@business.uconn.edu.

The Law and Economics of Insurance

The Insurance Law Center cordially invites you to its fall 2013 symposium, THE LAW AND ECONOMICS OF INSURANCE, in the William F. Starr Hall, University of Connecticut School of Law, Hartford, Connecticut on Friday, October 4, 2013 from 8:00 a.m. – 4:00 p.m.

Insurance law and insurance economics each have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. As a result, legal analysis of insurance tends to ignore or simplify the economic implications of doctrinal rules and regulatory approaches. For example, the use of behavioral economics to understand anomalies in insurance demand has generated important insights that legal scholars and regulators are only beginning to assimilate. Meanwhile, economic models of insurance are often too divorced from legal realities and institutional details to offer clear policy guidance. Thus, careful study of different companies’ homeowners insurance policies reveal significant differences among them that present challenges for economic models of competition in insurance markets. In conjunction with the forthcoming publication of Edward Elgar’s Research Handbook on the Law and Economics of Insurance (Daniel Schwarcz and Peter Siegelman, eds.), this symposium aims to encourage more policy-relevant insurance economics scholarship and more economically-sophisticated legal scholarship by promoting conversation across legal and economic disciplines. To this end, the conference brings together leading scholars in insurance law and in insurance economics to discuss issues at the heart of both disciplines. Examples include the role of government in regulating insurance solvency and providing disaster insurance, the role of courts in interpreting insurance policies and regulating their content, and the role of insurance in shaping legal liability. Our hope is that the conference will better equip participants across disciplinary categories to integrate the new insights of insurance economics with the flourishing body of research in insurance law, so that each discipline can recognize and build on the contributions of the other.

8:15 Continental Breakfast

8:45 Welcome To The Law School

9:00 Why And How Do Consumers Purchase Insurance?

Howard C. Kunreuther, The Wharton School, University of Pennsylvania & Mark V. Pauly, The Wharton School, University of

Pennsylvania: Behavioral Economics & Insurance:Policy, Legislative, and Regulatory Principles and Solutions

Daniel Schwarcz, University of Minnesota Law School & Peter Siegelman, University of Connecticut School of Law:The Law & Economics of

Insurance Intermediaries

Joshua C. Teitelbaum, Georgetown University Law Center: Optimal Design of Insurance Policies

Moderator: Patricia A. McCoy, University of Connecticut School of Law

10:15 Break

10:30 The Role Of The State In Insurance Markets

Kenneth S. Abraham, University of Virginia School of Law & Pierre-Andr  Chiappori, Department of Economics, Columbia

University: Classification Risk and Its Regulation

Scott E. Harrington, The Wharton School, University of Pennsylvania: U.S. Health Insurance and Health Care Reform

James Kwak, University of Connecticut School of Law: Social Insurance as Insurance

Moderator: John Aloysius Cogan, Jr., University of Connecticut School of Law

11:45 Luncheon

Luncheon Keynote Address

Hon. Thomas B. Leonardi, Insurance Commissioner, State of Connecticut

1:30 Insurance Regulation

Martin Grace, J. Mack Robinson College of Business, Georgia State University: Economics of State vs. Federal Regulation

Robert W. Klein, J. Mack Robinson College of Business, Georgia State University & Elizabeth F. Brown, J. Mack Robinson College of Business,

Georgia State University: Insurance Solvency Regulation: Present Structure and Future Promise

Moderator: Peter Kochenburger, University of Connecticut School of Law

2:20 Break

2:35 Courts And Insurance

Tom Baker, University of Pennsylvania Law School & Kyle D. Logue, The University of Michigan Law School:Mandatory and Non-Mandatory

Implied-in-Law Terms in Insurance Contracts

Michelle Boardman, George Mason University School of Law: Interpretation and Construction of Insurance Contracts

Richard Squire, Fordham University School of Law: Duty to Settle

Moderator: Daniel Schwarcz, University of Minnesota Law School

3:45 Conference Conclusion

Continental breakfast and lunch provided to those who register by Monday September 30, 2013. Registration is free. To register, call Patricia

Carbray at 860-570-5184 or write patricia.carbray@uconn.edu. Out-of-town guests may book rooms at the Hartford Downtown Marriott.

Visiting Scholar Workshop by Professor Jenny Steele

Please join the Insurance Law Center at 4 p.m. on Thursday, September 26, 2013, for a workshop by Professor Jenny Steele, an insurance law expert at York Law School at the University of York in the United Kingdom. Professor Steele will present her work titled “The Compatibility of Insurance and Obligations.” Her talk will take place in Blumberg Hall, which is on the second floor of Starr Hall on the Law School campus. A reception honoring Professor Steele and our adjunct insurance law professors will follow immediately afterwards.

The Leverhulme Trust recently awarded Professor Steele a three-year Major Research Fellowship on Liability, Insurance and Society: the Politics and Economy of Private Law. Her forthcoming book with Rob Merkin, titledInsurance and the Law of Obligations, will be published by Oxford University Press.

2013 Junior Scholars Workshop on Financial Services Law

On June 14, 2013, the Insurance Law Center will host law professors from across the country for the 2013 Junior Scholars Workshop on Financial Services Law. This competition is open to law faculty with less than six years of teaching experience.  The workshop participants may submit papers on any of a wide array of topics, including:

Banking, securities, insurance, and commodities regulation;

Regulatory issues concerning the shadow banking system;

Consumer financial services and the regulation of those services;

Payment systems and other topics of commercial law related to commercial banking;

Legal implications of bank-based versus capital-markets-based systems of finance; and

Systemic financial risk.

Authors whose papers are selected will be invited to discuss their work with each other and senior scholars in the field at this all-day event.

 

 

Lawyers Professional Liability Symposium

In this symposium, hosted by the Hartford Chapter of the Professional Liability Underwriting Society (PLUS) and the Insurance Law Center, an expert panel will discuss the state of the legal malpractice insurance market, including:

significant and new decisions affecting attorneys’ practice,

how claims affect pricing along with coverage,

risk management issues,

the impact of new decisions on businesses, and

coverage issues that insurance agents and brokers must consider when recommending legal malpractice products to their clients.

 

Monday, May 20, 2013

1:00 Registration Begins

1:30 – 4:00 p.m. Program

Panelists:

Elizabeth M. Cristofaro, Goldberg Segalla LLP

John Kronholm, Kronholm Insurance Services

Adam Sharaf, AXIS US Insurance

Rhonda Tobin, Robinson & Cole, LLP

Moderator: Jeffrey Neidle, One Beacon Professional Insurance

 

CT Bar Ass’n CLE on Liability Insurance & Litigation

Cover Yourself (and Your Client): Critical Insurance Considerations When Prosecuting or Defending Civil Actions

Tuesday, April 16, 2013

5:45 p.m. to 8:30 p.m.

(Cash bar at 5:00 p.m., dinner at 5:45 p.m., program at 6:15 p.m.)

A CLE cosponsored by the Connecticut Bar Association Sections on Insurance Law and Litigation and The Insurance Law Center

Janet M. Blumberg Hall

University of Connecticut School of Law

Hartford, CT

Speakers:

Leonard Isaac, Litigation Section Chair, Isaac Law Offices LLC, Waterbury

Peter Kochenburger, Executive Director, Insurance Law Center, University of Connecticut School of Law, Hartford

Edward P. McCreery III, Pullman & Comley, LLC, Bridgeport

Elizabeth J. Stewart, Murtha Cullina LLP, New Haven

Ryan M. Suerth, Ryan Suerth LLC, Madison

Moderator:

Elizabeth F. Ahlstrand, Seiger Gfeller Laurie LLP, West Hartford

Program Schedule

5:00 Registration and Cash Bar

5:45 Dinner Buffet

6:10 Introduction

6:15 Is Insurance Coverage Available for Certain Causes of Action?

6:45 Ethical Issues for Defense Counsel

7:15 Break

7:25 CUTPA/CUIPA Claims

7:55 Duty to Defend

8:20 Concluding Remarks

This seminar is appropriate for both newly admitted and experienced attorneys.

 

About the Program

1. Is insurance coverage available for certain causes of action? This presentation will include a discussion of intentional vs. negligent conduct,

volitional conduct with unintended consequences, and intentional torts that are nonetheless covered under personal/advertising injury coverage.

2. Ethical issues for defense counsel. This presentation will identify an array of circumstances that pose ethical dilemmas, including the tripartite relationship between insurer, policyholder and underlying defense counsel, the right of the insurance carrier to intervene in the underlying litigation, use of jury interrogatories, use of general vs. special verdict forms, and motions to strike or for summary judgment that obtain dismissal of covered claims but leave the defendant exposed on non-covered claims.

3. CUTPA/CUIPA claims. This presentation will provide an overview of existing law, including recent developments, and potential applications (such as for post-litigation conduct).

4. Duty to defend. This presentation will explore the tensions between the duty to defend and the duty to indemnify, such as why a policyholder’s success in obtaining coverage for defense can be the death knell to underlying plaintiff’s counsel when there is no duty to indemnify.

Seminar Code: IN030713

The Challenge of Retirement in a Defined Contribution World

The last forty years have ushered in a shift from defined benefit to defined contribution plans and with that shift, employers have shed market risk and moved it onto workers. Along with this change come difficult issues, including the ability of middle- and lower-income households to bear that risk, the increased volatility of financial markets, the danger of outliving one’s savings, and senior citizens’ ability to continue managing their portfolios when physical or cognitive problems strike. In this symposium, economists, legal scholars, government officials and market participants will come together to discuss how to better understand the defined contribution paradigm and how its risks should be managed and regulated.

8:15 Breakfast

8:45 Welcome to the Law School

9:00 Perspectives on Challenges in Lifecycle Planning for Retirement

Richard L. Kaplan, Peer and Sarah Pedersen Professor, University of Illinois College of Law

Russell K. Osgood, Visiting Professor, Washington University School of Law, and immediate past President of Grinnell College

Moderator: James Kwak, Associate Professor of Law, University of Connecticut School of Law

10:00 Break

10:15 Employer and Employee Perspectives on Pensions

Kevin Lembo, State Comptroller, State of Connecticut

Dana M. Muir, Arthur F. Thurnau Professor of Business Law, Stephen M. Ross School of Business, University of Michigan

Brishen Rogers, Assistant Professor of Law, Beasley School of Law, Temple University

Edward A. Zelinsky, Morris and Annie Trachman Professor of Law, Benjamin N. Cardozo School of Law

Moderator: Michael Fischl, Professor of Law, University of Connecticut School of Law

12:00 Luncheon

12:30 Luncheon Keynote Address

Alicia H. Munnell, Peter F. Drucker Professor of Management Sciences at the Carroll School of Management and Director of the Center for

Retirement Research, Boston College

1:30 Problems With Defined Contribution Plans

Zvi Bodie, Norman and Adele Barron Professor of Management, School of Management, Boston University

Lawrence A. Frolik, Distinguished Faculty Scholar and Professor of Law, University of Pittsburgh School of Law

David Laibson, Robert I. Goldman Professor of Economics, Department of Economics, Harvard University

Amy Monahan, Professor of Law, University of Minnesota Law School

Moderator: Patricia A. McCoy, Connecticut Mutual Professor of Law and Director, Insurance Law Center, University of Connecticut School of Law

3:15 Break

3:30 Related Consumer Issues

Mercer E. Bullard, Jessie D. Puckett, Jr., Lecturer and Associate Professor of Law, University of Mississippi School of Law

Megan Thibos, Mortgage Markets Section, Consumer Financial Protection Bureau

Moderator: Dali Jimnez, Associate Professor of Law, University of Connecticut School of Law