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An Ounce of Prevention: What Lawyers Need to Know about IoT and Insurance


Level: Advanced
Runtime: 63 minutes
Recorded Date: April 28, 2021
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Agenda

  • COVID-19 work remote accelerated growth of digital economy, including Internet of Things
  • Rapid IoT growth causes change in risk exposure
  • Internet of Things requires legal analysis of evolving tort, statutory and contract law
  • “Hard” insurance market in 2021
  • Best practice tips to address this dynamic and fluid area
Runtime: 1 hour, 3 minutes
Recorded: April 28, 2021

Description

This panel of insurance insiders and legal practitioners will address how insurers are responding to the unique insurance coverage and risk management needs of companies that create, distribute, or work with IoT devices or industrial control systems. Panelists will discuss potential coverage afforded under Cyber, General Liability, Product Liability, Tech E&O, Property, Crime, and D&O policies, all in the context of IoT and IoT innovation, and share their top tips for smart companies who recognize that an ounce of prevention is worth a pound of cure.

This program was recorded on April 28th, 2021.

Provided By

American Bar Association

Panelists

Kevin P. Kalinich

Global Practice Leader, Intangible Assets
Aon Commercial Risk Solutions

Kevin Kalinich leads Aon’s global practice of intangible assets. Most recently, he served as global practice leader for cyber/network risk at Aon. He is a five-time risk and insurance power broker and is a consistent source of expertise for numerous media publications.

Earlier in his career, he was a technology attorney and ran an Internet of Things company.

He has written the insurance chapters for three cyber books and is a frequent speaker on professional liability topics.

Kalinich earned a mathematics and economics B.A. from Yale University and a juris doctor from the University of Michigan.

Lorelie S. Masters

Partner
Hunton Andrews Kurth, LLP

A nationally recognized insurance coverage litigator, Lorie handles all aspects of complex, commercial litigation and arbitration. Lorie has advised clients on a wide range of liability coverages, including insurance for environmental, employment, directors and officers, fiduciary, property damage, cyber, and other liabilities. She also handles various types of first-party property insurance claims, including claims under boiler and machinery, business-interruption, contingent business-interruption, extra expense and other related coverages.

Lorie has handled and tried cases in state and federal trial and appellate courts across the country and in arbitrations in the United States and abroad. At issue in these cases typically have been millions of dollars of insurance coverage for products and environmental liability, silicone gel breast implant claims, and other types of liability. Most recently, she obtained a settlement worth millions of dollars under D&O and E&O policies bought by a national nonprofit facing RICO and other high-stakes claims. She served as lead trial counsel for policyholder in an action enforcing CGL insurance coverage for the then-largest property damage class action settlement ever. The National Law Journal called that jury’s verdict one of the “most significant jury verdicts” of the year. She has also handled many other matters in litigation, arbitration, and settlement negotiations, recovering, collectively, billions of dollars for her clients.

Lorie is co-author of Insurance Coverage Litigation, an in-depth legal treatise first published by Aspen Law & Business in 1997 and updated annually. She co-authored a second book, entitled Liability Insurance in International Arbitration: The Bermuda Form, which won the 2012 Book Prize from the British Insurance Law Association for “outstanding contributions to the literature on insurance,” and is recognized as the seminal work on the issue of Bermuda Form arbitration. She was invited to serve as an Adviser to the American Law Institute’s Restatement of the Law, Liability Insurance, a position she has held since 2010.

A partner in the insurance coverage practice, Lorie’s clients say she “is very good at explaining complicated issues, and then distilling them for commercial use,” according to Chambers USA 2016, which ranks her in the upper echelons of her practice nationwide. She also was named a Top Ten Super Lawyer in DC for 2014 and 2015, among other recognitions.

Lorie writes and speaks extensively on insurance coverage, technology, and litigation. In addition to her legal practice, she is active in diversity and inclusion matters and has represented many individuals and groups pro bono, including policyholders denied health care coverage and victims of human trafficking. In 2007, she obtained one of the first money judgments in the country under the Trafficking Victims Protection Act, after a trial in the federal court in the District of Columbia.

Lorie currently serves on the Board of Governors of the American Bar Association (ABA) and as Treasurer of the DC Bar Foundation, the largest funder of legal services in the DC area. She is very proud of her service in 2008-2009 as President of the Women’s Bar Association of the District of Columbia (“WBA”) and her role in helping to organize the WBA’s centennial celebrations in 2016-2017. She helped to found the American College of Coverage and Extracontractual Counsel and served as its second President in 2013-2014. She served as national Policyholder Chair of the Insurance Coverage Litigation Committee of the ABA Section of Litigation, 2000-2003.

Lorie is admitted to practice in the US Supreme Court, US Court of Appeals for the District of Columbia Circuit, US Court of Appeals for the Fourth Circuit, US District Court for the District of Columbia, US District Court for the District of Maryland, US District Court for the Eastern District of Michigan, US District Court for the Southern District of New York, the US District Court for the Northern District of Ohio, the US District Court for the Southern District of Ohio, and the US District Court for the Eastern District of Texas. She ran for attorney general in the District of Columbia’s first-ever election for that position in 2014.

Laura Foggan

Partner and Chair, Insurance/Reinsurance Group
Crowell & Moring LLP

Laura Foggan is a partner in Crowell & Moring's Washington, D.C. office and chair of the firm's Insurance/Reinsurance Group. She has been described by LawDragon 500 Magazine as "one of the most successful advocates for the insurance industry to ever practice."

Laura was recently recognized as a Global Elite Thought Leader for Insurance & Reinsurance by Who's Who Legal (2019 and 2021), who praised her as a "dynamic and creative thinker" who has "very high standards and delivers superior work." She is a Chambers-ranked Band 1 practitioner and included in the Best Lawyers in America directory, including being named a "Lawyer of the Year" for 2020-2021. She is also consistently named one of Washington D.C.'s "Top 100 Lawyers" and "Top 50 Women Lawyers" and a "Super Lawyer" for Insurance Coverage by Super Lawyers Magazine. Laura represents clients in a variety of litigation and counseling matters.

Ms. Foggan received her B.A. and M.S. in Education from the University of Pennsylvania and her J.D. from George Washington University Law School.


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