PLUS Podcast

Brenda Shelly, Adeola Adele, and Deidre Wright continue their discussion on retaining Black talent and accountability in the insurance industry in the next episode of their podcast. Listen below as these insurance industry veterans talk about attracting talent, retaining talent, holding companies accountable with their diversity and inclusion initiatives.

Brenda Shelly joins us to host a three part podcast with two excellent insurance industry veterans, Adeola Adele and Deidre Wright. This first episode, “The Movement, Pay Equity, Leadership, and Equality,” is a discussion of what it means to effect real and immediate change in the insurance industry today. Adeloa and Deidre have a conversation about how we got here, what comes next, and the cost of not taking action right now. 

Originally posted on May 12, 2020

The next installment of our PL Perspectives on Coronavirus series comes from Sarah Goldstein, Matthew Sgnilek, and Kelly Thoerig, as they continue their discussion on EPL and the possible effects of COVID-19 from underwriting, risk management, and legal perspectives. Stay tuned for more recordings of industry experts on a variety of PL insurance lines.

Sarah Goldstein, Managing Partner & Partner in Employment Litigation practice at O’Hagan Meyer

Sarah represents organizations of all sizes in employment-related matters and advises companies on proactive compliance with employment and wage and hour laws. Sarah is an experienced trial lawyer in both the Federal and California Superior Courts, with a focus on harassment, whistle-blower, wrongful termination, retaliation, discrimination, PAGA and wage and hour matters.

Her litigation practice includes defending employment actions under the Fair Employment and Housing Act including gender, pregnancy, race, ancestry, color, religion, age, national origin, sexual orientation, disability, wrongful termination claims, whistleblower claims, wage and hour claims, and retaliation matters. Sarah also represents employers in administrative actions before the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor and the Department of Fair Employment and Housing.

In 1998, Sarah received the Wiley W. Manuel Award for Pro Bono Legal Services. An active member of the Professional Liability Underwriting Society (PLUS), Sarah currently serves on the Board of Trustees and is the current board liaison to the Diversity and Inclusion Committee.  She chaired the Women’s Leadership Network event in Los Angeles in September 2012 and from 2009 to 2011, she served as Southern California Chapter Chairperson.

Matthew Sgnilek, Partner in the Employment practice at O’Hagan Meyer

Matthew represents employers in a variety of employment cases and administrative actions, including claims for civil rights violations, harassment, discrimination, retaliation, wrongful termination,  American Disabilities Act (ADA) violations, unfair business practices, misappropriation of trade secrets, as well as Private Attorney General’s Act (PAGA), individual and class action wage & hour  disputes. Matt represents employers in both state and federal courts, in arbitration, and before state and federal agencies, such as the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Unemployment Insurance Appeals Board, Workers’ Compensation Appeals Board and the Division of Labor Standards Enforcement. Matt conducts employee classification audits, payroll audits, HR best practices audits, and workplace investigations.  Matt also provides preventive counseling to his clients and works with them to ensure compliant HR policies and documents are in place..  Matt is a frequent speaker providing seminars and workshops on employment issues, including Sexual Harassment and Discrimination Training to executives, supervisors, managers and human resources professionals.

Kelly Thoerig, Managing Director, Employment Practices Liability Coverage Leader at Marsh

Kelly is Marsh’s U.S. Employment Practices Liability and Wage and Hour Coverage Leader and is primarily responsible for manuscripting EPL and W&H policies, leading policy and insurer new product reviews, and drafting endorsements. In addition, Kelly is a claims advocate for Marsh’s FINPRO practice, specializing in complex coverage and claims issues concerning EPL, W&H, D&O, professional liability, crime, and cyber insurance, where she calls upon her prior law firm experience representing insurance carriers in coverage disputes. Kelly frequently presents at industry seminars nationwide on various insurance coverage topics.

Originally posted April 10, 2020

This latest recording for our PL Perspectives on Coronavirus series delves into E&O lines. Mike Mooney, Brett Scher, and Barbara Serafini provide E&O perspectives with a focus on Lawyers, Accountants, and Insurance Professionals. Listen to their discussion below, and stay tuned for more recordings on how coronavirus is affecting the industry.

Mike Mooney, Senior Vice President, Professional Liability Practice Leader at USI Affinity

Mike’s responsibility is to drive growth and provide strategic leadership in the area of professional liability.  Mike’s key focus is the management and development of existing programs, new programs, business development and marketing planning.   Mike oversees the underwriting, operations, and sales departments that support the professional liability programs.

Mike is also responsible for coordinating the program management for USI Affinity’s endorsed insurance programs, including The New York State Bar Association, The New Jersey State Bar Association, Pennsylvania Bar Association, DC Bar, Boston Bar, and Delaware State Bar Association.  With more than 15 years of industry experience, Mike has worked extensively on many facets of insurance programs for professional service firms. Prior to joining USI Affinity, Mike spent over 8 years with Aon in a variety of management roles. Most notably, Mike was the Assistant Vice President and National Sales Manager for Aon Affinity’s Healthcare Division, and spent time as the National Sales Manager for the AICPA Accountant’s Professional Liability Program.

Mike currently sits on the NYSBA Cyber Subcommittee and NJSBA Cyber Security Task Force.  Mike spent 3 years on the NJ Supreme Court AD Hoc Committee on Attorney Malpractice Insurance.  Mike served 3 terms on the Law Practice Management Services Committee of the DC Bar. In 2019, Mike testified in front of the NJ Assembly Judiciary Committee in favor of the passing of A-4880 which would provide legal malpractice reform in NJ.  Mike is a regular speaker and panelist for the Law Practice Sections of the NYSBA, NJSBA, and NJICLE regarding Insurance and Risk Management topics relative to the legal industry.

Brett Scher, Partner at Kaufman Dolowich & Voluk, LLP.

Brett’s practice includes litigation in the fields of professional and cyber liability, class action defense, insurance coverage disputes, and commercial matters. Mr. Scher’s practice addresses litigation on the trial and appellate levels throughout the United States in both state and federal courts. In the area of professional liability, his practice includes complex attorney malpractice claims arising from underlying commercial litigation, securities law, real estate, personal injury, corporate governance, entertainment law, and patent/trademark issues. He also represents several companies with respect to the defense of individual and class action claims under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act and the Racketeer Influenced and Corrupt Organizations Act.  With respect to cyber liability, Mr. Scher handles data security incident responses for law firms and small to medium enterprise companies, including the use of digital forensics, crisis management, consumer notification and regulatory compliance, as well as securing credit monitoring and identity protection services for affected individuals.  In addition, Mr. Scher has successfully defended and resolved multiple data breach-related lawsuits and demands.

Mr. Scher also represents insurance brokers/agents, accountants, actuaries and third party administrators on errors and omissions claims. He also focuses on claims involving real estate issues, including the defense of home appraisers, surveyors, home inspectors, real estate agents, lenders, building management companies, co-op an

Originally Posted on July 16, 2020

The second installment of Cyber Perspectives on Coronavirus focuses on the risks associated with the increase in the remote workforce and the role that HR can play in a company’s cyber risk culture. View the white paper written by one of the speakers, Tom Finan, here.

Gail Arkin, SVP, General Counsel at Berkley Cyber Risk Solutions

Gail Arkin is the General Counsel of Berkley Cyber Risk Solutions, located in  Morristown, NJ.  Her responsibilities include the development of cyber insurance products and managing all regulatory, compliance, distribution and corporate legal matters. Gail has over 20 years of insurance experience, including over 15 years developing cyber products, and previously held the positions of senior vice president & general counsel for a financial lines division, general counsel for a wholesale and retail division, and a claims officer for professional and management liability lines of insurance.

Tom Finan, Cyber Growth Leader at Willis Towers Watson

Tom Finan is a Cyber Growth Leader within Willis Towers Watson’s FINEX Cyber/E&O Practice.  In this role, Tom advances the company’s integrated approach to cybersecurity across all aspects of people, capital, and technology risk.  Tom previously worked as the Chief Strategy Officer of Ark Network Security Solutions.  He also served as Senior Cybersecurity Strategist and Counsel with the Department of Homeland Security’s National Protection and Programs Directorate.  While at DHS, Tom established and led the agency’s cybersecurity insurance initiative in support of implementation of Executive Order 13636, “Improving Critical Infrastructure Cybersecurity.”  To advance that effort, he created DHS’ Cyber Incident Data and Analysis Working Group (CIDAWG), a private-public engagement forum that examined how a cyber incident data repository could help meet the information and analysis requirements of the insurance industry and technical cybersecurity professionals.  Tom previously served as the Staff Director and Counsel for the Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment with the U.S. House Committee on Homeland Security.

James Giszczak, Member at McDonald Hopkins

James is a member at the law McDonald Hopkins. He is chair of the litigation department and  co-chair of the data privacy and cybersecurity practice group. He advises clients regarding data security measures and responding to security breaches involving sensitive personal information and protected health information. He works with clients in a myriad of industries to assess and implement appropriate data security safeguards. Jim also litigates matters involving data security and data privacy, including defending single plaintiff and class action lawsuits.

Originally posted on April 6, 2020

The next installment of our PL Perspectives on Coronavirus tackles the world of cyber. Gail Arkin, James Giszczak, and Jason D. Krauss discuss possible effects of COVID-19 on cyber security and cyber insurance in this recording. Stay tuned to the PLUS Blog for more recordings on how coronavirus is impacting different PL lines.

Gail Arkin, SVP, General Counsel at Berkley Cyber Risk Solutions

Gail Arkin is the General Counsel of Berkley Cyber Risk Solutions, located in  Morristown, NJ.  Her responsibilities include the development of cyber insurance products and managing all regulatory, compliance, distribution and corporate legal matters. Gail has over 20 years of insurance experience, including over 15 years developing cyber products, and previously held the positions of senior vice president & general counsel for a financial lines division, general counsel for a wholesale and retail division, and a claims officer for professional and management liability lines of insurance.

James Giszczak, Member at McDonald Hopkins

James is a member at the law McDonald Hopkins. He is chair of the litigation department and  co-chair of the data privacy and cybersecurity practice group. He advises clients regarding data security measures and responding to security breaches involving sensitive personal information and protected health information. He works with clients in a myriad of industries to assess and implement appropriate data security safeguards. Jim also litigates matters involving data security and data privacy, including defending single plaintiff and class action lawsuits.

Jason D. Krauss, Cyber/ E&O Thought & Product Leader, FINEX North America at Willis Towers Watson

Jason joined Willis Towers Watson in 2016 as a Cyber/E&O Thought and Product Leader.  Jason is a resource on the FINEX North America Cyber/Tech E&O brokerage team, providing dedicated analytical support to the brokers on specific national accounts coupled with thought leadership and developing improved capabilities for the entire team.

Prior to joining WTW, Jason was with Arch Insurance Group for 12 years, where he served as an Assistant Vice President in Enterprise Product Development within the Corporate Underwriting Department and worked closely with underwriters in drafting policies and endorsements. While at Arch, Jason focused on a number of products including Cyber, D&O, EPL and Professional Liability including lawyers, real estate professionals, accountants, captive agents, broker dealers, and architects and engineers.  Before joining Product Development at Arch, Jason managed a claims team in adjusting professional liability claims.

Originally posted on April 14, 2020

The next PL Perspectives on Coronavirus recording is available! Kirsten Beasley, Bill Fleming, and Joseph McMenamin discuss various effects the coronavirus is having and will continue to have on the Healthcare and Med PL industry.

If you are looking for more Medical PL education, you can now earn your Certificate in Medical Professional Liability completely online. You can find more information here: http://plusweb.org/Education/Certificates.

Kirsten Beasley, Head of Healthcare Broking, North America at Willis Towers Watson

As Head of Healthcare Broking, North America, Kirsten drives the broking strategy for  our healthcare industry clients, particularly for the signature lines of insurance that are critical to our healthcare clients in North America  – professional, general  and excess liability.  Kirsten and the team of healthcare specialists in broking, work with our Healthcare Industry group, client advocates and producers to deliver cutting edge insurance programs, grounded in analytics, to our partners.

Kirsten joined WTW in 2016 with nearly 20 years’ experience with the healthcare industry insurance arena as both a broker and an underwriter.  Immediately prior to joining WTW, Kirsten served as Chief Operating Officer, Bermuda and led the North American Healthcare underwriting practice of Allied World Assurance Company (AW).  Kirsten began her insurance career as a large account healthcare and casualty broker with in Bermuda.

Kirsten has authored several articles in the healthcare field and has been a featured speaker on several industry-related educational and professional development panels. Kirsten chairs the D&I Sub-Committee of the Association of Bermuda International Companies and is a co-founder of WeSpeak, a  professional development organization focusing on building presentation skills for women across all industries.

Bill Fleming, Chief Operating Officer at The Doctors Company

Named COO in January 2017, Fleming is responsible for all claims, underwriting, patient safety and risk management, sales and marketing for the nation’s largest physician-owned medical malpractice insurer. He is responsible for the company’s operating subsidiaries, TDC Specialty Underwriters and Medical Advantage Group. Fleming is a 24-year veteran of The Doctors Company and previously served in a number of leadership capacities, including claims, underwriting, product development, and regional operating officer for the Northeast region. He was also integration leader for AP Capital, Advocate MD, and Intermed, as they joined The Doctors Company via acquisition in 2010 (AP Capital) and 2011 (Advocate, MD, and Intermed).

Fleming began his career with Safeco Insurance in casualty claims and later moved to the professional liability sector. He earned a bachelor’s degree in administration, with an emphasis in business law, from California State University, Fresno, and a master of business administration (MBA) from the Ross School of Business at the University of Michigan. He holds leadership positions on boards and committees for numerous insurance and healthcare-related organizations. He is a Registered Professional Liability Underwriter (RPLU) and an Associate in Insurance Services (AIS). Fleming leverages his deep industry insights and longstanding relationships with the company’s stakeholders—members, physicians, agents—to fulfill The Doctors Company mission of advancing, protecting, and rewarding the practice of good medicine.

Joseph P. (“Joe”) McMenamin, Principal at McMenamin Law Offices, PLLC

MLO is a health law boutique serving health care providers, telemedicine companies, and life sciences companies, focusing on legal issues pertinent to distance care, general health law, risk management, and reimbursem

Originally Posted July 23, 2020

Join Kevin LaCroix, Carl Metzger, and Rob Yellen for Part 4 of their discussion on D&O Perspectives on Coronavirus. These speakers continue to look at possible effects of COVID-19 from a variety of D&O perspectives. This recording is part of the ongoing PLUS series PL Perspectives on Coronavirus—past recordings are here on the PLUS Blog, and stay tuned for more discussions to be posted in the coming weeks.

Kevin LaCroix, Executive Vice President at RT ProExec

Kevin LaCroix is an Executive Vice President at RT ProExec, Beachwood, Ohio, a division of R-T Specialty, LLC. RT ProExec is an insurance intermediary focused exclusively on management liability issues. Kevin is also the author of the Internet weblog, The D&O Diary, which the New York Times called “influential” and the Wall Street Journal described as “widely followed.” Kevin has been involved in directors’ and officers’ liability insurance issues for more than 35 years.

Carl Metzger, Partner and Chair of Risk Management & Insurance at Goodwin Proctor

Carl Metzger is a partner in Goodwin’s Financial Industry and Business Litigation practices and Chair of the firm’s Risk Management & Insurance practice and Chair of the firm’s Partnership Committee. His clients include both public and private companies, major insurance carriers and brokerages, private equity and venture capital firms and non-profit and educational institutions. 

Rob Yellen, Executive Vice President, D&O and Fiduciary Liability Product Leader, FINEX at Willis Towers Watson

With over 28 years of Financial Lines industry experience, Rob Yellen is a respected leader in the management and professional liability space. He currently works with Willis Towers Watson, FINEX NA brokers and claims advocates to identify and track developments in risk, coverage and markets, and with our business partners to develop innovative, best-in-class strategies and solutions. Rob joined Willis Towers Watson in 2015 from AIG where, during his 14-year tenure, he served in several key leadership roles–including Chief Underwriting Officer, Financial Lines, U.S. and Canada and, most recently, Head of Product Development for Financial Lines–globally and for the Americas Region.

Originally posted May 11, 2020

Join Kevin LaCroix, Carl Metzger, and Rob Yellen for Part 3 of their discussion on D&O Perspectives on Coronavirus. These speakers continue to look at possible effects of COVID-19 from a variety of D&O perspectives. This recording is part of the ongoing PLUS series PL Perspectives on Coronavirus—past recordings are here on the PLUS Blog, and stay tuned for more discussions to be posted in the coming weeks.

Kevin LaCroix, Executive Vice President at RT ProExec

Kevin LaCroix is an Executive Vice President at RT ProExec, Beachwood, Ohio, a division of R-T Specialty, LLC. RT ProExec is an insurance intermediary focused exclusively on management liability issues. Kevin is also the author of the Internet weblog, The D&O Diary, which the New York Times called “influential” and the Wall Street Journal described as “widely followed.” Kevin has been involved in directors’ and officers’ liability insurance issues for more than 35 years.

Carl Metzger, Partner and Chair of Risk Management & Insurance at Goodwin Proctor

Carl Metzger is a partner in Goodwin’s Financial Industry and Business Litigation practices and Chair of the firm’s Risk Management & Insurance practice and Chair of the firm’s Partnership Committee. His clients include both public and private companies, major insurance carriers and brokerages, private equity and venture capital firms and non-profit and educational institutions. 

Rob Yellen, Executive Vice President, D&O and Fiduciary Liability Product Leader, FINEX at Willis Towers Watson

With over 28 years of Financial Lines industry experience, Rob Yellen is a respected leader in the management and professional liability space. He currently works with Willis Towers Watson, FINEX NA brokers and claims advocates to identify and track developments in risk, coverage and markets, and with our business partners to develop innovative, best-in-class strategies and solutions. Rob joined Willis Towers Watson in 2015 from AIG where, during his 14-year tenure, he served in several key leadership roles–including Chief Underwriting Officer, Financial Lines, U.S. and Canada and, most recently, Head of Product Development for Financial Lines–globally and for the Americas Region.

Kevin LaCroix, Carl Metzger, and Rob Yellen convene for Part 5 of their discussion on D&O Perspectives on Coronavirus. These speakers continue to look at possible effects of COVID-19 from a variety of D&O perspectives. This recording is part of the ongoing PLUS series PL Perspectives on Coronavirus—stay tuned for more discussions to be posted in the coming weeks.