2010 PLUS International Conference D&O Goes Global: Underwriting Insolvencies & Regulatory...

2010 PLUS International Conference

D&O Goes Global:Underwriting Insolvencies& Regulatory Exposures


The Round-Up…

MODERATOR:• Eugene “Tripp” Sheehan, Managing Director, FINPRO, Marsh

USA, Inc.

PANELISTS:• Kemsley Brennan, Solicitor, Colin Biggers & Paisley• Lisa Butera, Vice President, Commercial D&O and Crime,

Chartis Insurance• Perry S. Granof, Esq., Managing Director, Granof International

Group, LLC and Of Counsel, Williams Kastner• Keith Thomas, Chief Underwriting Officer Global Corporate

Financial Lines, Zurich


What’s On Tap…

• Regulatory and Legal Trends

• D&O Issues Associated with Insolvencies

• Key Risk Factors in Underwriting Global D&O

• Unique D&O Contract Issues


General Overview

• Sources of claims and nature of litigation

• Credit crisis driven trends

• Mature and emerging jurisdictions


Regulatory and Legal Trends

• Some Notable Legislative and/or Regulatory Developments: England (Companies Act 2006 & Bribery Act 2010)

China (2006 PRC Company Law)

India (Companies Bill 2009)

Italy (Consumer Code - Article 140-bis 2010)

Brazil


D&O Issues Associated with Insolvencies

• Director Liability Associated with InsolvenciesSome Notable Examples: Netherlands (Ceteco N.V.) France (Nasa Electronique) Canada (Oppression Remedy) Germany (Section 15A of the German

Insolvency Code) Australia (Section 588G of the Corporations Act

of 2001)


Unique D&O Contract Issues

• Notable Coverage Issues and their Impact on D&O Insurance: Insured vs. Insured Investigation Costs Indemnification Tax Liability Licensing Issues (Admitted vs. Non-Admitted

Companies)


Key Risk Factors in Underwriting Global D&O

Key Factors: Financial Risk Operational Risk Growth Strategies/Mergers & Acquisitions Corporate Governance Local regulations impacting D&O liability (e.g.

EPL, Worker Health & Safety, Unfair Competition, Environmental, Anti-Bribery, Criminal Matters, Securities Laws)


Questions&

Answers


Many Thanks To…

• Eugene “Tripp” Sheehan

• Kemsley Brennan

• Lisa Butera

• Perry S. Granof

• Keith Thomas

2010 PLUS International Conference D&O Goes Global: Underwriting Insolvencies & Regulatory...

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