Virtually Impossible? How the Courts Weathered COVID and Outlook for the Future

\-04:00\2021\35\30\America/New_York\25 Jun 25, 2021 | Past Events & Presentations

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Virtually Impossible? How the Courts Weathered COVID and Outlook for the Future

Featured Speakers: Hon. Paula Feroleto, Administrative Judge of the Eighth Judicial District and Edward Steinberg, President, New York State Trial Lawyers Association

Moderated by: Marc Craw, NYIA Board Member, Senior Counsel, MLMIC Insurance Company

Held On: Thursday | July 15, 2021
1:00–2:15 p.m.
Virtual Program

DETAILS

Join NYIA on Thursday, July 15 at 1:00 p.m. (ET) for Virtually Impossible? How the Courts Weathered COVID and Outlook for the Future. The program will feature the Hon. Paula Feroleto, Administrative Judge of the Eighth Judicial District and Edward Steinberg, President of the New York State Trial Lawyers Association who will present their respective perspectives about how the courts have shifted during COVID and how we can expect the courts to continue to innovate going forward. The program will conclude with a discussion with Marc Craw, senior counsel for MLMIC Insurance Company and NYIA member coverage and defense law firms to further delve into the anticipated impact on our industry. Participating law firms at the point include: Hurwitz & Fine, P.C., Hoffman Roth & Matlin, LLP, Morrison Mahoney LLP and DeCorato Cohen Sheehan & Federico, LLP.

Is your law firm interested in being part of conversation? Please email Kaitlyn Emory at kemory@nyia.org for more information.

Fees: $49 for members, $149 for nonmembers

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Albany Update 2021 End of Session

\-04:00\2021\04\30\America/New_York\24 Jun 24, 2021 | Albany Update

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As We Evolve: Practical Uses for Current Technology Speakers

\-04:00\2021\48\30\America/New_York\08 Jun 8, 2021 | Uncategorized

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As We Evolve: Practical Uses for Current Technology Speakers

Truman Esmond is vice president, membership and solutions for American Association of Insurance Services (AAIS) and technical steering committee chair of openIDL. Esmond has an extensive background in innovative networked technology solutions, across a variety of industries and enterprises—large and small.

AAIS is uniquely positioned as a trusted intermediary and data conduit between insurance carriers and regulators. In this position, AAIS impacts the entire industry and the industries that depend on effective risk partners with advisory products combined with innovative technology and operational solutions. Esmond leads AAIS membership and solutions, engaging members and our community to grow and leverage the expertise, technology and resources of a modern advisory organization serving member insurers.

openIDL, the regulatory reporting data network that leverages blockchain technology, provides members and regulators data privacy, integrity and transparency and is an output of that mission. Esmond continues to serve as the lead architect for openIDL and following openIDL’s incorporation into the Linux Foundation, was elected by membership to chair the technology steering committee for the project.

 

Robin Luo is senior vice president, business development and delivery for Harford Steam Boiler Inspection and Insurance Company (HSB) is a senior insurance innovation leader with a proven track record in developing and commercializing transformative technology and insurance solutions such as award-winning commercial insurance IoT, Blackout Risk Model and Utility Service Interruption products.

Luo has a unique combination of expertise in technology, data analytics, insurance, product development, and commercialization. He currently leads HSB’s SME solution commercialization activities that include commercial strategy, customer engagement, product and service delivery, and data and product strategy. He started his career at HSB 19 years ago. He has held various positions with increasing responsibilities in the areas of data analytics, underwriting, ceded reinsurance, enterprise risk management, and innovation.

Prior to joining HSB, Luo served as the chief electrical engineer on-board of ocean cargo vessels and worked as a commercial engineering manager for WIKA GmbH, a Germany based sensor automation and instrumentation engineering company.

Robin has a Bachelor of Science degree in electrical engineering and a Master of Science degree in statistics and finance. He holds CPCU and ARe designations. He also held insurance producer license and surplus line broker license in Connecticut.

 

Dirk Smith, vice president and engineering manager of Mutual Boiler Re, is responsible for building the company’s equipment breakdown expertise and providing jurisdictional inspection services. With more than 25 years’ experience in engineering, Smith brings a vast knowledge of property insurance to his position at Mutual Boiler Re, a benefit to both customers and the company alike. His experience includes serving as a national board commissioned inspector of boiler and pressure vessels, a property loss prevention engineer and an operations chief inspector.

Smith has been a member of the FM Global community for over 20 years, beginning his career with the company as a loss prevention engineer. He earned a Bachelor of Science degree in marine engineering at the United States Merchant Marine Academy in Kings Point, New York.

 

Tracey Waller is director for ISO small commercial underwriting at Verisk. She is responsible for the strategy and execution of ISO’s small commercial and casualty underwriting products, focused on powering digital transformation in the industry.  Previously at ISO, Tracey handled coverage product development for the general liability, excess/umbrella, home healthcare, and medical professional liability lines of business. Tracey holds a Master of Business Administration degree from Saint Peter’s University and a Bachelor of Fine Arts degree from Rutgers University. She has earned the designation of Chartered Property Casualty Underwriter (CPCU). She joined ISO in 2008.

MODERATED BY:

Jennifer Cavolo is New York product manager for Progressive. Cavolo joined Progressive in 2012 after graduating with an MBA from the University of Chicago. She has served in various positions at Progressive since starting as a product manager in commercial lines, were she worked on a number of complex states, and on projects related to transportation networking companies. She was promoted to manage Progressive’s Pennsylvania personal lines business from 2016 through 2017. In 2018, she was promoted to New York product manager.

Prior to business school, Cavolo worked as an analyst on the sell-side with UBS and on the buy-side with T. Rowe Price. She received her bachelors in Finance and Political Science from Notre Dame, and holds the Chartered Financial Analyst designation. 

Cavolo became a board member of the New York Insurance Association in 2019. She is a member of their Education and Conference Planning Committee, Finance Committee, Nominating Committee and Public Relations Committee. 

 

As We Evolve: Practical Uses for Current Technology

\-04:00\2021\44\30\America/New_York\04 Jun 4, 2021 | Past Events & Presentations

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As We Evolve: Practical Uses for Current Technology

Featured Speakers: Truman Esmond, Vice President, Membership & Solutions, American Association of Insurance Services; Robin Lou, Senior Vice President, Hartford Steam Boiler Inspection & Insurance Company; Dirk Smith, Operations Vice President, Engineering Manager, Mutual Boiler Re and Tracey Waller, Director, Small Commercial Underwriting, ISO. Moderated by: Jennifer Cavolo, Product Manager, Progressive.

Held On: Thursday | June 24
1:00–2:30 p.m.
Virtual Program

 

DETAILS

Join us on Thursday, June 24 at 1:00 p.m. for the second edition of NYIA’s Making Innovation Practical education series. There have been many advancements in technology which may appear too complicated, expensive and/or time consuming to incorporate into your company’s operations. These technological upgrades were designed to make procedures and transactions more efficient but organizational limitations can make the integration of current tech seem impossible. Our panel of insurance hardware and software experts, Truman Esmond, American Association of Insurance Services; Robin Lou, Hartford Steam Boiler Inspection & Insurance Company; Dirk Smith, Mutual Boiler Re and Tracey Waller, ISO, will provide insights on how to best approach, utilize and maximize the benefits of modern mechanizations.

Discussion topics related to hardware include new technologies for diagnostics and insight (drones, smart technology for homes and businesses and infrared reporting). Software topics include automation solutions for the modern insurance company (digital insurance, application programming interfaces (APIs), blockchain, optical character recognition of digital records and internal workflow automation). Register to improve your understanding of all the practical modernization opportunities that are available for your company.

Fees: $49 for members, $149 for nonmembers

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Headlines & Deadlines: TO VACCINATE, OR NOT TO VACCINATE?

\-04:00\2021\01\30\America/New_York\01 Jun 1, 2021 | Headlines & Deadlines

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Headlines & Deadlines: TO VACCINATE, OR NOT TO VACCINATE?

Headlines & Deadlines is a new publication NYIA is providing to members which will deliver information and perspective on important insurance industry topics relevant to your company and the New York market.

By Glen P. Doherty, Esq. and Michael Zahler, Esq., Hodgson Russ LLP

According to a recent Kaiser Family Foundation (KFF) poll, 20 percent of adults in the United States either refuse to be vaccinated or will undergo vaccination only if it is required. An additional 15 percent of adults intend to “wait and see” how COVID-19 vaccines work on others before deciding about vaccination for themselves. In response, employers are asking: (1) whether they may require vaccination as a condition of employment, and (2) if so, whether they should require vaccination.

Employers May Adopt COVID-19 Vaccine Mandates

Employers may require their employees to obtain a COVID-19 vaccine if the employer considers potential accommodations for individuals due to their disabilities or sincerely held religious beliefs.

Guidance from the Equal Opportunity Employment Commission (EEOC) states that if an employee cannot be vaccinated due to a disability, the employer must determine whether an unvaccinated employee poses a direct threat due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be reduced by reasonable accommodation.” In conducting this individualized assessment, the employer must consider the following factors: (1) the duration of the risk, (2) the nature and severity of the potential harm, (3) the likelihood that the potential harm will occur, and (4) the imminence of the potential harm.

If the employer determines that an unvaccinated employee at the worksite poses a direct threat that cannot be reduced to an acceptable level, the employer can exclude the employee from physically entering the workplace, but this does not mean the employer may automatically terminate the employee. The employee may be entitled to accommodations, such as performing the current position remotely, so long as the employee can perform the essential functions of the job and the accommodation does not impose an undue hardship on the employer.

If an employee requests an accommodation based upon a sincerely held religious belief, the employer must provide a reasonable accommodation unless it imposes more than a de minimis cost or burden on the employer.

Employers May Request Proof of Vaccination or of a Disability Preventing Vaccination

An employer may ask or require an employee to provide proof that he or she received a COVID-19 vaccination. According to the EEOC, doing so is not considered a disability-related inquiry (i.e., a question likely to elicit information about a disability) as there are many reasons why an employee may not be vaccinated which may or may not be disability-related.

Follow-up questions from the employer (e.g., asking why an individual did not receive a vaccination) may elicit information about a disability and may only be asked if “job-related and consistent with business necessity.” Such questions are likely appropriate to determine whether a disability prevents an employee from being vaccinated against COVID-19, because employers have a legal obligation to provide a safe workplace to their employees.

Therefore, if an employee states that he or she cannot be vaccinated due to a disability, the employer may: (1) ask the employee for documentation needed to establish that the employee has a disability, and that the disability necessitates a reasonable accommodation, or (2) may discuss with the employee the nature of the employee’s disability. Employers seeking documentation must be careful to avoid requests likely to elicit information unrelated to the disability at issue. One way to avoid overbroad requests is to ask the employee to sign a limited release allowing submission of a list of specific questions to the employee’s physician.

Should Employers Mandate COVID-19 Vaccines?

Whether an employer should mandate COVID-19 vaccinations requires balancing the benefits and risks to the employer’s business. Widespread vaccination coverage is likely necessary for businesses to return to normal. Indeed, employers have a legal duty to provide a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. Mandating vaccines furthers compliance with the employer’s general duty to provide a safe workplace and should alleviate safety concerns employees may have about working in proximity to co-workers. Mandating vaccines will also reduce the spread of COVID-19 in the workplace and should result in employees missing less time due to illness.

However, there are costs and risks associated with mandating vaccines for employees. First, employers should ensure that their frontline managers are trained to recognize requests for reasonable accommodations, and that the employer is able to process accommodation requests in a consistent manner.

Second, lawmakers in nearly every state have introduced legislation that would prohibit employers from mandating COVID-19 vaccinations. In New York, a Republican Assemblyperson introduced a version of this legislation, A4602. Although the bill has no Democrat co-sponsors and is unlikely to become law, employers should monitor similar legislation moving through statehouses across the country.

Third, employees have filed lawsuits challenging the legality of COVID-19 vaccine mandates on the basis that the Food and Drug Administration (FDA) has yet to license COVID-19 vaccines under a biological license application, the standard regulatory framework for vaccine licensure. To date, the FDA has approved COVID-19 vaccines through the Emergency Use Authorization provision of the Federal Food, Drug, and Cosmetic Act. Courts have yet to rule on the merits in these lawsuits, and employers wishing to mandate COVID-19 vaccines should monitor these cases closely.

Finally, mandatory vaccination is a contentious issue fraught with emotion and strongly held beliefs.  Key employees who oppose vaccination might resign in response to a mandate to vaccinate.

COVID-19 Vaccination Incentives

As an alternative to the stick of COVID-19 mandates, many employers are offering incentives as a carrot for employees to obtain COVID-19 vaccinations. According to KFF (Kaiser Family Foundation), a nonprofit organization focusing on national health issues, 26 percent of employed adults who are not yet ready to get vaccinated state they would be more likely to get vaccinated if their employer offered to pay them an extra $200. Unfortunately, cash incentives raise numerous legal questions under the Employee Retirement Income and Security Act, the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the current EEOC guidance governing employer sponsored wellness programs. On April 15, 2021, the EEOC announced its intention to update its guidance concerning COVID-19 vaccine incentive programs; however, no such guidance has been issued to date.

Conclusion

Employers may require their employees to obtain the COVID-19 vaccine, subject to accommodations for disabilities and religion. The question of whether employers should adopt such mandates, however, is more nuanced and requires each employer to balance the pros and cons of a mandate in the context of their particular business. Finally, employers must keep abreast of the latest legislative and regulatory developments because that is what might eventually control this decision.

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Financial Focus: Staying Ahead of the Curve with Investments

\-04:00\2021\25\31\America/New_York\26 May 26, 2021 | Past Events & Presentations

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Financial Focus: Staying Ahead of the Curve with Investments

Featured Speakers: Calvin Clark, Jr. (Chip), President and William E. Rotatori, Chairman and CEO, New England Asset Management, Inc. (NEAM)

Held On: Thursday | June 17
2:00–3:00 p.m.
Virtual Program

 

DETAILS

If you are feeling like the current challenges with the investment environment just keep stacking up, you are not alone. Join NYIA for this Financial Focus program to gain perspective on a wide array of investment topics including projected interest rates and outlook for inflation, market gyrations, growing focus on environmental, social and governance (ESG), capital markets, London Inter-Bank Offered Rate (LIBOR) transition, potential tax rate changes on the portfolio and inventory availability/fixed maturities. NYIA treasurer, Norm Orlowski, president/CEO of Erie and Niagara Insurance Association along with New York Insurance Association director of government affairs, Javier Tapia will engage in a conversation with New England Asset Management president, Chip Clark and chairman and CEO, Bill Rotatori, on how to move forward in this environment. The program is certain to better prepare you for the changing landscape and help identify possible solutions for maximizing the return on the asset side of the balance sheet.

Fees: Complimentary for members, $100 for nonmembers

Event Links: Registration CLOSED | Questions
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Financial Focus: Staying Ahead of the Curve with Investments Speakers

\-04:00\2021\06\31\America/New_York\26 May 26, 2021 | Uncategorized

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Financial Focus: Staying Ahead of the Curve with Investments Speakers

Calvin Clark, Jr. (“Chip”) is president of New England Asset Management, Inc. (NEAM) and a member of the firm’s policy committee. Clark joined the firm in 1991, and prior to becoming president in 2014, had been head of client strategy. Prior to joining the firm, he was a vice president in the high yield department at Credit Suisse First Boston and previously vice president in the high yield commercial paper department at Drexel, Burnham, Lambert. Clark is a 1982 graduate of Middlebury College with a Bachelor of Arts in Economics. He has been employed in the investment industry since 1986.

 

William E. Rotatori, CFA is chairman and CEO of New England Asset Management, Inc. (NEAM) and a member of the firm’s policy committee. He joined the firm as vice president in 2000, was made president in 2010 and became CEO in 2014. Prior to joining the firm, Rotatori was a senior vice president of the portfolio management group at Conning Asset Management and previously held various positions within the investment group and asset management division at Travelers Insurance Company. He is a CFA Charterholder and a member of the Hartford Society of Financial Analysts. A graduate of Georgetown University, Rotatori also holds an MBA in finance from the University of Chicago Graduate School of Business. Except for a two-year period when pursuing an MBA from 1988 through 1990, he has been employed in the investment industry since 1986.

MODERATED BY:

Norman J. Orlowski Jr. is the president and CEO of Erie and Niagara Insurance Association, an assessment cooperative insurance company writing property and commercial products in New York State. Mr. Orlowski has been in the insurance industry for over 25 years. He joined Erie and Niagara in 1992 and served as its Treasurer prior to becoming president and CEO in 2014. Norm is the current NYIA treasurer and has served on its Board of Directors since 2012. He received a bachelor’s degree in accounting from Canisius College and his CPA designation while working as a senior manager in audit services at the Buffalo office of KPMG LLP.

Albany Update 2021.11

\-04:00\2021\35\31\America/New_York\19 May 19, 2021 | Albany Update

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Executive Management Roundtable Speakers

\-04:00\2021\39\30\America/New_York\23 Apr 23, 2021 | Uncategorized

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Executive Management Roundtable Speakers

Stephanie Gould Rabin, Senior Vice President Corporate Strategy, Holborn

Stephanie Gould Rabin is a senior strategy & operations executive with more than 25 years in the insurance, reinsurance, insurtech and professional services spaces. She is currently senior vice president and head of corporate strategy at Holborn Corporation. Gould Rabin helps to define, design, and implement a wide array of strategic and cross-functional solutions for both clients and the firm. Her unique combination of business acumen, people/organizational focus, and technical skills provide a valuable opportunity to design solutions that align actions with strategic vision. This may include combining the non-technical and technical side of enterprise risk management, designing new organizational processes to effect behavioral changes to achieve key business strategies, coaching on best approaches for rating agency upgrades, and identifying / developing ready-to-use insurtech in support of critical client needs.

She joined Holborn from Aspen Insurance, where she was senior vice president and head of operations. Prior to that, Gould Rabin was a partner in Aon’s M&A / Business Transformation Advisory solutions. She was also managing director at Aon Benfield, where she led the New York and Latin American analytics teams. Gould Rabin also held leadership positions at Guy Carpenter & Co., Inc., Preferred Insurance Capital Consultants (PICC) and the Insurance Services Office (ISO).

Stephanie earned a B.S. in mathematics and statistics from McGill University, Montreal and received her M.A. in industrial-organizational psychology from New York University. She is also an Associate in the Casualty Actuarial Society.

 

Marc Gyimesi, Senior Search Consultant, The Carlisle Group

Marc Gyimesi, CSAM, is a senior consultant with The Carlisle Group – an executive search and consulting firm based in Pennsylvania. Since starting in 2004 Gyimesi has been responsible for placing over 700 candidates within the clients he has represented.

Gyimesi has been consistently ranked as one of the premier executive recruiters in the insurance space. He has handled consulting engagements with mutual insurance companies, publically traded companies, and privately held organizations on topics such as succession planning, compensation analysis, employee engagement, organizational development, and position profile creation.

Gyimesi has been featured as the guest speaker for numerous regional insurance trade groups, A.M. Best, Demotech, and has been an integral contributor at several president/CEO & human resource executive roundtables. He speaks on topics ranging from the labor market, current economic climate, board governance, and succession planning to using technology in order to attract talent.

Marc’s tenure in the industry along with a real-time understanding of the insurance marketplace brings significant advantage to the client’s he has been fortunate to represent.

 

Jonathan Weir, Managing Partner, Weir Financial Resources

Jonathan Weir is an accomplished and innovative financial professional. His practice is focused on protecting and enhancing corporate earnings; protecting corporate and individual assets; and benefiting executives and other successful individuals through supplemental savings and retirement plans.

Weir prides himself on continual market research, allowing for contemporary planning, products, technology, compliance and servicing for his clients. Process driven and results-oriented, Jon is an effective planner, communicator, educator and leader. Specialties include institutional life and disability insurance analysis, sourcing, implementation and servicing; executive & director benefit plan design, implementation, financing and servicing; progressive plans design for recruiting, retaining, rewarding and retiring executives and key employees.

His clients vary, yet most of his time is spent with financial institutions, healthcare and professional service companies. He also provides supplemental savings, asset protection and wealth transfer solutions to business owners and successful individuals.
Jon earned his BA from Boston University and his JD* with Tax Certification from the University at Buffalo School of Law. *Licensed, not practicing.

 

Brian Ruggeberg, Ph.D., Partner, Kincentric

Brian Ruggeberg has nearly 30 years of consulting experience and has been involved in the development and implementation of various assessment and selection, leadership assessment and development, performance management, succession management, and training programs. His areas of expertise include job analysis and competency modeling; design and validation of assessment and selection programs; design, conduct, and evaluation of training programs; design and implementation of performance management/appraisal systems; survey design and conduct; and leadership assessment and development, succession management, and executive coaching.

In addition, Ruggeberg has over 20 years of executive coaching experience and has coached leaders at all organizational levels from front-line supervisors to CEOs and corporate boards. He has coached individuals across a wide variety of industries and his coaching typically focuses on leadership development, career development, teamwork, interpersonal dynamics, and behavioral change. He has experience in several different industry sectors including healthcare, pharmaceutical, government, technology, telecom, finance, insurance, manufacturing, hospitality/restaurant, education, transportation, and utilities.

Prior to joining Kincentric in July 2019 as part of Aon’s sale of its Leadership, Culture and Engagement, and HR Advisory practices to Spencer Stuart, Ruggeberg served as the Talent Enablement leader for Aon’s overall Talent practice, the co-leader of the National Staffing and Development group, and the Northeast regional practice leader for the overall Human Capital practice of Aon Consulting. In addition, he has served as an executive coach and assessment professional for a multitude of organizations. Key clients include Ahold Delhaize, Microsoft, Darden, Penske, American Express, Chick-fil-A, Procter & Gamble, Walmart, Nestle-Purina, Texas Mutual, Sentry, Q2 Solutions, Lovesac, FedEx, Walgreens, The Port Authority of NY&NJ, CryoLife, and General Atomics. Before joining Aon in 1996, He served as an independent consultant and worked with organizations such as Bell Atlantic; BellSouth; Canon Virginia, Inc.; Norfolk Southern Corp.; and the Office of Personnel Management.

Ruggeberg graduated summa cum laude with a BA in psychology from Cornell College and earned  an MS in psychology and a PhD in industrial-organizational psychology from Old Dominion University. He is an active member of the American Psychological Association (APA) and the Society for Industrial-Organization Psychology (SIOP), and was the 2002-2003  President of the Metropolitan New York Association of Applied Psychology (METRO). He is also a founding member of the I/O  Corporate Advisory Board for Hofstra University and the Corporate Advisory Board for Farmingdale State College SUNY, has  contributed to various book chapters and journal articles, and has conducted more than 60 presentations at professional conferences.

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