2021 Annual Meeting Sessions

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Annual Meeting Sessions

Tuesday, November 9, 2:30–3:30 p.m.
The Current State of Affairs: Being an Employer in New York
Speaker: Monaliza Seepersaud, Associate, Hodgson Russ LLP
It can be tricky to traverse the recent workplace mandates, obstacles and developments that are impacting employers. This session provides an update on the headlining HR topics businesses are facing and will better prepare companies for implementation and what lies ahead. Topics include COVID-19 and the NY Hero Act, vaccine policies and best practices, marijuana and the workplace and hybrid/remote office scenarios.

Tuesday, November 9, 3:30–4:30 p.m.
The Big Picture: Doing Business in New York

Featured Panelists: Greg Biryla, New York State Director, National Federation of Independent Business (NFIB); Tim Dean, Chief Executive Officer, Marshall & Sterling Inc. and President, Professional Insurance Agents of New York (PIANY); Lev Ginsburg, Director of Government Affairs, The Business Council of New York State, Inc.; Tom Stebbins, Executive Director, The Lawsuit Reform Alliance of New York (LRANY); Stephen Zogby, National Director, Big I NY and Executive Vice President, Scalzo, Zogby & Wittig, Inc.
Moderated by: Ellen Melchionni, President, New York Insurance Association
Looking for a better sense of how companies are tackling overarching business issues? If so, don’t miss the business community panel discussion, The Big Picture: Doing Business in New York, at this year’s Annual Meeting. In order to see the big picture, it’s important to consider the economic, political, or societal events happening around us and analyze their potential impact on businesses overall as well as on insurance. We have assembled a seasoned group of professionals from different areas of the business community who will help us to take a step back from focusing on insurance as we also more broadly approach the business climate in New York.

Wednesday, November 10, 10:00–10:45 a.m.
In the Weeds: Legalization of Marijuana in New York
Speaker:
Heather Trela, Director of Operations and Fellow, Rockefeller Institute of Government
New York’s legalization of adult-use marijuana earlier this year raises many questions about the impacts of the new law and how the yet to be released regulations will be rolled out. There is still a great deal of uncertainty given that the federal government has not taken action in relation to marijuana, including with the SAFE Banking Act and the CLAIM Act. Heather Trela of the Rockefeller Institute of Government, a familiar face and Annual Meeting favorite, who is an authority on federalism issues, particularly in relation to marijuana policy, will tackle what’s happening on the federal level as well as delve into the specifics of New York’s law.

 

 

2021 Annual Meeting Speakers

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Security Mutual Insurance Company

Annual Meeting Speakers

Greg Biryla
New York State Director, National Federation of Independent Business (NFIB)

Greg Biryla serves as New York’s Senior State Director for NFIB, the state and nation’s leading small business advocacy association, representing thousands of small, independent businesses across every community in New York. Prior to joining NFIB, Biryla lead Upstate United, a coalition of trade groups and chambers of commerce from across Upstate New York focusing on pro-business policy reform and economic development. Greg and his wife Ashley live in Rochester, NY where she owns and operates her own independent fitness studio and is a proud NFIB member.

 

Tim Dean
Chief Executive Officer, Marshall & Sterling Inc. and President, Professional Insurance Agents of New York (PIANY)

Timothy Dean was elected to his current position as CEO of Marshall & Sterling Enterprises, Inc. in 2020. Prior to this appointment, he served as president of Marshall & Sterling Enterprises from 2009-2020, and vice president and branch manager for both the Poughkeepsie and Wappingers Falls, New York offices of Marshall & Sterling Insurance from 2005-2009. He started with the company in 1985 as an account executive, managing many of Marshall & Sterling’s largest accounts.

A graduate of the University of Michigan with a bachelor’s degree in communications, Dean is both a Certified Insurance Counselor (CIC) and Certified Risk Manager (CRM.) He is an active community volunteer, and currently serves as chair of the Dutchess County Industrial Development Agency, and chair of the Vassar Brothers Medical Center Board of Directors. He also serves as president of the Professional Insurance Agents of NY, as well as a board member for Hudson Valley Pattern for Progress and the Nuvance Insurance Captive. He is also a Charter Member of Hudson Valley Start Up Funds I & II.

Previously, Dean served the community in a number of leadership roles including board chair for the Dutchess County Regional Chamber of Commerce, board chair for the Mid-Hudson Civic Center, chair and board member for the Community Foundations of the Hudson Valley, and board member for United Way of the Dutchess-Orange Region. He was also the 2010 chair of the Dutchess/Ulster Start! Heart Walk for the American Heart Association.

 

Lev Ginsburg
Director of Government Affairs, The Business Council of New York State, Inc.

Lev Ginsburg, Esq., director of government affairs for the Business Council of New York State, is primary lobbyist responsible for health care, unemployment insurance and workers’ compensation issues.  He is a graduate of the University of Buffalo and the Benjamin N. Cardozo School of Law.  Prior to his legal education, Ginsburg served as a staff member for U.S. Senator Arlen Specter, a political campaign coordinator and marketing director.  He was a staff attorney with a national telecommunication company, handling real estate leasing and title issues for mobile communication antennae sites.  More recently, Ginsburg served for seven years as attorney and staff supervisor with the former Governor’s Office of Regulatory Reform (GORR). At GORR, he handled stakeholder outreach and regulatory oversight over many State agencies.  While Ginsburg’s regulatory oversight work covered a broad range of issue areas, he focused on health, labor and environmental regulations.

 

Acting Superintendent Adrienne A. Harris
New York Department of Financial Services

Adrienne A. Harris was nominated to lead the New York State Department of Financial Services (DFS) by Governor Kathy Hochul in August 2021.  Acting Superintendent Harris began her career as an associate at Sullivan & Cromwell LLP in New York City representing a number of U.S. and non-U.S. based corporations in various forms of litigation and regulatory matters, before accepting a position at the United States Department of the Treasury under President Obama.

While at the Treasury Department, Acting Superintendent Harris served as a senior advisor to both Acting Deputy Secretary and Under Secretary for Domestic Finance Mary Miller, and Deputy Secretary Sarah Bloom Raskin. Her work ranged from financial reform efforts to identifying solutions to the student loan crisis, analyzing the nexus between foreign investment and national security, and working to promote financial inclusion and health in communities throughout the country.

Following her time at the Treasury Department, Acting Superintendent Harris joined The White House, where she was appointed as Special Assistant to the President for Economic Policy, as part of the National Economic Council. In this role, Harris managed the financial services portfolio, which included developing and executing strategies for financial reform and the implementation of Dodd-Frank, consumer protections for the American public, cybersecurity and housing finance reform priorities.

After leaving the White House in January 2017, Acting Superintendent Harris went on to serve as general counsel and chief business officer at States Title, Inc. (now DOMA), which provides a more simple and affordable closing experience for homebuyers.  Prior to being nominated, she also served as a professor and as faculty co-director at the Gerald R. Ford School of Public Policy’s Center on Finance, Law and Policy at the University of Michigan, as well as a senior advisor at the Brunswick Group in Washington, D.C.

 

Monaliza Seepersaud
Associate, Hodgson Russ LLP
Monaliza Seepersaud is a member of the firm’s Labor and Employment Practice. She represents management on all aspects of labor and employment law. Prior to joining Hodgson Russ, Seepersaud was an assistant corporation counsel at the New York City Law Department, where she worked on a broad range of employment litigation matters. She has appeared on behalf of numerous New York City agencies in federal and state court and has represented agencies in cases involving the New York State Division of Human Rights and the New York City Commission on Human Rights. Seepersaud has written various articles on the NY Hero Act for Hodgson and Russ and has spoken at multiple labor and employment programs since joining the firm. She holds a B.A. from Hunter College and J.D. from Emory University School of Law.

 

Tom Stebbins
Executive Director, Lawsuit Reform Alliance of New York (LRANY)
Tom Stebbins is the executive director of the Lawsuit Reform Alliance of New York (LRANY), a non-partisan, non-profit organization dedicated to reform of New York’s costly civil justice system.  Prior to joining LRANY in 2011, Stebbins was a project manager for Horizon Wind Energy, where he developed multiple commercial-scale wind farms in New York and the Northeast United States. Prior to joining Horizon, he worked for PBS flagship station WGBH-TV, where he coordinated the national marketing and promotion efforts for programs such as NOVA, Masterpiece Theatre and Antiques Roadshow.

Stebbins has spoken to dozens of organizations across New York—from Buffalo to Brooklyn, from Rotaries to multi-national business conferences. He has been published or quoted in over one hundred publications, including, The New York Times, NY Daily News, the Wall Street Journal and the Economist, and he has been interviewed on numerous broadcast radio and TV shows, including, NPR, Fox News, and 1010 WINS. Stebbins is personally devoted to the issue of head injury and has worked with his family to build three homes dedicated to the care of people affected by head injury. He has a bachelor’s degree from Vassar College and an MBA from Cornell University.

 

Executive Deputy Superintendent for Insurance My Chi To
New York Department of Financial Services
My Chi To is the Executive Deputy Superintendent of the Insurance Division at the New York Department of Financial Services (NYDFS), which regulates nearly 1,800 insurance companies with assets of $5.5 trillion. In that role, she oversees the regulation and supervision of the life, property and casualty, and health insurance industries in New York State, which is the 7th largest insurance market in the world. Prior to joining NYDFS in January 2020, she was a partner in the restructuring group and global insurance practice of Debevoise & Plimpton LLP. She received an M.Phil. in Politics from the University of Oxford, where she was a Rhodes Scholar. She received an LL.L. and LL.B. in Civil Law and Common Law from the University of Ottawa and was a law clerk to the Hon. Claire L’Heureux-Dubé of the Supreme Court of Canada, the highest court of Canada.

 

Heather Trela
Director of Operation and Fellow, Rockefeller Institute of Government

Heather Trela oversees the day-to-day operations of the Rockefeller Institute and serves as the executive director’s primary liaison with management, staff, and other stakeholders. Her research focuses on federalism issues with an emphasis on marijuana policy. She was a doctoral candidate at, and holds a master’s degree in political science from, the Rockefeller College of Public Affairs and Policy as well as a bachelor’s in economics and political science from Hartwick College.

 

Stephen Zogby
National Director, Big I NY
Executive Vice President, Scalzo, Zogby & Wittig, Inc.

Steve Zogby was born and raised locally, graduating from Mohawk Valley Community College, SUNY Brockport, and Leadership Mohawk Valley. In 1992, Zogby, along with Gary Scalzo and Leon Wittig, started an independent insurance agency; Scalzo, Zogby & Wittig, Inc. in Utica. He currently serves as the State National Director for Big I NY, representing New York as a board member of the Independent Insurance Agents and Brokers of America. Zogby has served on many insurance company agent advisory councils over his 30+ years in the industry, and is currently a member of the advisory board of Adirondack Insurance Exchange. In his community he serves on the Board of the Oneida County Industrial Development Agency; is president and board member of the Mohawk Valley Community College Foundation; and a board member of the Stanley Center for the Arts.

 

 

What the Future May Hold: Changing Landscape and Insurance Models

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What the Future May Hold: Changing Landscape and Insurance Models

Featured Speaker: Deb Zawisza, Senior Principal, Aite-Novarica Group

Insurtech Panel: David Gritz, Co-founder and Managing Director, InsurTech NY; Kayvan Farzaneh, Head of Marketing, Cape Analytics, Inc. and Alexander Zhykh, Chief Executive Officer, Draivn

Wednesday | October 27
1:00–2:30 p.m. (ET)
Virtual Program

DETAILS

Technology is already an integral part of the insurance industry for both insurers and the communities we serve. With technology poised to rapidly mature in the years to come, it is important for companies to prepare for the opportunities that lie ahead. Join NYIA on Wednesday, October 27 at 1:00 p.m. for What the Future May Hold: Changing Landscape and Insurance Models—the final edition of NYIA’s Making Innovation Practical education series.

The program will focus on trends that are shaping the future of the insurance industry and features a talk from Deb Zawisza, senior principal, Aite-Novarica Group who will discuss agent and customer centricity, the enhancement of expertise through data and the ways ecosystems are changing the insurance value chain. The program will conclude with an insurtech company panel discussion featuring David Gritz, co-founder and managing director, InsurTech NY; Kayvan Farzaneh, head of marketing, Cape Analytics, Inc. and Alexander Zhykh, chief executive officer, Draivn who will delve deeper into the tech destined to transform the industry.

Can’t attend but are interested in viewing the recording? Register for the program and you will be sent the recording after the event.

Fees: $49 for members, $149 for nonmembers

Event Links: Registration CLOSED | Questions

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What the Future May Hold: Changing Landscape and Insurance Models Speakers

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What the Future May Hold: Changing Landscape and Insurance Models Speakers

Deb Zawisza, Senior Principal, Aite-Novarica Group 
Deb Zawisza is a senior principal at Aite-Novarica Group. She has expertise in insurance technology leadership and transformation with over 25 years of experience. Prior to joining the firm, she spent eight years as SVP/CIO for Claims/Loss Control at Travelers Insurance, leading core system modernization, expansion of data and analytic capabilities, Agile transformation and digital initiatives related to property/casualty claims across all lines of business. Zawisza has also served as CIO/CTO at The Phoenix Companies (now Nassau Re), where she was responsible for all IT functions for life and annuity and investment management. In addition, she has held roles as a senior principal Consultant at PwC with a focus on insurance technology strategy and various IT leadership roles at Aetna for commercial P/C, Life and Annuity and pensions. She attended Rensselaer Polytechnic’s MBA program and holds a BBA from Adelphi University. 

Insurtech Company Panel Speakers

Kayvan Farzaneh, head of marketing, CAPE Analytics, Inc.
Kayvan Farzaneh is head of marketing at CAPE Analytics, a property intelligence company leveraging machine learning and geospatial imagery to produce loss-predictive property information for personal and commercial lines carriers. Prior to joining CAPE, Farzaneh ran a communications consultancy and worked with Silicon Valley startups and leading venture capital firms, including XL Innovate, an insurtech-focused venture fund.

 

David Gritz, Co-founder and Managing Director, InsurTech NY
David Gritz is an insurtech community leader, public speaker, and insurtech advisor for InsurTech NY. He has been featured in recognized insurance media including Carrier Management, Digital Insurance, IIR, AM Best TV, and the Re/Image Podcast. Gritz is the co-founder of InsurTech NY, the largest insurtech community in the NY metro area. He also serves as a strategic advisor to high-growth insurtechs to help them go from concept to scale. Previously Gritz has served as the director of innovation for the Silicon Valley Insurance Accelerator (SVIA) and has led product at Zero, a behavioral safety focused insurtech acquired by EverestRe. He holds a J.D. from the Mitchell Hamline School of Law and business and industrial engineering degrees from Lehigh University.

 

Alexander Zhykh, Chief Executive Officer, Draivn
Active sales trainer. Entrepreneurship enthusiast. Pretty much know how to start from scratch, scale and exit companies. And how to learn quickly from the mistakes on the bumpy ride. Co-founded the first project, freight forwarding company, at the age of 25. In four years hit the 10 million ARR without any external investments being profitable from the year 1. Now fully committed to building Draivn—new age of fleet insurance enabler.

Regional Roundtable

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Merchants Insurance Group

North Country Insurance Company

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Regional Roundtable

Moderated by: NYIA Board Member, Siobhan Davey, President and CEO, Broome Co-operative Insurance Company

Held On: Wednesday | October 13
11:00 a.m. – 12:00 p.m. (ET)
Virtual Program

DETAILS

New York is a unique marketplace. The distinct traits of the state’s market make it that much more important we work together as an industry and foster strong relationships as colleagues. Property and casualty insurance companies share many common challenges, but there are particular similarities for regional companies that focus on New York or a select number of states. Learning from each other as industry partners is one of our greatest tools. This virtual roundtable discussion will be an excellent opportunity to talk about the vast array of issues companies are facing. We have topics we are ready to address, but first on the agenda are always the items you would like to bring to the conversation. Please send the top three issues on your mind to Kaitlyn Emory at kemory@nyia.org so we can include them on the agenda.

Submitted topics from members that will be on the agenda include the impact of technology on distribution models, legislative effort to ban the use of lead paint exclusions and legislation prohibiting the use of dog breed that advanced in both houses.

Fees: $30 for members, $100 for nonmembers

Event Links: Registration CLOSED | Questions

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Albany Alert: Comprehensive Insurance Disclosure Act – Chapter Amendments, S7882(Gounardes)

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Albany Alert: Hochul to Nominate New DFS Superintendent

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Headlines & Deadlines: NY HERO ACT TO THE RESCUE?

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Headlines & Deadlines: NY HERO ACT TO THE RESCUE?

What the Law Means for Employers and Worksites

By Glen P. Doherty, Esq.
Hodgson Russ LLP

On May 5, 2021, Governor Cuomo signed into law the New York Health and Essential Rights Act (HERO Act), which adds two new sections to the New York Labor Law: section 218-b, which addresses the “Prevention of Occupational Exposure to an Airborne Infectious Disease” and went into effect on June 4, 2021; and section 27-d, which addresses “Workplace Safety Committees” and goes into effect November 1, 2021.

On June 14, 2021, Governor Cuomo signed various amendments to the HERO Act, and these amendments enact a number of pro-employer changes to the act.

Section 218-b: Prevention of Occupational Exposure to an Airborne Infectious Disease

The HERO Act requires the New York Department of Labor (DOL) to create and publish model airborne infectious disease exposure prevention standards for all worksites, differentiated by industry. Notably, these standards will be targeted towards preventing any airborne infectious disease and are not strictly limited to COVID-19.

In preparing the model standards, DOL must “explicitly specify and distinguish the extent to which the provisions are applicable for different levels of airborne infectious disease exposure, and … take into account whether a state of emergency has been declared.” At a minimum, DOL’s model plan must establish procedures and methods for the following: employee health screenings; face coverings; required personal protective equipment; accessible workplace hand hygiene stations; regular cleaning and disinfecting of shared equipment; effective social distancing measures; compliance with mandatory or precautionary orders of isolation or quarantine; designation of one or more supervisory employees to enforce compliance with the plan; compliance with any applicable laws, rules, regulations, standards, or guidance; and verbal review of infectious disease standards, employer policies, and employee rights.

All private sector employers must establish an airborne infectious disease exposure prevention plan, either by adopting the model plan published by DOL for their industry or by establishing an alternative plan that equals or exceeds the minimum standards provided by the model plan standard. Additionally, if an employer chooses not to adopt the model plan, it must develop its plan pursuant to an agreement with the relevant union or, if there is no relevant union, with “meaningful participation of employees … for all aspects of the plan.”

Once adopted, each employer must post its plan in a visible and prominent location within the worksite and include the plan within any handbook it provides to employees. Employers must also distribute a written copy of the plan to each employee, in English as well as the employee’s primary language if other than English. Under the initial HERO Act, this was required to be done by June 4, 2021. Under the amendments, this date was extended from June 4, 2021 to 30 days after DOL publishes the model plans, meaning all employers were to have a plan in place by August 5.

Since DOL published the model plans on July 6, employers had 30 days to adopt their plans and then have another 30 days to distribute the plans to employees. Employers will also be required to distribute their plans to newly hired employees at the time of hire and to all employees within 15 days after reopening following a period of closure due to airborne infectious disease.

Under the amendments, the worksites DOL was required to publish model plan(s), and for which employers must adopt plan(s), are now explicitly limited to those “over which an employer has the ability to exercise control.” The amendments also clarify that covered worksites do not include telecommuting or telework sites over which the employer lacks the ability to exercise control or vehicles.

Section 218-b also prohibits employers from taking adverse action against any employee for a number of specific circumstances. Employees are protected from adverse action for: exercising their rights under, or reporting violations of, Section 218-b or the applicable airborne infectious disease exposure prevention plan; reporting an airborne infectious disease exposure concern to any state, local, or federal government entity, public officer, or elected official; or refusing to work where such employee reasonably believes, in good faith, that the work exposes him or her to an unreasonable risk of exposure to an airborne infectious disease due to the working conditions that are inconsistent with Section 218-b or the applicable airborne infectious disease exposure prevention plan, provided that the employer knew or should have known of such working conditions and failed to cure the issue.

DOL may assess penalties on any employer that violates the act: (a) at least $50 per day for failing to adopt a compliant plan; and (b) a fine of $1,000 to $10,000 for failing to comply with the plan. Employees may also bring a civil action against their employer for violations of Section 218-b. In addition to an order requiring an employer to comply with Section 218-b, a prevailing employee claim may recover his or her reasonable attorney’s fees. The initial HERO Act authorized liquidated damages of up to $20,000, but the amendments eliminated the remedy of liquidated damages.

The amendments also require employees to provide their employer with 30 days’ notice and an opportunity to cure the violation before filing a civil action under Section 218-b, unless the “employee alleges with particularity that the employer has demonstrated an unwillingness to cure a violation in bad faith.” Employees must file a civil action within six months of the date the employee had knowledge of the violation. Employees who file civil actions that are found by the court to be frivolous may be ordered to pay the costs and reasonable attorney’s fees incurred by the employer in the defense of the action.

Notably, Section 218-b defines the term “employee” to include independent contractors. This means that independent contractors must also receive a copy of the employer’s airborne infectious disease exposure prevention plan and are protected by the law’s anti-retaliation rules and enforcement remedies.

Section 27-d: Workplace Safety Committees

The HERO Act also requires that private employers with 10 or more employees allow employees to form joint labor-management workplace safety committees. These committees must be composed of both employees and employer designees, though at least two-thirds must be non-supervisory employees. The non-supervisory members must be selected by the relevant union or, if there is no union, by the employer’s non-supervisory employees. Employers are prohibited from “interfering with the selection of employees [to] serve on such committees.”

Under the amendments, the purview of workplace safety committees has been narrowed to more closely target issues related to workplace safety. The HERO Act originally allowed workplace safety committees to, among other identified tasks, “[r]eview any policy put into place in the workplace required by any provision of this chapter,” which could have been read to extend to any policy required by the New York Labor Law. That provision has now been modified to include only policies “put into place in the workplace required by any provision of this chapter relating to occupational safety and health.” The other tasks that workplace safety committees are entitled to undertake remain largely unchanged. The amendments do, however, clarify that employers are only required to permit one committee per worksite and do not need to allow another committee where one already exists.

The duration of workplace safety committee meetings and trainings has also been limited under the amendments. Specifically, the amendments specify that the regularly scheduled quarterly meetings of the committee “shall last no longer than two hours.” These meetings still must occur during work hours. In addition, the training that safety committee members are entitled to attend, without loss of pay, has been limited to a duration of no more than four hours.

Although New York employers now have a bit more breathing room under the HERO Act, it is clearly time to ensure your company is set for compliance with both the adoption of a prevention plan for airborne infectious diseases and the formation of a workplace safety committee. For more information on how to prepare, click here.

Glen Doherty is a partner at Hodgson Russ LLP. Glen can be reached at gdoherty@hodgsonruss.com.

Looking to submit an article on a timely topic and have your company featured in Headlines & Deadlines? Contact Kaitlyn Emory at kemory@nyia.org for more information.

Albany Alert: Hochul Sworn In

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