SESSIONS BY LEARNING TRACK
Fundamental E&O and Effective Strategies
Speaker(s): Robert Powers/James Scamby
The course will begin with a review of general legal principles governing agent/broker liability. The concept of "special circumstances" will be explained, and the factors considered by courts as bearing on the scope of an agent's legal duties will be identified. A case law discussion will cover the potential liability arising from the application process, agency responsibility for the adequacy of a client's insurance coverage, and the possibility of liability where an agency involves itself in the claims process. Liability concerns arising from the increasing use of electronic signatures will be identified. The course will include advice about how to respond to a G. L. c. 93A demand letter, as well as to complaints filed with the Department of Insurance Division of Consumer Affairs. The anatomy of an E&O lawsuit will be explored, including an agency's discovery obligations, the concept of a litigation hold, the use of electronic discovery and the concept of spoliation of evidence. The importance of agency policy and procedures will be reviewed, and how these can help prepare deposition or trial testimony. The course will conclude with a question and answer period, and an opportunity to discuss issues of concern.
Robert Powers of Melick & Porter, LLP is a 1981 graduate of Boston College. He received his law degree from The Catholic University Law School in 1984. For thirty-four years, he has maintained a trial and appellate practice at the Boston law firm of Melick & Porter, LLP, where he is currently the Managing Partner. Bob has been involved in the defense of claims against insurance agents and brokers since the start of his career, both at the trial court level and before the Massachusetts Appeals Court and Supreme Judicial Court. Bob's practice has earned him Martindale Hubbell's highest AV Peer Review Rating. Massachusetts Lawyers Weekly named Bob as a 2012 “Lawyer of the Year” for his work on the Supreme Judicial Court social host liability decision, Juliano v. Simpson. He has been selected by his peers for inclusion in The Best Lawyers in America© 2018 in the field of Insurance Law. He is a Fellow of the Litigation Counsel of America, a member of the Massachusetts and Boston Bar Associations, and of the Defense Research Institute, a national association of defense lawyers.
Jim is a Senior Partner at the Boston firm of Melick & Porter, LLP. In his twenty-four years of practice, Jim has represented hundreds of insurance agents and brokers in errors and omissions cases in both state and federal court. He has tried numerous jury cases in state and federal courts, and has appeared before the Massachusetts Appeals Court, Supreme Judicial Court, and First Circuit Court of Appeals. He is a frequent speaker at “The Big Event.” Jim continues to focus his practice on the defense of professional liability claims and insurance coverage matters.
SPEAKER(s) ALSO PRESENTING:
Utica National Insurance Group