5/7/14. Spring International Conference - May 5-7, 2014 ABOUT SOCIUS
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1 Spring International Conference - May 5-7, 2014 S CE I RV SE E NC H I P SS A S R CE SU T N E RR SUC N I A R OU S IU O R P SS IS C E F S O N CC LA TI UR YO SU ABOUT SOCIUS q Founded in 1997 q Nationwide leader placing in excess of $200,000,000 in premium volume q Working in partnership with select agencies to find solutions for their clients specialty lines insurance needs q Access both Admitted and Non-Admitted markets q Our mission is to Make you look good!!! 1
2 OUR LOCATIONS Chicago San Francisco Los Angeles Birmingham Tampa Miami PATRICK HANLEY Patrick Hanley: Co-Founder/President 25 years of Insurance Experience (Underwriting and Brokerage) Specialize in the following coverages: Professional Liability Serve(s) on numerous industry boards, including: Executive Committee of the California Surplus Lines Association (Currently serving as Past Chairman) PLUS Foundation California Agents & Brokers Advisory Committee Regular Speaker at Industry Events/Continuing Education Seminars PAUL LEFCOURT Paul Lefcourt: Co-Founder/Senior Vice President/Management Liability Practice Leader 22 Years of Insurance Experience (Underwriting and Brokerage) Specialize in the following coverages: Professional Liability Cyber/Internet Liability Regular Speaker at Industry Events Continuing Education Presenter 2
3 CYNTHIA ZIMMERMAN Cynthia Zimmerman: Office: Cell : Vice President Management & Professional Liability Broker Registered Professional Liability Underwriter (RPLU) since Years of Insurance Experience Specialize in the following coverages: Fiduciary Crime Professional Liability / E&O/ Medical Malpractice Cyber/Internet Liability Regular Speaker at Industry Events Continuing Education Presenter WE SPECIALIZE IN THE FOLLOWING AREAS OF RISK: Publicly Traded Private Company Non-Profit Monoline Combo Policy Professional Liability Traditional Professional Classes Miscellaneous Classes Cyber/Internet Liability 1 st /3 rd Party Network Security/Data Breach Which of these areas of risk does your agency specialize in? WE SPECIALIZE IN THE FOLLOWING AREAS OF RISK: Casualty Construction: Residential & Commercial Environmental Tough Products/Manufacturing Medical Devices & Products Excess Gl/AL/EL $500 M Capacity Property DIC Earthquake/Flood/Wind Older Properties Historic Value Properties Large Property Schedules Layered programs Which of these areas of risk does your agency specialize in? 3
4 COVERAGE SPECIFIC RESOURCES LAURA ZAROSKI, J.D. Laura Zaroski: Employment Practices Liability Coverage & Claims Services Most recently a partner in the Chicago Office of O'Hagan Spencer, LLC Headed up the insurance coverage and claims management department Represented various domestic insurance companies as well as Londonbased insurers as coverage and claims management counsel Is available to assist with limits analysis and coverage or claims issues for existing and prospective insureds MICHAEL G. HOY, J.D. Michael Hoy: mhoy@sociusinsurance.com Employment Practices Liability Coverage & Claims Services 19 years of Insurance Experience (Underwriting and Retail Brokerage) Specializes in all Management Liability lines (including Venture Capital/ Private Equity, Public and Private D&O and EPL) and Technology E&O/ Cyber Liability Significant national law firm defense litigation experience, including securities and employment litigation Is available to assist with limits analysis and coverage or claims issues for existing and prospective insureds 4
5 WHAT IS EMPLOYMENT PRACTICES LIABILITY? The main exposures related to EPL are as follows: Wrongful Termination Discrimination (hiring, firing, demotion, comments/slurs) Sexual Harassment Retaliation 3rd Party Discrimination and Harassment Wage & Hour Immigration/Illegal Aliens Employee Privacy EMPLOYMENT RELATED LAWS Equal Pay Act of 1963 (EPA) Civil Rights Act of 1964 (Title VII) amended in 1991 (CRA) Age Discrimination in Employment Act (ADEA) Pregnancy Discrimination Act of 1978 (PDA) Americans with Disabilities Act of 1990 (ADA) Older Workers Benefit Protection Act of 1990 (OWBPA) Family and Medical Leave Act of 1993 (FMLA) State and City anti-discrimination Laws Fair Labor Standards Act of 1938 (FLSA) Immigration Reform and Control Act of 1986 (IRCA) COVERAGE WHAT TO LOOK FOR Claims Made and Reported Definition of Claim Definition of Insured (application must disclose all entities) Definition of Employee Full Prior Acts Coverage Defense Costs for FLSA (Wage/Hour ) Claims Defense Inside/Outside the Limits 3rd party EPLI Coverage (clients, suppliers, vendors, other business invitees) Defense Costs for Immigration Investigations Workplace Violence Expense Breach of Employee Privacy Retentions / Sub-retentions 5
6 COVERAGE WHAT TO LOOK FOR (CONT.) Full Retaliation Coverage Punitive Damages with most favorable venue wording Exclusions/Restrictions (class action, reduction in force, mass layoffs) Loss specifically covers front pay and back pay Policy Non Cancelable by Insurer Notice of Claim provision Bilateral Extended Reporting Period Multi Year Options Spousal and Domestic Partner Extension Option to Package With D&O, Fiduciary, Other Duty to Defend policy with no hammer clause (or softened) Selection of Counsel MARKET TRENDS Increases in Premiums Increases in Retentions (Policy wide vs Specific Coverages) Reduction in Availability of Wage/Hour Coverage Increased Underwriting Scrutiny Financial Strength Organizational Structure Claims / Lessons Learned Risk Management/Procedures Increased Scrutiny Regarding Selection of Counsel Requests Experience Rates Reason for Counsel Request Proximity to Insured/Venue Potential Conflicts EMPLOYMENT PRACTICES LIABILITY CARRIERS Ace/Westchester AIG Arch Argo/Colony Aspen Axis Beazley USA Berkley/Carolina Casualty Catlin Chubb/Executive Risk CNA CV Starr Darwin/AWAC Great American Hartford Hiscox Houston Casualty Hudson Ironshore Kinsale Liberty Lloyds of London Markel Navigators OneBeacon/Homeland Philadelphia Progressive QBE RSUI Scottsdale Travelers XL Zurich 6
7 FOLLOW US Twitter LinkedIn Facebook Socius Blog (RSS Feed) Socius Website 7
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