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Six Interesting (and Recent Cases) - And Why They Matter To The Industry
Length: 1 Hour


This one-hour seminar is a fast-paced review of current cases (all six being decided in the 2020’s) that impact producers.  In each instance, the factual background of the case, the relevant issue, and the court’s decision are discussed.  Following this is a subsection for each case titled “Why It Matters.”  This is a brief description of why the case is of significance in the insurance industry.

For instance, in the Malzberg case, the importance of the case is to recognize the limitations on the Model Transportation Network Company Act and, accordingly, why states are considering adopting the Delivery Network Company Act from the NAIC.  Likewise, the Ebert case is used to discuss the impact of the ISO modifications to the commercial general liability form on excluding liquor liability, the “restoration” of the exclusion to its originally intended scope.

In each instance, the focus is on trends, changes in forms, or coverage that producers need to understand on a look-forward basis.

Basic Course Information

Learning Objectives
  • Malzberg v. Josey
    • Is a driver for Uber Eats able to obtain the benefits of the insurance required by the Model Transportation Network Companies Act
  • Harvard College v. Zurich American Ins. Co.
    • Does the failure to give timely notice under a “claims made and reported” excess policy preclude coverage?
  • Ebert v. Illinois Casualty Co.
    • Does the liquor liability exclusion in a Businessowner's Policy eliminate the duty to defend a separate, but commonly owned, bar?
  • Travelers Property Casualty Co. of America v. International Control Services
     

Major Subjects
  • This one-hour seminar is a fast-paced review of current cases (all six being decided in the 2020’s) that impact producers.  In each instance, the factual background of the case, the relevant issue, and the court’s decision are discussed.  

Richard Pitts, Vice President and General Counsel, Arlington Roe

Richard S. Pitts is a private practice attorney in the insurance industry.  Rick serves as Vice-President and General Counsel to Arlington/Roe & Co., Inc., an insurance brokerage and managing general agent headquartered in Indianapolis.  Rick also serves as general counsel to the Independent Insurance Agents of Indiana, Inc., as well as its sister organization in Kentucky.  Rick speaks annually at the “Roadshows” in Kentucky and Indiana’s Agency Compliance Seminars and presents various seminars on insurance and employment related matters.  Pitts has also presented continuing education seminars to insurance professionals nationally through industry groups including the National Alliance for Insurance Education and Research.

Rick is a 1983 graduate of Wabash College and a 1986 graduate of Indiana University School of Law – Indianapolis.  Pitts clerked for the Honorable Patrick D. Sullivan, a judge of the Indiana Court of Appeals in 1986-87.  Rick is admitted to practice before Indiana state and federal courts, the United States Supreme Court and the United States Court of Appeals for the Seventh Circuit and is a member of local, state and national bar associations.  Pitts has tried multiple cases and participated in over seventy appeals.

Pitts is the recipient of the “Excellence in Continuing Legal Education Award” from the Indiana Continuing Legal Education Forum (ICLEF), having served as a panelist and lecturer on a variety of continuing education subjects.  Pitts has co-authored two articles appearing in the Indiana Law Review.       

rpitts@arlingtonroe.com


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