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Insurance Coverage Issues for Emerging Technology Risks

(88 reviews)

Produced on May 20, 2019

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Course Information

Time 92 minutes
Difficulty Intermediate

Course Description

How do businesses insure and find insurance coverage for risks arising from new technology? It is a particular challenge to answer this question where a policyholder has only a passing understanding of or lacks any familiarity with the technology at issue. This program examines insurance coverage for new and emerging technology both from a front-end risk management and finance standpoint as well as from a post-loss claims and litigation perspective. In particular, the course will examine coverage for drones, blockchain technology and artificial and augmented intelligence applications.


Learning Objectives:

  1. Plan for and identify new and emerging technology risks in a corporate insurance program
  2. Discuss typical first and third party insurance policies to identify how they might apply in hypothetical use cases involving drones, blockchain technology, and artificial/augmented intelligence
  3. Review of insurance cases that have grappled with coverage for emerging technology risks in the past

Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit

Lawline reports attorney attendance in select states. View more about CLE reporting .

Faculty

Stephen D. Palley

Anderson Kill

Stephen D. Palley is a partner in the Washington D.C. office of Anderson Kill. A seasoned trial lawyer and litigator with extensive experience in insurance recovery, Stephen also has significant hands-on software development and design experience. He is co-chair of Anderson Kill's recently launched Blockchain and Virtual Currency group, a cross-disciplinary team providing counsel to Blockchain entrepreneurs and investors in areas including litigation, trial practice, insurance coverage, tax, intellectual property, corporate/transactional and employment law. Stephen has written and been quoted widely on legal issues arising from the use of Blockchain technology, with appearances in both print and television media.

In two decades of litigation experience, Stephen has handled a wide variety of commercial disputes in state and federal courts across the United States, including significant construction insurance and environmental insurance matters. His most recent trial experience includes a Fall 2017 jury trial in federal court regarding coverage for decades of environmental cleanup costs under insurance policies issued in the 1970s, leading to an eight figure jury verdict in favor of the policyholder. He has also represented owners, general contractors, construction managers and others in insurance transactions concerning tens of billions of dollars' worth of construction projects throughout the United States.

In the area of software design and development, Stephen has worked with clients to develop a wide range of compliance driven software platforms, including direct response advertising and dispute resolution software, as well as advising clients developing platforms with blockchain functionality.

Stephen was selected for inclusion in the 2019 The Best Lawyers in America list for Insurance Law. In 2018, Stephen was recommended in The Legal 500 United States for Insurance - advice to policyholders.



Daniel J. Healy

Anderson Kill

Daniel J. Healy is a partner in Anderson Kill's Washington, D.C. office. He started his career with Anderson Kill and then served over five years as a Trial Attorney with the U.S. Department of Justice, Tax Division. He appeared as lead trial counsel in federal and state courts across the country, received numerous Outstanding Attorney awards and served as the E-Discovery Coordinator for the Tax Division.

Dan currently is the Deputy Co-Chair of Anderson Kill's Cyber Insurance Recovery Practice Group, and a member of the firm's Blockchain & Virtual Currency and Regulated Products Groups.  Dan was selected by his peers for inclusion in the 2019 The Best Lawyers in America list for Insurance Litigation and was recognized by Super Lawyers as a Super Lawyer for Insurance Coverage.

He represents policyholders seeking insurance coverage. He has experience obtaining coverage under a variety of insurance policies relating to directors and officers liabilities, business interruptions, environmental liabilities, health benefits, property damage, asbestos products, title insurance liabilities, and intellectual property disputes. He has represented railroads, banks, financial service providers, manufacturers, retailers, technology companies and food and beverage providers.

Dan also litigates all areas of intellectual property. He has represented trademark owners in disputes involving domain names, cybersquatting, online infringement and reverse confusion, has appeared before the Trademark Trial and Appeal Board and has litigated claims of unfair competition, copyright infringement and patent infringement.  He also successfully represented a client against the U.S. Patent and Trademark Office.