Throughout the current financial crisis, subprime lending has been the focus of a great deal of attention - and the source of a new wave of litigation.
For those facing claims or lawsuits related to subprime loans and mortgages, insurance policies may be an important resource. In this Webinar, litigators with extensive insurance expertise examine subprime lending litigation with an emphasis on the types of insurance that may apply, the coverage disputes likely to arise, and the legal issues involved.
Topics covered include:
- potential avenues of insurance recovery for those facing claims related to subprime lending
- legal issues for policyholders and insurers in coverage disputes involving D&O, Fiduciary Liability and E&O policies
- terms, conditions and exclusions of these policies
- issues raised by credit risk insurance as businesses find themselves dealing with financially distressed vendors
The Webinar is ideal for insurance practitioners, in-house attorneys and other insurance professionals seeking a deeper understanding of the intersection between insurance and credit in today's economic climate.
Panelists
Robert E. Frankel
Robert E. Frankel is currently Director and Senior Corporate Counsel at DISH Network L.L.C., where, among other things, he manages all of the Company's insured litigation and handles a variety of other insurance coverage litigation, counseling, and advice. Prior to joining DISH Network, Mr. Frankel was a Shareholder at Anderson Kill & Olick, P.C., a firm that specializes in insurance coverage litigation solely representing policyholders. At Anderson Kill, Mr. Frankel developed a significant and varied insurance coverage practice over his nearly 13-year career there, including a sub-specialty in insurance coverage for real estate-related entities. Mr. Frankel has written in excess of 35 articles and spoken at a large number of events on topics within his area of expertise, and is the author of Insuring Real Property Businesses, a treatise sold through Incisive Media.
Brian J. Osias
Brian J. Osias is a Partner in McCarter & English, LLP's Insurance Coverage and Complex Commercial Litigation Group. Mr. Osias' litigation practice deals with a wide variety of insurance coverage claims, including asbestos-related bodily injury, other product liability claims, environmental property damage, advertising injury, errors and omissions, employment practices liability, directors' and officers' liability, fiduciary liability, construction defects, and construction-related bodily injury. Mr. Osias has handled all phases of litigation, up to and including trial. He regularly appears before state and federal courts in New Jersey and New York. He also evaluates insurance policies and programs and advises corporate clients regarding the scope of their existing coverage. A frequent author, Mr. Osias has written, among other things, on the intersection of the subprime crisis and insurance issues.
Dianne C. Bresee
Dianne C. Bresee is a Partner at O'Connor, O'Connor, Bresee & First, P.C. Her practice focuses on the defense of insurance coverage, environmental and toxic tort claims. She is admitted to practice in the State of New York, the Second Circuit Court of Appeals and the United States District Courts for the Northern, Eastern and Western Districts of New York. Ms. Bresee is AV rated by Martindale-Hubbell and has been recognized as on of the top twenty insurance coverage lawyers in upstate New York by the SuperLawyers consumer guide. Ms. Bresee regularly represents insurers in environmental, professional liability and general insurance coverage litigation. She also defends insurers and their insureds in environmental and toxic tort claims. For nearly 30 years, she has defended cost recovery and enforcement actions for petroleum spills under New York State's Navigation Law. She has served as appellate counsel in state and federal courts in numerous cases involving environmental and other insurance coverage issues. She also practices in the area of equine law. Ms. Bresee frequently lectures for the New York State Bar Association and other professional organizations on developments in New York Civil Practice, Appellate Practice and Insurance Law. An appointed member of New York Supreme Court's Committee on Character and Fitness, Ms. Bresee is also a member of the New York State Bar Association. She is also a member of the Defense Research Institute and is an elected member of the Federation of Defense and Corporate Counsel.
Agenda
I. Introduction: Roots of the Credit Crisis
II. The Underlying Claims Being Filed and the Parties Involved
III. Brief Overview of Types of Policies that May Be Implicated
IV. Claims Made vs. Occurrence Coverage & Notice
V. D&O/Fiduciary Coverage and Likely Issues
VI. E&O Coverage and Likely Issues
VII. Credit Risk Insurance
VIII. Questions and Concluding Remarks
IX. Questions and Answers
