Top Takeaways from Anderson Kill Insurance Conference
Law360's Insurance Authority recapped key insights from Anderson Kill PC's annual policyholder conference. The event is a major forum for discussing complex coverage issues, making its takeaways essential reading for understanding the current legal and risk landscape for large insurance buyers.
The Anderson Kill conference series consistently focuses on emerging and complex risks for policyholders, with recent agendas highlighting the growing threat of "forever chemical" (PFAS) liabilities, high-stakes sexual abuse cases, and the intersection of AI and biometrics. These topics underscore the evolving landscape of corporate accountability and the insurance challenges that follow. A major emphasis is placed on Directors & Officers (D&O) liability, with dedicated roundtables and sessions on how coverage shapes securities and breach of fiduciary duty litigation. Discussions delve into strategic responses to insurance issues that arise from the filing of a complaint through mediation, a critical concern for corporate leadership. Cyber and privacy risks remain a cornerstone of the conference, with sessions addressing insurance coverage for cyber liabilities in a turbulent environment where ransomware attacks are increasing. The dialogue also extends to how various policies, including D&O, crime, and property coverage, may all need to respond in the event of a serious cyber incident. The conference also tackles the impact of major property and environmental events, with conversations centered on losses from natural disasters like fires and hurricanes, and the nuances of smoke damage and flood claims. This reflects the increasing frequency of global catastrophic losses and the ensuing battles over business interruption coverage. A recurring theme is the "State of the Market," featuring broker perspectives on underwriting trends and the availability of coverage for complex risks. This provides attendees with direct insights into how insurers are responding to new liabilities and what policyholders can expect during renewals. Panels frequently dissect the litigation process itself, exploring doctrines like the "reasonable expectations" of an insured and how courts should interpret ambiguous policy language in favor of the policyholder. This focus empowers attendees with legal strategies for maximizing their insurance recovery.