Understand the types of ESG exposures and how D&O and E&O liability insurance policies would respond.
Many professionals, corporate managers, and decision-makers rely upon D&O and E&O liability insurance to guard against losses to third parties who rely upon their duties. D&O and E&O liability insurance protect the business and its professionals, directors, and officers from economic losses caused by mistakes and other wrongful acts in their official capacities.
This program will garner a general understanding of the types of ESG exposures and how D&O and E&O liability insurance policies would respond to such potential exposures. Understanding the problems presented by this emerging issue and the most likely insurance available to help overcome these unforeseen liabilities allows corporate employees to navigate their way to cover for the losses that could occur.
Agenda
Current Environment
- What Is ESG Investing
- 2022 Massive Underperformance
- SEC Proposed Rules on ESG Disclosures
Insurance Basics
- 1st Party vs. 3rd Party Insurance
- Contract Construction
What Are E&O and D&O Liability Insurance?
Coverage Agreement Issues in the ESG Liability Context
- Coverage Agreement
- Loss
- Wrongful Act
- Capacity
- Claims Made vs. Occurrence
- Hammer Clause
- Subrogation
Conditions
Common Exclusions
Additional Resources
Questions and Answers
Speakers
Robert E. Frankel, Esq., AIF®,
Investments & Wealth Institute- Has worked in a variety of legal roles since graduating from Loyola Marymount University School of Law in 1992
- General Counsel at The Investments & Wealth Institute in Greenwood Village, Colorado; has been with the Institute for 10+ years
- Served as Deputy City Attorney for the City of Colorado Springs, Director and Senior Corporate Counsel at DISH Network LLC, and Law Clerk for The Honorable John R. Padova of the US District Court for the Eastern District of Pennsylvania
- Was a shareholder at the law firm of Anderson Kill & Olick, P.C. for nearly 13 years, practice concentrated primarily in real estate litigation on behalf of owners, developers, and landlords and insurance recovery and bad faith litigation solely on behalf of policyholders
- Has written and lectured extensively on various insurance coverage topics including topics involving the intersection of real estate and insurance recovery
- Has three published treatises: Insurance for Real Estate Related Entities (Fast Case 2019), Business Insurance (Fast Case 2019), Insuring Real Property Businesses (Law Journal Press September 2007)
- Has also published numerous articles in various periodicals
- Has lectured extensively on areas within his expertise
- Member in good standing of the Bars of the Supreme Courts of California, Colorado, and Pennsylvania, the United States Courts of Appeals for the Third and Sixth Circuits, and the United States District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania, and the District of Colorado
- J.D. degree, Order of the Coif, Loyola Marymount University Law School; B.A. degree in economics, University of California at Berkeley
- Can be contacted at 303-850-3082 or rfrankel@i-w.org
Who Should Attend
This live webinar is designed for attorneys. Other legal professionals may also benefit from attending.
