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What is on the Horizon – Emerging Liability Issues

What is on the Horizon – Emerging Liability Issues. National Risk Retention Association Annual Meeting Presentation Michael J. Bemi, CPCU, ARM, ARe President & CEO - TNCRRG. What is on the Horizon – Emerging Liability Issues. Opportunities or Pitfalls? Competitive/Marketing Differential

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What is on the Horizon – Emerging Liability Issues

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  1. What is on the Horizon – Emerging Liability Issues National Risk Retention Association Annual Meeting Presentation Michael J. Bemi, CPCU, ARM, ARe President & CEO - TNCRRG

  2. What is on the Horizon – Emerging Liability Issues • Opportunities or Pitfalls? • Competitive/Marketing Differential • good impression • bad impression • Stakeholder Scrutiny • Board of Directors • members/shareholders • regulators • professional service providers I.

  3. What is on the Horizon – Emerging Liability Issues • Asbestos • A. Claim Results • increasing frequency • B. Litigation Target Shift • no longer mining concerns • no longer manufacturers • now contractors/installers • now architects/design engineers • now construction managers • now building owners/managers II.

  4. What is on the Horizon – Emerging Liability Issues • Toxic Mold/Indoor Air Quality (IAQ) • building supplies and materials manufacturers • architects/design engineers • contractors • construction managers • building owners/managers • school boards • other public entity boards III.

  5. What is on the Horizon – Emerging Liability Issues • Terrorism (including bioterrorism) • A. Insurability vs. Risk Control Dynamic • B. Claim Actions • security related • emergency preparedness related • crisis management related • disaster recovery related IV.

  6. What is on the Horizon – Emerging Liability Issues • Enron Fallout • accountant’s/auditor’s professional liability • consultant’s professional liability • lawyer’s professional liability • Director’s & Officer’s coverage V.

  7. What is on the Horizon – Emerging Liability Issues • Sexual Misconduct • A. Impact of Church Allegations/Admissions on Claim Development • B. The Non-Church Landscape • schools/educational programs • social service agencies • athletic programs/clinics • camps • hospitals/nursing homes VI.

  8. What is on the Horizon – Emerging Liability Issues • Intellectual Property Rights • A. Economic Transition – The Nature of “Products” • B. E-Commerce and the World Wide Web • web-site creation/maintenance • “deep-linking” • C. Employee Privacy Issues • e-mail policies VII.

  9. What is on the Horizon – Emerging Liability Issues • Insurance Company E&O • Potential Financial Impacts (Claim Sources) • reinsurance coverage or lack thereof • policy form creation/revision • claim handling exposure • risk control exposure • financial disclosure exposure • B. Strategic Import VIII.

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