Eighth Annual Symposium - The New Frontier
2016 Symposium Materials - Part 1
2016 Symposium Materials - Part 2
2016 Symposium Materials - Part 3
2016 Symposium Materials - Part 4
Date: October 13, 2016
Venue: Harvard Club of Boston - Back Bay Clubhouse (374 Commonwealth Avenue, Boston, MA 02215)
Breakfast & Registration: 8:00 a.m. – 8:30 a.m.
Welcome and Keynote Introduction: 8:35 a.m. – 8:45 a.m.
Keynote Address: 8:45 a.m. – 9:15 a.m.
Dr. Megan E. Linkin
Vice President, Global Partnerships
Swiss Re Management (US) Corporation
Dr. Linkin is a natural hazards expert at Swiss Re with extensive expertise in probabilistic hurricane and tornado modeling, forecasting, parametric insurance structuring and catastrophe bond risk analysis. She is also experienced in underwriting both traditional insurance business and alternative risk transfer techniques, such as public-private partnerships, weather derivatives and catastrophe bonds. Her remarks will examine global climate change and the insurance and reinsurance implications of associated shifts in weather patterns.
Peeling the Bermuda Onion: Bermuda Form Policies and Arbitration: 9:15 a.m. – 10:05 a.m.
Following the capacity crisis in the mid-1980s, the Bermuda Form created a new type of coverage with a unique mechanism for resolving disputes. Now that the insurance industry has had 30 years of experience with the form, this panel of experienced practitioners will provide their views on, and experiences with, critical aspects of Bermuda Form arbitration, including a brief history of the Bermuda Form; categories of risks covered by the Bermuda Form; highlights of unique policy provisions; “Hot Topics” in claims and legal issues; challenges in arbitrating claims under the Bermuda Form; and evolution and expansion of Bermuda Form coverage.
Sonia M. Valdes, MedMarc Insurance Company
Rod S. Attride-Stirling, ASW Law Limited, Bermuda
John T. Harding, Lewis Brisbois Bisgaard & Smith LLP (Moderator)
Break 10:05 a.m. – 10:20 a.m.
To Be or Not to Be . . . Neutral 10:20 a.m. – 11:10 a.m.
A panel of three former reinsurance industry executives who are active ARIAS*US certified arbitrators will lead a discussion of the evolution of neutral panels in arbitration, as well as its prospects for future use. The panel will encourage audience participation to explore whether the advent of neutral panels will likely still the criticisms voiced about arbitration today.
Susan E. Grondine-Dauwer, SEG-D Consulting, LLC
Mark S. Gurevitz, MG Re Arbitrator & Mediator Services, LLC
Elaine A. Caprio, Caprio Consulting, LLC (Moderator)
Judicial Review of Arbitration Awards: Takeaways From Deflategate 11:10 a.m. –12:00 p.m.
The much talked about “Deflategate” controversy involving Tom Brady and his collective bargaining agreement with the National Football League put the arbitration process under the microscope and raised interesting questions about the review of arbitration awards by the judiciary. In this lively panel discussion, retired federal judge and current JAMS arbitrator/mediator Hon. Charles B. Swartwood III will share his insights as a former jurist and current arbitrator regarding these issues, and seasoned reinsurance counsel will discuss the reviewability of reinsurance arbitration awards and legal trends in that context. Tom Brady may be missing four games, but do not sit out this fun panel discussion!
Hon. Charles B. Swartwood III (ret.), JAMS
Nicholas C. Cramb, Mintz Levin Cohn Ferris Glovsky and Popeo PC
Michael P. Mullins, Day Pitney LLP
Kristin Suga Heres (Moderator), Zelle LLP
Lunch 12:00 p.m. – 1:00 p.m.
Back to the Future: The Insurance & Reinsurance of Maritime Claims 1:00 p.m. – 1:50 p.m.
Marine risks are the source of some of the oldest concepts in the insurance industry, and to this day are reinsured by the largest contracts in the world. This panel will review the origins of marine insurance, the structure of its reinsurance, and how marine casualty and certain inland transportation risks play out.
Chester Hooper, Holland & Knight LLP
Frank J. Gonynor, Gard (North America), Inc.
Alexander G. Henlin, Lewis Brisbois Bisgaard & Smith LLP (Moderator)
Break 1:50 p.m. – 2:00 p.m.
Interactive Workshop 2:00 p.m. – 3:15 p.m.
Changing climate, a global economy, conflicting dispute resolution provisions and creative vehicles for shifting risk. Where does this leave the parties to a reinsurance contract or any risk-shifting agreement in the event of a dispute over a loss payment? The interactive workshop will weave together some of the concepts covered by the day’s speakers to create and explore hypothetical problems that audience members could find themselves facing in the near future.
William N. Erickson, Robins Kaplan LLP (Principal Coordinator)
Natasha C. Lisman, JAMS (Discussion Facilitator)
A Brave New World: Insuring Emerging Risks 3:15 p.m. – 4:25 p.m.
The panel members will offer insights into several emerging risks, those newly developing or evolving risks whose potential impact and scope are not yet fully acknowledged. The topics will include: examining the risks associated with autonomous “self-driving” vehicles and how to insure such risks; looking into “cybersecurity” liability risks, including the likely exposures for companies and how to underwrite these risks; discussing “block chain” technology and its potential impact on insurance and reinsurance as we know it; and discussing and reviewing new case law developments concerning insurance coverage for products that have created new forms of “public nuisance,” such as the prescription drug abuse epidemic.
Kenneth P. Mortensen, PriceWaterhouseCoopers
Elizabeth C. Sackett, Hermes, Netburn, O’Connor & Spearing, P.C.
Joseph S. Sano, Prince Lobel Tye LLP
Robert A. Whitney, Neighborhood Health Plan (Panelist and Moderator)
Concluding Remarks: 4:25 p.m. – 4:35 p.m.
Cocktail Reception: 4:35p.m. – 6:00 p.m.
Registration is $150 per person for members of MReBA and industry professionals, with a per-company cap of $600. Registration for non-member attorneys is $250 per person. MReBA accepts payment by check or credit card (Visa/MasterCard/American Express).
MReBA will offer a scholarship, discount or otherwise waive the fee for an attorney who wishes to attend the Symposium but for whom the expense of such attendance would pose a significant financial hardship. MReBA's financial aid policy for the Symposium includes fee waivers for unemployed lawyers and fee reductions on a sliding scale for attorneys, including attorneys in public service, based upon annual income. Applicants seeking financial aid, fee discounts or fee waivers for the Symposium should contact Jessica Park at firstname.lastname@example.org.
2016 Symposium Committee
Elaine A. Caprio, Caprio Consulting, LLC
Nicholas C. Cramb, Mintz Levin Cohn Ferris Glovsky and Popeo PC
William N. Erickson, Robins Kaplan LLP
John T. Harding, Lewis Brisbois Bisgaard & Smith LLP
Alexander G. Henlin, Lewis Brisbois Bisgaard & Smith LLP
Kristin Suga Heres, Zelle LLP
Jessica H. Park, Sugarman, Rogers, Barshak & Cohen, P.C.
Robert A. Whitney, Neighborhood Health Plan