Table of Contents See also Summary of Contents beginning page vii.

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1 Table of Contents See also Summary of Contents beginning page vii. Chapter One: PowerPoint Presentation: Risk Management Jay A. Desjardins, Esquire Agenda... 3 Risk Management and Insurance Overview... 4 Sample Casualty Program Schematic... 5 Workers Compensation Coverage... 6 Covered Injuries and Diseases... 7 Business Auto Coverage... 8 Uninsured/Underinsured Motorist Coverage... 9 General Liability Scope of Coverage What Does the Policy Cover? Policy Details Umbrella and Excess Liability Features of Coverage Property Types of Property Insured Types of Property Excluded Major Causes of Loss Excluded Time Element Loss Scenario Contingent Time Element (TE) Loss Scenario Understanding D&O Risk Overview of the D&O Contract Directors & Officers Liability The Value of Side A DIC Coverage A Note Concerning Private Companies Understanding Fiduciary Liability Risk Common Sources of Fiduciary Liability The Difference between 1 st and 3 rd Party Coverage Claims-Made vs. Occurrence Occurrence ix

2 Claims-Made Primary Insurance vs. Excess Insurance Self-Insured Retention (SIR) vs. Deductible Contractual Risk Transfer Introduction Goal Key Strategy Ideal Approach Reasons for Requiring Additional Insured Status Chapter Two: Business Insurance Coverages Available to Business Entities and Related Coverage Issues Submitted by: Steven Burgess Davis, Esquire Written by: Caitlin Oberst, Esquire 1. Commercial General Liability Insurance Colony Ins. Co. v. Mid-Atlantic Your Services Corp., No , 2012 WL (3d Cir. June 21, 2012) th Street Investors LLC v. Dowdell, No , 2008 WL (W.D. Pa. Jan. 15, 2008) Directors and Officers Insurance Errors and Omissions, or Professional Liability Insurance Transcore, LP v. Caliber One Indem. Co. 972 A.2d 1205 (Pa. Super. Ct. 2009) Physicians Ins. Co. v. Pistone, 726 A.2d 339 (Pa. 1999) Product Liability Insurance Viger v. Commercial Ins. Co. of Newark, NJ, 707 F.2d 769 (3d Cir. 1983) Employer Liability and Workers Compensation Insurance USX Corp. v. Liberty Mutual Ins. Co., 444 F.3d 192 (3d Cir. 2006) Commercial Auto Insurance Transguard Ins. Co. of America, Inc. v. Hinchey, 433 F. Supp. 2d 450 (M.D. Pa. 2006) Theft and Employee Dishonesty Coverage Resolution Trust Corp. v. Fidelity & Deposit Co. of Maryland, 205 F.3d 615 (3d Cir. 2000) Commercial Property Insurance B Street Associates, Inc. v. Lexington Ins. Co., 483 F. App x 693 (3d Cir. 2012) U.S. Fire Ins. Co. v. Kelman Bottles, No , 2012 WL (W.D. Pa. Apr. 5, 2012) Business Interruption Insurance Peerless Dyeing Co., Inc. v. Industrial Risk Insurers, 573 A.2d 541 (Pa. Super. Ct. 1990) x

3 Pennbarr Corp. v. Insurance Co. of North America, 976 F.2d 145 (3d Cir. 1992) Builder s Risk Insurance Key Person Insurance Buy/Sell Insurance Chapter Three: How to Build a Multinational Program David Halperin, Esquire Weighing Worldwide Insurance Options The Building Blocks Compliance Claims Income Tax Proof of Insurance Coverage Evaluating the Risks The Greater the Exposures, the Greater the Need for Local Insurance Protection Products and Services Physical Presence Company Structure/Capital Position Lines of Insurance Contractual Counterparties A Final Note Chapter Four: EPL Advisor Submitted by: Aon Financial Services Group Wage & Hour Claims: A Solution At Last What Do We Mean By Wage & Hour Claims? The EPLI Gap Light at the End of the Tunnel? Class Action Settlements Generating Contracts Cleaning Up Better Ride Exterminating Fast Food Harassment Checking Out Carbonated Agreement No Home Improvement xi

4 Putting Out the Fire Intellectual Robbery Medically Speaking Disability Reverse Pending Class Actions Financial Females Largest Class Ever-Part 2, 3 & Enforcing the Law Financial Class Shipping Discrimination EEOC Charges Remain at Record Levels for the Second Year in a Row Breaking News EEOC Update EPLI Marketplace Overview Rates are Beginning to Climb Market Pricing Trends Tough Times for Smaller EPLI Accounts It s Good to be Big for a Change Organizational Resilience: PROTECT, RESPOND & RECOVER Organizational Resilience: PROTECT Security Organizational Resilience: RESPOND Crisis Management Organizational Resilience: RECOVER Business Continuity Single Plaintiff Settlements Hospital Harassment Steel Hostility Bad Drugs Too Old Pharma Retaliation Wrongful Discharge Conversion Calling Engineering Harassment Lobbying HIV Disability It s Electric Chapter Five: PowerPoint Presentation: Hot Topics in Employment Practices Liability Claims and EPL Insurance Thomas Hams, Esquire Trudy A. Hardin, Esquire Jay A. Desjardins, Esquire I. Executive Summary of EPLI Coverage What is the Purpose of EPLI? EPLI is designed to provide employers with insurance protection for claims Covered claims include EPLI covers the following costs xii

5 What are the sources of employment practices liability? II. Employment Practices Liability: EEOC and Legal Trends EPLI Legal Trends Update The Government Future Trends to Watch EEOC Charge Patterns Unemployment Rate vs. EEOC Charges for Employment Practices Liability Trends Monetary Benefit Obtained for EEOC Charges Workforce Trend Issues EPLI Claim Trends Settle/Verdicts Above $15 Million Marketplace Trends: EPL Legal EPL Claims Trends Impact of Legislative & Regulatory Developments Impact of Change in Administration Class Action Trending Novartis Verdict Wal-Mart Case Chapter Six: Getting Claims Paid: Considerations to Assist Maximizing Recovery and Minimizing Delay Michael Conley, Esquire I. Pre-Loss Steps A. Think Insurance B. Assemble Your Team C. Avoiding Pitfalls in the Application Process D. Use Renewal to Your Advantage II. Post-Loss/Claim Steps A. Notice Provisions: Averting Unnecessary Disaster B. Effectively Communicating with Your Insurance Company C. Insurance Company Delay Tactics D. Right to Independent Counsel E. Selection of Defense Counsel in First-Party Claims F. Negotiating the Claim III. Litigation Considerations A. When Negotiations Fail B. Considerations in Claims Settlement Chapter Seven: Top Ten (Really Eleven) Insurance Tips for Practicing Attorneys John N. Ellison, Esquire Top Ten (Really Eleven) Insurance Tips for Corporate Counsel Insurance is an Asset that May Not Decrease in Value Know Where All Policies are Now, and Maintain Insurance Policies Either Digitally or Under a Document Retention Policy xiii

6 Review New Policies as Soon as They Arrive Knowledge of Insurance Should Be as Broad as Possible Talk and Use Insurance as a Team that Works Together Consider Insurance Coverage after Every Loss Provide Notice of Every Loss, or Potential Loss, as Soon as Possible Do Not Accept Blindly that Policies Do Not Respond Because that Is the Way It Is Look for Insurance Protection Everywhere You Can, Including Other People s Insurance Policies Do Not Be Bashful about Challenging an Insurance Company s Position Do Not Give Your Insurance Company an Easy Out; Be as Cooperative as You Can Conclusion Appendices: Supplemental Information Appendix 1: National Union s Declarations Appendix 2: General Terms and Conditions Appendix 3: Fiduciary Liability Insurance Appendix 4: Directors, Officers and Private Company Liability Insurance Appendix 5: Employment Practices Liability Insurance Appendix 6: CyberEdge xiv