Risk Management 2020: Hot Topics and Cool Solutions

Risk Management 2020:
Hot Topics and Cool Solutions

 – CANCELLED – Pillinger Miller Tarallo and St. John’s Tobin Center for Executive Education, its Maurice R. Greenberg School of Risk Management, Insurance and Actuarial Science (GSRM) proudly present our inaugural conference: Risk Management 2020: Hot Topics and Cool Solutions. In today’s complex business environment, the number one issue facing insurance and claims executives is effective and efficient strategic risk management – an issue affecting whole industries as well as individual companies. Our panel participants – comprised of highly-experienced attorneys, senior claims executives and GSRM professors – will offer incisive insights on topics ranging from additional insured status to indemnification to risk transfer and will and cover the tools that can be used to successfully acknowledge, manage and reduce risk for both insureds and self-insureds alike. The conference will be held at:St. John’s University101 Astor Place, NY NY 10003March 26, 2020 from 1 pm to 5 pm CLICK HERE TO REGISTER Agenda 1:30 p.m.OPENING REMARKSThomas M. Bona, Partner – Pillinger Miller Tarallo, LLP 1:45 p.m. – 2:45 p.m.Session One: Protect Yourself – The Keys to Risk Transfer? Indemnification Agreements and Their Limitations Owner Controlled Insurance Programs/ Contractor Controlled Insurance Programs/ Reinsurance Contractual Indemnification Agreements Additional Insured Coverage versus Contractual Indemnity Recovery Session One Panelists: Moderator:Marc Pillinger, Executive Partner – Pillinger Miller Tarallo, LLP Jeff Miller, Executive Partner – Pillinger Miller Tarallo, LLPNeil Sambursky, Partner – Pillinger Miller Tarallo, LLPChris Phillips, Senior Vice President – Old Republic Contractors Insurance GroupWilson Townsend, Vice President, Director – RiverStone TPA ServicesGerard Kelly, Adjunct Professor – Maurice R. Greenberg School of Risk Management 2:45 p.m.  BREAK 3:00 p.m. – 4:00 p.m.Session Two: You Have a...
Case by Case: Are Social Security Numbers Discoverable?

Case by Case: Are Social Security Numbers Discoverable?

A Social Security Number is discoverable in a personal injury case because it is reasonably calculated to lead to admissible evidence. Claims of privacy and concerns for identity theft will not bar discovery of a Social Security Number. Zbigniewiwcz v. Sebzda, 58 Misc 3d 1217(A), 94 NYS3d 541 (Erie County 2018). However, the request should properly be in the form of a discovery demand, preferably attached to a demand for authorizations, and not in a Bill of Particulars. The Courts have held that a demand for a Social Security Number in a Bill of Particulars is improper as it does not serve to amplify the pleadings and, instead, it is evidentiary in nature and, thus, more properly made in a discovery demand.  In Kupferberg v. State, 97 Misc. 2d 519 (Ct Cl 1978) the Court stated that the decedent’s Social Security Number was “not material to any element of the causes of action alleged, and would not serve to amplify any aspect of the pleadings. The primary usefulness of the decedent’s Social Security Number is as a tool for acquiring evidence. Since evidence itself is not the proper subject of a Bill of Particulars, a mere device for its acquisition is a fortiori inappropriately requested. Item 17 is therefore stricken.” That being said, it is clear that a claim of privacy cannot bar the discovery of Social Security Numbers in personal injury cases where defendants are able to show that they are necessary or indispensable for defendant to obtain relevant records such as medical records, perform prior claim searches, determine liens, etc.  Zbigniewiwcz v. Sebzda, 58 Misc 3d 1217(A), 94...
PMT Winning in Court: Battle Tough and Trial Ready (Dec 2019)

PMT Winning in Court: Battle Tough and Trial Ready (Dec 2019)

In our world of insurance work,  we are all aware that above 90% of cases settle before trial.  Indeed, some estimate that the number of cases that settle before trial could be greater than 95%.  The reasons for this are simple and obvious:  parties to a lawsuit, especially where insurance is involved, want to avoid the unknown and sometimes shocking verdicts that juries can render.  And yet we all know that sometimes a case just cannot be settled and must be tried.  Insurance companies, self-insureds and the clients all want to know if you have the experience to take a tough case to a jury verdict.  At PMT, our highly experienced team of trial attorneys is prepared to do just that because our PMT trial team is battle tough and trial-ready. This month we share 2 recent defense verdicts that Emeka Nwokoro received in back to back trials in Brooklyn and Orange County. View Emeka Nwokoro’s bio Jury Verdict on the Issue of Liability Court: Supreme Court, Orange County Judge: The Honorable Craig Stephen Brown Type of Case: Slip and Fall/Premises Liability Caption: Joseph R. Turano and Regina Turano v. Sutton Hill II, LLC, Value Realty, Inc., and Mead Sealcoating & Parking Lot Maintenance, Inc. Index No.: EF003199/2018 Verdict Date: November 6, 2019 Plaintiff Joseph Turano, a 75 year old retired bus driver who lives with his wife Regina Turano in Middletown, New York, alleged that on March 8, 2018, at approximately 7:45 a.m., at the parking lot in front of the residential apartment complex where he lives, while he was clearing snow from his car, he slipped and...
Case by Case: Auto Policy Held Primary in Construction Accident

Case by Case: Auto Policy Held Primary in Construction Accident

First Mercury Insurance Co. v State Farm Mutual Auto Ins. Co., 2019 NYSlipOp 51773 (Supreme Court, New York County) (Lebovitz, j) (10/29/2019) In this declaratory judgment action arising out of an injury to a construction worker who was unloading pallets of cement from a flatbed truck, his employer’s GL carrier sought an order declaring that his employer’s auto carrier had the primary duty to defend and indemnify the owner, GC and subcontractor on the job. The Court concluded that the auto insurer, State Farm, had a duty to defend and indemnify all parties, except for the breach of contract claim against the employer. DaSilva, a construction worker employed by subcontractor Europa Construction, was injured while he was standing on the flatbed of a truck attempting to unload pallets of cement; he tripped on a pallet and then slipped on cement mixed with stones that had accumulated on the floor of the truck. Europa was insured, under different policies, by plaintiff First Mercury Insurance Company and by defendant State Farm Mutual Automobile Insurance Company. DaSilva, sued the property owner and general contractor, who in turn brought third-party complaints against Europa. First Mercury then brought this DJ against State Farm, seeking a judgment that State Farm owes the primary duty to defend and indemnify Europa, the property owner and the general contractor in the underlying personal-injury action. First Mercury also sought reimbursement of the attorney fees and costs that it expended defending the underlying action. First Mercury then moved for an order declaring that State Farm must: (i) defend and indemnify Europa against the third-party claims brought against it by El-Ad and New...

A GOOD WIN

First Department Unanimously Affirmed Trial Court Decision Granting PMT’s Summary Judgment PMT was defending the plaintiff’s employer.  The Plaintiff fell 20 feet off a catwalk.  The way the indemnification clause was written, if there was a finding of even 1% negligence against the employer, the employer would have been required to indemnify the building owner. Since it was unanimously affirmed,  there was no option to go to the Court of Appeals. The Court held no negligence by the plaintiff’s...