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The Fidelity Law Association 30th Annual Conference

About this event




Conference Program


Co-Chairs

SARAH CLEVES, ABA Insurance Services, Inc.
MICHAEL GRAZIANO, Eckert Seamans

7:30 a.m. – 8:45 a.m.

REGISTRATION AND CONTINENTAL BREAKFAST


8:45 a.m. – 9:00 a.m.

WELCOME

Lisa Block, President, The Fidelity Law Association
Old Republic Professional

9:00 a.m. – 10:00 a.m.

Fidelity Insurance: Past, Present, and Prescient

As the Fidelity Law Association celebrates its thirtieth anniversary, the presenters take this opportunity to reflect on the past thirty years of fidelity insurance and make predictions for the future of the industry.

Sarah Reidl Clark (Moderator), Kaufman Dolowich
Dolores Parr (Panelist), SDC CPAs
Ayanna Mishoe-Brooker (Panelist), Liberty Mutual Insurance Company
Jessica Cafarelli (Panelist), AIG Insurance
Tracey Santor (Panelist), Travelers
Brian O’Neill (Panelist), AXA XL

10:00 a.m. – 10:45 a.m.

Claims Involving Checks: Key Concepts and Coverage Issues Relevant to a Reemerging Threat

Check fraud – historically, a quintessential basis for many fidelity claims–has reemerged after a years-long lull and caused billions of dollars in damages in 2023. This presentation will provide a broad and useful discussion of key concepts, coverage issues, and caselaw, including: (a) the assessment of an insured’s liability under the Uniform Commercial Code, (b) typical coverage issues that arise across a number of different insuring agreements – specifically with respect to claims involving checks, and (c) key exclusions that may apply to such claims.

Scott Lichtenstein , Chiesa Shahinian & Giantomasi
Tracey A. Archbold, Great American Insurance Company

10:45 a.m. – 11:00 a.m.

MORNING BREAK


11:00 a.m. – 12:00 p.m.

KEYNOTE SPEAKER: The Cyber-Crime Threat Landscape and Emerging Technologies

This keynote will address the current sophisticated cyber-crime threat landscape based on real-life case studies and statistics, highlighting the importance of implementing robust security measures. A look into the incident response process shows how collaborating with law enforcement can mitigate damages, enhance recovery, and mitigate the effects of a growing trend of third-party legal action stemming from data security incidents. Finally, the transformative impact of emerging technologies, such as AI and “deepfakes,” will be discussed, looking at positive impacts such as leveraging AI to enhance security measures, detect threats, and protect sensitive information, as well as the more negative impacts.

Jennifer A. Coughlin, Mullen Coughlin, LLC

12:00 p..m. – 1:45 p.m.

LUNCH BREAK (ON YOUR OWN)


1:45 p.m. – 2:30 p.m.

 

Bridging an Insurance Gap: Why Commercial Crime Policies Are Not a Substitute for Cyber Insurance

The continued evolution of ransomware has radically transformed the landscape of the insurance market. As losses from ransomware attacks surged, cyber insurance carriers tried to limit exposure by increasing premiums and narrowing coverage causing insureds to seek out alternative coverage. Faced with increased premiums and limitations under cyber policies, insureds may submit ransomware-related claims under their crime policies. This presentation explores and discusses how cybercriminals deploy ransomware, the inherent differences between ransomware and computer fraud or social engineering, and why ransomware may ultimately be uninsurable.

Iga Todd, Gordon Rees Scully Mansukhani
Angela Sullivan, Gordon Rees Scully Mansukhani
Abigail M. Boylan, Travelers

2:30 p.m. – 3:15 p.m.

Contractual and Evidentiary Requirements to Demonstrate Coverage

This presentation will address policy provisions and legal principles applicable to the presentation of a claim and the insured’s burden of demonstrating coverage. The presenters will discuss burdens of proof, relevant evidentiary rules, the spoliation of evidence, and relevant policy provisions, such as the inventory shortages exclusion and the insured’s obligations to keep and produce pertinent records and to cooperate with claim investigations.

Joel Wiegert, Hinshaw & Culbertson
Theresa Gooley, Travelers

3:15 p.m. – 3:30 p.m.

AFTERNOON BREAK


3:30 p.m. – 4:15 p.m.

 

Effecting Recovery and Subrogation in Specialized Situations

This presentation will address several challenging issues that can arise when insurers pursue recovery and subrogation in specialized situations, including the ability of a “victim” to collect pension funds from the wrongdoer pursuant to the Mandatory Victims Restitution Act of 1996, bankruptcy considerations in subrogation actions, procedural issues that may affect an insurer’s pursuit of its subrogation rights, and protecting and utilizing subrogation rights.

Ashley Belleau, Lugenbuhl, Peck, Rankin & Hubbard
Melissa Schwartz, Nationwide
Jessy Yang, Starr Insurance

4:15 p.m. – 5:00 p.m.

 

Fidelity Law Update

This presentation is a survey of noteworthy fidelity cases decided between June 1, 2023, and June 1, 2024. The cases discussed are split relatively evenly between favoring insurers and insureds. The presenters hope these cases will provide an overview for fidelity professionals of the most notable decisions during the past year.

Sean Deer, Clark Hill
Alison Kowal, RLI Insurance

5:00 p.m. – 5:05 p.m.

Celebratory Send-Off

Michael Graziano, Eckert Seamans
Sarah Cleves, ABA Insurance Services, Inc.

5:05 p.m. – 5:10 p.m.

Closing Remarks

Lisa Block, President, The Fidelity Law Association
Old Republic Professional

5:30 p.m. – 6:30 p.m.

Joint Reception — FLA & FSLC

All registrants for the FLA and/or FSLC conferences are invited.


FACULTY


TRACEY A. ARCHBOLD is Senior Claims Director of the Fidelity/Crime Division at Great American Insurance Company, where she focuses on Crime, Financial Institution Bond, Armored Car, Casino and Fine Art claims. Tracey has over 26 years of Fidelity/Crime claim handling experience, having spent the last 20 years at Great American.During her career, Tracey has lectured on various Fidelity issues at seminars held by the Fidelity Law Association, the American Bar Association Fidelity & Surety Law Committee, and the Northeast Fidelity & Surety Claims Conference. Prior to joining the fidelity crime industry, Tracey handled general liability, products liability, and auto liability claims. Tracey graduated from Fairleigh Dickinson University with a B.S. in Marketing.


ASHLEY L. BELLEAU is a shareholder in the New Orleans office of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard. She has more than 30 years of experience as a commercial litigator and alternative dispute neutral, and handles insurance disputes under numerous types of policies, including fidelity, professional liability, and general liability policies. Ashley has been recognized on numerous award lists, including 2024 Louisiana Super Lawyer, Best Lawyers in America© and a Recognized Practitioner by Chambers and Partners USA in its Commercial Litigation category. She currently serves as the President of the Foundation of the Federal Bar Association, and a Vice-Chair of the ABA's Fidelity and Surety Law Committee and is a past National President of the Federal Bar Association and immediate past President of the American Counsel Association.  Ashley graduated with honors from Newcomb College of Tulane University with a B.A. in American Studies.  She earned her Juris Doctor from Tulane University School of Law.


ABIGAIL M. BOYLAN is Claims Counsel, Bond & Specialty Insurance, with Travelers in Philadelphia, Pennsylvania. Prior to joining Travelers, Abigail worked in private practice where she focused on corporate and business litigation and insurance defense. She is a graduate of Duquesne University (B.A.) and the Thomas R. Kline School of Law of Duquesne University (J.D.).


JESSICA CAFARELLI is Head of First Party Products at AIG. Prior to that, she served as the Financial Institution Fidelity Product Manager.  She has over 10 years of experience with crime and fidelity products. She graduated from the University at Albany with a Bachelor of Arts in English.


SARAH RIEDL CLARK is a partner at Kaufman Dolowich LLP. Sarah serves insurance clients in all aspects of fidelity and crime coverage from first notice of loss through trial and appeal. She represents insurers in courts throughout the country. She lives in the Logan Square neighborhood of Chicago with her husband, daughter, and rescue pit bull. Sarah earned her Juris Doctor from Wake Forest University School of Law and her Bachelor of Arts in English from the University of Illinois at Urbana-Champaign.


JENNIFER A. COUGHLIN is a founding partner of Mullen Coughlin. She focuses her practice solely on providing organizations of all sizes and from every industry sector in first-party breach response and third-party privacy defense legal services. Jennifer has counseled hundreds of clients in investigating and responding to an event compromising information and systems security, working closely with client resources, third-party forensic consulting experts, and law enforcement to identify the nature and scope of a compromise. Jennifer relies on her knowledge of state, federal, and international laws, as well as industry-specific guidances and standards to assist organizations in identifying and complying with legal obligations to disclose the incident to certain audiences and provide certain services to impacted populations. She has represented numerous organizations, including healthcare centers, healthcare treatment providers, financial institutions, hospitality providers, online and brick-and-mortar retailers, hotels, and other professional services providers in inquiries by regulators, including state attorneys general, state insurance departments, state health departments, the Federal Trade Commission, the U.S. Department of Health and Human Services, and the Office for Civil Rights. Jennifer also provides regulatory compliance services and incident response planning services to organizations and assists clients in policy/procedure preparation, incident response planning, tabletop exercises, and staff training, custom-tailored by the organization’s data privacy risks and applicable industry-specific laws. Jennifer is a graduate of Cabrini College (B.A. 2002) and Widener University School of Law (J.D. 2005).


SEAN DEER is an associate with Clark Hill PLC in the Dallas, Texas office. He graduated from the College of William and Mary, Williamsburg, Virginia (B.B.A. 2016) and the Vanderbilt University Law School, Nashville, Tennessee (J.D. 2019).


THERESA A. GOOLEY is Assistant Vice President & Counsel, Bond & Specialty Insurance, with Travelers in St. Paul, Minnesota. Theresa is a graduate of the University of Minnesota (B.S.) and Drake University Law School (J.D.).


ALISON E KOWALL is a Technical Claim Manager with RLI Insurance Company in Chicago, Illinois. She is a graduate of Marquette University (B.A. 2001) and the University Illinois College of Law (J.D. 2004).


SCOTT W. LICHTENSTEIN is Counsel at the Roseland, New Jersey. and New York, New York, law firm of Chiesa Shahinian & Giantomasi PC, where he focuses primarily on fidelity and surety litigation. Scott received his B.A. in 2006 from Rutgers College. He received his Juris Doctor from Rutgers School of Law-Newark in 2009.


AYANNA MISHOE-BROOKER is Claims Officer, Management Liability for Liberty Mutual Insurance Company in New York. Ayanna is responsible for a variety of claims, including Commercial Crime, FI Bond, Not for Profit Directors and officers, Private Directors and Officers, and Employment Practices Liability.  She is a graduate of Embry-Riddle Aeronautical University and Seton Hall University School of Law.


BRIAN O’NEILL is currently the Head of Crime and Crisis Management at AXA XL. Prior to joining AXA, he was the Head of Fidelity and Crime at Berkshire Hathaway Specialty Insurance and before that he was an Executive Vice President and Senior Fidelity Officer for American International Group. Brian is also a past Chairman of the Underwriting Committee for the Surety and Fidelity Association of America and a graduate of Iona University with a Bachelor of Business Administration in Finance.


DOLORES PARR has over forty-four years’ experience handling claims under Financial Institution Bonds, Commercial Crime Policies, Directors and Officers Liability and other business risk policies and performance and payment bonds. She retired in 2022 from Zurich American Insurance Company where for the past seventeen years she managed the team that handled all fidelity and crime claims for Zurich. She currently is working for SDC CPAs, LLC. Dolores is a past vice-chair on the TIPS Fidelity and Surety Law committee and past secretary and vice president of the Fidelity Law Association.  She has been a frequent speaker at the Fidelity and Surety Law Committee Annual Mid-Winter Meetings, the Fidelity Law Association annual meetings and the FSLC fall programs. She also contributed to the Annotated Financial Institution Bond and the chapter on Subrogation in the most recent edition of Appleman’s on Insurance.  A member of the Maryland Bar since 1977, Dolores is a graduate of Towson University (B.A. magna cum laude 1974), the University of Baltimore Law School (J.D. 1977), and Johns Hopkins University (M.L.A. 2005), and earned an Associate in Fidelity and Surety Bonding from the Insurance Institute of America.


TRACEY SANTOR is an Assistant Vice President for Travelers Bond & Specialty Insurance, Financial Institution Department. She is the product manager for all Financial Institution bonds as well as Travelers’ Kidnap and Ransom and ID Fraud products for all business units. She is a past Chairman of the SFAA Fidelity Claims advisory board, a past Director on the Surety Claims Institute board, and a past president of the Fidelity Law Association. She has also served as the fidelity chair for the Torts and Insurance Practices Section of the American Bar Association. Tracey is the past Chairman of the Fidelity Advisory Committee for the Surety & Fidelity Association of America. Tracey is an honors graduate from North Texas State University with a degree in English. She earned her Chartered Property Casualty Underwriting designation, her Associate in Fidelity and Surety Bonds in 1996, and her Associate In Claims in 1990.


MELISSA SCHWARTZ is a Senior Consultant, Crime & Fidelity with Nationwide. She has more than 28 years of underwriting and management experience in Financial Institution Bonds, Commercial Crime, Public and Private Directors and Officers Liability, Employment Practices Liability and Securities Broker Dealer Errors and Omissions. Melissa has participated extensively on industry issues around fidelity and crime insurance at working sessions and conferences with PLUS, The Fidelity Law Association and Surety and Fidelity Association of America and ISO. Melissa has been featured as a subject matter expert in many industry publications including Business Insurance Magazine, Risk & Insurance and PC360. In 2021, she passed the Certified Fraud Examiners exam, through the Association of Certified Fraud Examiners. She graduated from the University of Hartford with a Bachelor of Arts in Psychology.


ANGELA SULLIVAN is Senior Counsel at Gordon Rees Scully Mansukhani, LLP in Chicago, Illinois.  She represents insurers across the country in complex litigation arising under fidelity and financial institution bonds, commercial crime policies, and cyber security policies.  She regularly counsels insurers on coverage analysis involving employee theft and dishonesty, computer fraud, social engineering, and cybercrime. Angela is a graduate of DePaul University (B.S. cum laude 2015) and The University of Illinois Chicago (John Marshall) School of Law (J.D. magna cum laude 2018).


IGA TODD is a Partner at Gordon Rees Scully Mansukhani, LLP in Chicago, Illinois. She represents domestic and international insurers in complex coverage disputes arising under fidelity and financial institution bonds, commercial crime policies, cyber security policies, and professional liability policies.  She frequently counsels insurers on coverage issues relating to social engineering fraud, computer fraud, cybercrime, loan losses, data breaches, and employee theft schemes.  She also represents organizations in cyber security & data privacy litigation. Iga earned her Juris Doctorate degree from the University of Wisconsin Law School and her Bachelor of Science degree in Psychology from the University of Illinois at Urbana-Champaign.


JOEL T. WIEGERT is a Partner with Hinshaw & Culbertson LLP in Minneapolis, Minnesota. Joel is a graduate of Concordia College (B.A. 1997) and Drake University School of Law (J.D. with high honors 2000).


JESSY YANG is a Claims Manager with the Financial Lines Claims Group at Starr Companies and specializes in managing claims involving Commercial Crime & Fidelity Bond lines of coverage. Based in Los Angeles, Jessy also is responsible for handling claims under Directors & Officers Liability, Private Equity/Investment Advisory, and other Management Liability policies issued to public and private companies. Jessy has been with Starr working in claim governance for over 6 years. Prior to joining Starr, Jessy worked as a Risk Analyst at a Financial Institution where she was responsible for investigating and overseeing money laundering activities. Jessy is a member of PLUS and the Fidelity Law Association and Surety and Fidelity Association. Jessy graduated from the University of California, Riverside, with a Bachelor of Arts in Psychology


REGISTRATION FEES

This year the FLA will waive the conference registration fee for an insurance company employee attending the FLA Annual Conference for the first time. If you believe you are eligible for this waiver, please complete waiver request application (click here to get the form). We will review your request and, if you qualify, will send you a discount code by return email to use at registration. The code will allow you to register without paying the conference registration fee.

Registration fees include attendance at the September 25, 2024, Annual Conference, a copy of the Fidelity Law Journal Volume XXX, and attendance at the joint reception with attendees of the ABA FSLC meeting, which will be held after the FLA Conference.

All registrations must be made online and paid by credit/debit card. Registrations may be cancelled by completing this Cancellation/Substitute Request Form before September 12, 2024. After September 12, 2024, you may send a substitute or you will receive the course materials, including a printed copy of the Fidelity Law Journal Vol. XXX.

Registration fees are waived for insurance company employees who have not attended any prior conferences held by the Fidelity Law Association  Fill out this form and you will receive a discount code by return email which will entitle you to register without paying the fee.

On-site registrants must register online at the conference and pay the registration fee by credit or debit card.


HOTEL RESERVATIONS

Hotel reservations can be made with the Philadelphia Marriott Downtown by calling the hotel at (215) 625-2900 and mentioning the Block Code, “ABA Tort Trial & Insurance Practice Section FSLC and FLA Fall Meeting” or online at the Marriott website.

A limited number of rooms have been blocked for Tuesday, September 24, through Friday, September 27, 2024. The negotiated hotel room rate is $275.00 per night plus tax and fees The room block will be held until September 3, 2024, or until exhausted. After that date, reservations will be confirmed based on availability.

Hotel check-in is 4:00 p.m. and check-out is 11:00 a.m. All reservations must be guaranteed by credit card. Individuals with guaranteed reservations must cancel their reservations no later than 72 hours before the scheduled day of arrival to avoid a one-night cancellation charge.


PERSONS WITH DISABILITIES

If you require special arrangements, please call the Philadelphia Marriott Downtown at (215) 625-2900. Reasonable advance notice is requested.


Date and Time

Wednesday, September 25, 2024, 7:30 AM until 5:10 PM Eastern Time (US & Canada) (UTC-05:00)

Location

Marriott Downtown Philadelphia
Philadelphia Marriott Downtown
1201 Market Street Guest Entrance: 1200 Filbert St
Philadelphia, PA  19107
USA
(215) 625-2900

Event Contact(s)

Robert Briganti
9088748676 (p)

Category

Conferences

Registration Info

Registration is required before Wednesday, September 25, 2024 at 5:10 PM
Payment In Full In Advance Only
Cancellation Policy:
Cancellation and a registration fee refund may be requested if made by September 12, 2024. Please complete the cancellation request form. Registrants who notify the FLA after September 12, 2024, that they are unable to attend may send a substitute or receive course materials via USPS after the conference in lieu of a refund. Registrations made after September 12, 2024, are not refundable.