9th Annual Arbitrator Roundtable Was A Great Success!
The Massachusetts Insurance & Reinsurance Bar Association's ("MIReBA") 9th Annual "Arbitrator Roundtable" took place on Wednesday, September 25, 2019, from 12:30pm to 2:00pm, at the law offices of Day Pitney, located at One International Place in Boston.
Attendees participated in a great discussion lead by the noted arbitrators Elaine Caprio and Susan Mack on this year’s topic: “Can arbitrators go beyond what is presented to the panel by the parties – and what happens if they do?”
MIReBA's 2019 Spring Forum, that took place on June 13, 2019, at the Back Bay Harvard Club had a great turn out. The Foum focused on the American Law Institute’s (“ALI”) “Restatement, Law of Liability Insurance” (“Restatement”) that was approved by the ALI members in May 2018. The Restatement’s approval had enormous implications for claims professionals and attorneys in every jurisdiction in the United States.
At the Forum, MIReBA presented a panel of outstanding experts that discussed the mainly problems that the Restatement has created for the industry, including:
New policyholder “rights” created by the Restatement;
New obligations of insurers in handling claims;
New causes of action for extra-contractual damages that could supplant or augment existing statutes;
A new concept of the "plain meaning" rule; and
Other fundamental changes in the rules for interpreting and applying insurance policies.
The panelists Melissa Fernandez, Joanne Locke, and Kim Marrkand, along with the moderator John Harding provided a practical guide to the many challenges presented by the Restatement. Ms. Fernandez is a Senior Counsel Claim Legal at Travelers, based in Stamford, Connecticut. Joanne Locke is Vice President of Liberty Mutual Insurance Company and manages its Home Office Legal Coverage Unit in Boston. Kim Marrkand, a member of Mintz Levin, is the founder and Chair of the firm’s Insurance Practice. John T. Harding is a partner in the Boston office of Lewis Brisbois Bisgaard & Smith LLP, where he practices in the firm’s Insurance and Bad Faith Group.
Back row (l. to r.): Jessica Park; Jonathan Zelig; Michele Detherage; and Michael Mullins.
Front row (l. to r.): Melissa Fernandez; Joanne Locke; an Kim Maarkand.