THE LAW OF COMMERCIAL SURETY AND MISCELLANEOUS BONDS - May 4-6, 2022 Marriott Hilton Head Resort & Spa Hilton Head Island, South Carolina ...
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THE LAW OF COMMERCIAL SURETY AND MISCELLANEOUS BONDS May 4–6, 2022 Marriott Hilton Head Resort & Spa Hilton Head Island, South Carolina Sponsored by Tort Trial & Insurance Practice Section Fidelity & Surety Law Committee
GREETINGS Dear FSLC Members, I am excited to introduce the programing for the first LIVE ABA Tort Trial and Insurance Practice Section (TIPS) Fidelity and Surety Law Committee (FSLC) Surety conference in over two years. We had a great Fall Fidelity Program in New York in November and had to postpone our Midwinter meeting to August. However, Hilton Head Island is a great place to get our surety professionals together for a once in a decade program on commercial surety. The Spring Surety meeting will be at the beautiful Marriott Hilton Head Resort & Spa. Co- Editors and Program Co-Chairs Sam Arena, Julie S. Alleyne, Kathryn Truman, and Justin Wear have worked with their team of authors to produce the 3rd Edition of the Law of Commercial Surety and Miscellaneous Bonds. The Co- Chairs have put together a fantastic day and a half of programing presenting issues that are encountered when underwriting and navigating the claims process on commercial surety and miscellaneous bond products. In addition to a day and a half of timely and valuable programing, this is the opportunity for us to gather to make new connections, strengthen existing networks, and connect with friends. I ask for your support and attendance to help support the FSLC and allow us to continue the tradition of providing the greatest series of educational and networking opportunities in our industry. We have confirmed that sureties are lifting and/or relaxing travel restrictions and plan to bring their claims and underwriting teams to attend and support our program. The FSLC will conduct a Vice-Chairs’ Business Meeting on Wednesday at 4:00. We ask all FSCL Vice-Chairs and other leaders to attend and welcome any others that wish to attend. After the Leadership Meeting, we will host a welcome Reception on Wednesday evening beginning at 5:30 PM. Please make plans to drop by to catch up with friends and colleagues. We will also host a reception on Thursday evening from 5:30 PM – 7:30 PM. Whether you are an experienced surety underwriter or claims professional or new to the industry, this is a great opportunity to learn from leading professionals in our industry. It also is a chance to make important personal and professional connections. I encourage you to register for the conference and make your hotel reservations as soon as possible. Our hotel block often fills up and I would not want you to miss out on our beautiful host hotel. Come help us continue the tradition of the Spring Surety Conference. I look forward to seeing you all on Hilton Head Island! Jeffrey S. Price Chair, ABA TIPS Fidelity and Surety Law Committee Manier & Herod, Nashville, TN
AGENDA WEDNESDAY, MAY 4, 2022 2:00 PM – 5:00 PM EARLY REGISTRATION 4:00 PM – 5:30 PM VICE-CHAIRS’ BUSINESS MEETING 5:30 PM – 7:00 PM WELCOMING RECEPTION THURSDAY, MAY 5, 2022 7:00 AM – 8:15 AM CONTINENTAL BREAKFAST AND REGISTRATION 8:15 AM – 8:30 AM WELCOMING REMARKS AND INTRODUCTIONS SPEAKERS: Jeffrey S. Price, Committee Chair, Manier & Herod, P.C., Nashville, TN Kathryn M. Truman, Program Co-Chair, Westfield, Westfield Center, OH Samuel J. Arena, Jr., Program Co-Chair, Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA 8:30 AM – 9:15 AM COMMERCIAL SURETY—THE UNDERWRITER’S PERSPECTIVE This panel discussion will focus on the underwriters’ view of the state of the industry, criteria for issuing commercial surety and miscellaneous bonds, the nuances of coverage under those bonds, dealing with obligees, agents and the in-house claims departments, new products, and changes in the market, MODERATOR: Kathryn M. Truman, Westfield, Westfield Center, OH PANELISTS: Craig Gortner, Chubb, Philadelphia, PA Beth Harbeck, Old Republic, West Des Moines, IA Maureen DiMatteo, Travelers, Hartford, CT Susan Jordan, Westfield, Charlotte, NC 9:15 AM – 10:00 AM “SHOW ME THE MONEY”—BONDS IN FINANCIAL DEALINGS FINANCIAL GUARANTY INSURANCE AND BONDS Although determining whether a bond constitutes “financial guaranty insurance” (FGI) or “surety insurance” often requires a painstaking analysis of statutes known to be confusing and circular in nature, achieving that clarity that often is necessary in order for a multiline insurer to avoid issuing unauthorized FGI and incurring various statutory penalties and administrative discipline. This session will examine, among other issues: (a) the difference between surety insurance and FGI, (b) why that difference matters to multiline insurers that issue surety bonds, (c) whether insurers who are domiciled outside of the State of New York, in light of New York’s “Appleton Rule,” may be required to examine these issues under New York law, and (d) interrelated questions that arise in the context of international FGI. SPEAKERS: Darren Grzyb, Chiesa Shahinian & Giantomasi, P.C., West Orange, NJ Chris Indelicato, Liberty Mutual, King of Prussia, PA Scott Lichtenstein, Chiesa Shahinian & Giantomasi, P.C., West Orange, NJ Steven S. Katz, Chiesa Shahinian & Giantomasi, P.C., West Orange, NJ
AGENDA LOST INSTRUMENTS BONDS This presentation will address the situation where an owner of a valuable instrument, such as a stock certificate, needs a replacement because the original is lost, stolen or destroyed. If a replacement is needed, the issuer will require a lost instrument bond. Posting a “sufficient” lost instrument bond is a strict prerequisite to the reissuance of certain instruments governed by the Uniform Commercial Code. The specialized nature of lost instrument bonds presents unique issues for a surety. The presenters will identify several issues and considerations in dealing with claims on a lost instrument bond. SPEAKERS: David C. Veis, Robins Kaplan, LLP, Los Angeles, CA Jonathan Schneider, Tokio Marine HCC, Los Angeles, CA 10:00 AM – 10:15 AM MORNING BREAK 10:15 AM – 10:45 AM ALL THAT GLITTERS IS NOT GOLD THE COMMERCIAL SURETY’S COLLATERAL IN A PRINCIPAL’S BANKRUPTCY CASE Do you know what terms are in the debtor’s proposed disclosure statement and plan of reorganization and how those proposed terms might impact the surety’s collateral? The provisions of these documents can have drastic impacts on the surety and its collateral in bankruptcy. After the plan of reorganization has been approved, do you understand the scope and reach of the release and discharge provisions? The discharge and release provisions can be extremely broad and can have surprising application to a surety’s post-confirmation activities such as pursuing salvage and/or indemnity against third parties. Will your irrevocable letter of credit survive bankruptcy? The terms of your letter of credit may create problems in bankruptcy, excess proceeds of a letter of credit may become property of the estate and there is a potential for preferences. This session will examine these important issues relating to a surety’s collateral in bankruptcy. SPEAKERS: Michael A. Stover, Wright Constable & Skeen, LLP, Baltimore, MD Nina M. Durante, Liberty Mutual Insurance Company, Seattle, WA 10:45 AM – 11:45 AM IF YOU BUILD IT–COMMERCIAL BONDS IN CONSTRUCTION DEVELOPERS AND SUBDIVISION BONDS How are subdivision bonds different from bonds provided for public works? What parties have standing to assert claims against these bonds and what kind of claims are covered? This session will address three key issues that have emerged in recent subdivision bond claims and surety recovery cases. One relatively recent state supreme court case obliterated the distinction between subdivision bonds and performance and payment bonds for public works. Several cases have addressed the surety’s ability to recover from successor developers, while others have blessed arrangements for successor developers to recover from the original developers’ sureties, and other cases addressed developer bankruptcies treatment of the sureties’ recovery rights from successor developers. This session will explore these cases and the reasons why courts stray from the language, intent and purpose of subdivision bonds and how sureties can take steps to avoid problems of misinterpretation and better advocate the intended scope and purpose of these bonds. SPEAKERS: T. Scott Leo, T. Scott Leo, P.C., Chicago, IL Michael J. Dudek, RLI Insurance Company, Chicago, IL Ralph J. Kooy, T. Scott Leo, P.C., Chicago, IL
AGENDA RECLAMATION BONDS Reclamation bonds are unique in the universe of surety bonds. They protect not only the obligee, but also safeguard the environment from the well-known adverse impact of the extractive industries such as mining and oil and gas production. This session will review the major environmental laws related to reclamation bond requirements. It also will address how changes in energy and materials use are affecting the bonded principals and how the bankruptcies of those principals pose a risk to the affected sureties. The session will be particularly useful for surety underwriters and claims professionals. SPEAKERS: W. Blaine Early, III, Stites & Harbison, PLLC, Lexington, KY Laura M. Murphy, Travelers, Hartford, CT Robert Scanlon, Travelers, Hartford, CT MECHANICS’ LIEN DISCHARGE BONDS Speakers will provide a summary overview of the law applicable to mechanics’ lien discharge bonds, including the nature and purpose of lien discharge bonds, the scope of the surety’s liability, the surety’s defenses, and the surety’s subrogation and contribution rights related to lien discharge bonds. SPEAKERS: Jonathan J. Dunn, SMTD Law, LLP, Irvine, CA Derek Popeil, Chubb, Basking Ridge, NJ 11:45 AM – 1:00 PM LUNCH (ON YOUR OWN) Fidelity Surety Law Committee Women’s Involvement Luncheon 1:00 PM – 1:15 PM AFTERNOON ANNOUNCEMENTS AND INTRODUCTIONS SPEAKERS: Jeffrey S. Price, Committee Chair, Manier & Herod, P.C., Nashville, TN Justin D. Wear, Program Co-Chair, Manier & Herod, P.C., Nashville, TN Julie S. Alleyne, Program Co-Chair, The Surety & Fidelity Association of America, Washington, D.C. 1:15 PM – 2:00 PM TAKING CARE OF BUSINESS–BONDS FOR EMPLOYERS FRINGE BENEFIT BONDS Fringe benefit bonds cover the employer principal’s obligation to pay fringe benefits due under union contracts and federal jobs covered by prevailing wage laws like the Davis-Bacon Act. In this session, the speakers will review different fringe benefit bond forms and discuss how the different bond forms frame the available coverage and defenses to fringe benefit bond claims. The speakers also will assess the allocation of claims between and among existing payment bonds, bonds provided to individual union funds, and other available sources for payment of fringe benefit claims. SPEAKERS: David C. Olson, New England Surety Law, Jamaica Plain, MA Ellen Cavallaro, Berkley Surety Group, LLC, Morristown, NJ James D. Houston, Strauss Troy, Cincinnati, OH
AGENDA WORKERS’ COMPENSATION BONDS In the highly regulated world of workers’ compensation, workers’ compensation bonds provide security for the obligations of employers who choose to self-insure. Learn about common recurring issues, such as liability for long tail and future claims, potential exposure to costs above the penal sum for administration and legal fees, the surety’s obligation in some jurisdictions for claims administration and discharge or termination of the surety either through replacement coverage or exhaustion of the penal sum of the bond. The presenters will discuss their experience in handling these claims and provide perspectives from in-house and outside counsel regarding the critical actions to take early in the process to define and limit the surety’s overall exposure. SPEAKERS: CharCretia V. Di Bartolo, Watt Tieder Hoffar & Fitzgerald, LLP, Boston, MA Gary Case, ACSTAR Insurance Co., Farmington, CT 2:00 PM – 3:00 PM HERE COMES THE JUDGE! BONDS RELATED TO COURT ORDERS PROBATE BONDS What are the cutting-edge issues in probate bond claims? Does a probate bond afford coverage where a fiduciary rents commercial or residential property in the estate and the estate is sued for personal injuries sustained by tenants or invitees? Where the estate operates a business at a loss to the estate? Where the estate operates a business and the estate is sued by third parties for contract disputes or business torts? Can a probate bond be converted under certain circumstances to the close equivalent of liability coverage or a commercial guarantee? This session will explore the exposures confronting a surety where its principal engages in commercial conduct on behalf of the estate, both large and small, and will suggest strategies for attempting to limit probate bond coverage to its intended scope. SPEAKERS: Matthew M. Horowitz, Wolf, Horowitz & Etlinger, LLC, Hartford, CT Brian Lebrun, The Hanover Insurance Co., Worcester, MA JUDICIAL BONDS What are judicial bonds, what purposes do they serve, and what are “rules of the road” in addressing claims under judicial bonds? This presentation introduces the pertinent federal civil and appellate rules, federal statutes, and interpretive decisional law applicable to judicial bonds. While each state’s rules and statutes differ, many are similar to, or otherwise track, concepts found in the federal scheme. Accordingly, this presentation is intended to introduce concepts that could be pertinent in multiple jurisdictions and, more broadly, will endeavor to provide a practical “real-world” guide to addressing claims under judicial bonds. SPEAKERS: Scott C. Williams, Manier & Herod, P.C., Nashville, TN Gina Lockwood, Merchants Bonding Co., West Des Moines, IA COMMERCIAL BAIL BONDS Learn about the fundamental ways in which bail bonds differ from other kinds of surety bonds. Speakers will address both sides of the heated social justice debates recently surrounding the use of bail bonds based on the 8th Amendment and pretrial freedom in the context of wealth. SPEAKERS: Jeffrey Clayton, American Bail Coalition, Franklinville, NJ Leah Schoen, AIA Surety, Westlake Village, CA
AGENDA 3:00 PM – 3:15 PM AFTERNOON BREAK 3:15 PM – 4:45 PM A LICK AND A PROMISE: OTHER FAITHFUL PERFORMANCE BONDS BANKRUPTCY TRUSTEE/RECEIVER AND TRUSTEE BONDS What do bankruptcy trustees actually do? Who is the bankruptcy trustee bond meant to protect, and how are bond claims made and determined? By what standard will the Court review the bankruptcy trustees’ decisions and actions to decide if liability should be imposed upon him/her personally and upon the trustee bond surety? Are there really three different standards being applied in one federal court system? How long does a claimant have to bring a claim on the bond? If the principal defaults and the surety must pay on the bond, how are subrogation rights of the surety uniquely strong under these circumstances? SPEAKERS: Chad L. Schexnayder, Jennings Haug & Cunningham, LLP, Phoenix, AZ Susan Jordan, Westfield, Charlotte, NC Matthew H. Sloan, Jennings Haug & Cunningham, LLP, Phoenix, AZ PUBLIC OFFICIAL BONDS Accounting for public funds is a sensitive subject, especially in the current economic climate. Learn about handling public official bond claims. Surety law can be asserted, but politics may intrude. Hear also about sheriff’s and other public official bonds where civil rights claims are common and liability insurance may not always be available. SPEAKERS: Patrick R. Kingsley, Stradley, Ronon, Stevens & Young LLP, Philadelphia, PA Gerald N. Carozza, Jr., Selective Insurance Co. of America, Branchville, NJ NOTARY BONDS How widespread has the Revised Uniform Law on Notarial Acts become in recent years? Are states continuing to trend towards uniformity or are there some that continue to resist? What is remote online notarization (“RON”) and is it here to stay? What risks does RON pose to notary bond sureties and how can those risks be mitigated? This session will examine these new developments and others that have the potential to fundamentally change the notarization process as we know it. SPEAKERS: Douglas Wynn, Simon, Peragine, Smith & Redfearn, LLP, New Orleans, LA Michael Safris, Nationwide Mutual Insurance Company, Des Monies, IA WAREHOUSE BONDS This session will focus on the intersection of surety law and the law of deposit starting with an historical overview of warehouse bonding in the United States, including the United States Warehouse Act and state laws governing warehousing. The presenters will discuss current issues in the world of warehouse bonding, including preemption under the United States Warehouse Act and standard of care issues. SPEAKERS: Elliot Scharfenberg, Krebs Farley & Dry, New Orleans, LA Chris Simmelink, Hudson Insurance Group, New York, NY 4:45 PM – 5:00 PM CLOSING REMARKS AND ANNOUNCEMENTS 5:30 PM – 7:30 PM RECEPTION & DINNER
AGENDA FRIDAY, MAY 6, 2022 7:00 AM – 8:15 AM CONTINENTAL BREAKFAST 8:15 AM – 8:30 AM INTRODUCTIONS AND ANNOUNCEMENTS SPEAKERS: Jeffrey S. Price, Committee Chair, Manier & Herod, P.C., Nashville, TN Julie S. Alleyne, Program Co-Chair, The Surety & Fidelity Association of America, Washington, D.C. Justin D. Wear, Program Co-Chair, Manier & Herod, P.C., Nashville, TN 8:30 AM – 9:15 AM COMMERCIAL SURETY—THE CLAIM PROFESSIONAL’S PERSPECTIVE This panel discussion will focus on issues facing the in-house claims professional when responding to claims under commercial surety and miscellaneous bonds, notice provisions, recovering collateral and establishing indemnity rights, use of outside counsel, and the handling of claims under these various types of bonds. SPEAKERS: Justin D. Wear, Moderator, Manier & Herod, P.C., Nashville, TN Katie McFadden DeCree, Arch Insurance Company, Philadelphia, PA Lisa Jennings, Sompo International, Mt. Juliet, TN Jennifer Leuschner, Philadelphia Indemnity Ins. Cos., Bala Cynwyd, PA Laura M Murphy, Travelers, Hartford, CT 9:15 AM – 9:50 AM NON-GLAMOROUS WORKHORSES: LICENSE AND TAX BONDS LICENSE AND PERMIT BONDS What distinguishes license and permit bonds from other surety bonds? How do courts determine the limits of liability of license and permit bonds? Are those limits continuous or cumulative? How does a state government differ from a typical commercial oblige? This session will examine some of the unique challenges associated with administering and litigating license and permit bonds. SPEAKERS: Connor L. Cantrell, The Hustead Law Firm, P.C., Denver, CO Patricia M. Framke, CapSpecialty Insurance Co., Middleton, WI INTERNAL REVENUE EXCISE BONDS Internal revenue excise bonds, also known as ATF (Bureau of Alcohol, Tobacco, and Firearms) or TTB (Alcohol & Tobacco Tax & Trade Bureau) bonds, have a long history, dating back to the 1791 whiskey tax championed by Treasury Secretary Alexander Hamilton. Today, developments such as the emergence of small craft breweries, the proliferation of distilleries and, most recently, online sales of alcoholic beverages, have radically changed the way that alcoholic beverages are produced, sold and consumed in the United States. The changes brought about by COVID-19 and the gradual transition to a post-COVID world have only accelerated these changes and given rise to further innovations, such as the widespread legalization of to-go alcoholic beverage sales. This session will address the way that alcohol is taxed has evolved and will need to continue to evolve to meet the needs of a changing landscape and the role of excise tax bonds in the process. SPEAKERS: Amanda T. DiMatteo, Peabody & Arnold, LLP, Boston, MA Frank J. Tanzola, IAT Surety, Newark, NJ 9:50 AM – 10:05 AM MORNING BREAK
AGENDA 10:05 AM – 11:05 AM FEDERAL NICHES IN COMMERCIAL SOCIETY CUSTOM BONDS AND CLAIMS LITGATION This session will provide a brief overview of U.S. customs law and the role of the surety bond in facilitating the flow of international trade into the United States. Learn also about the ever-increasing customs surety industry need for collateral security, Customs and Border Protection’s requirement for additional security and the diseconomies to the trade community that result from “bond stacking,” methods to untangle the tie-up of capital that results from bond stacking by recycling collateral, and best practice requirements for the orderly return of collateral. SPEAKERS: T. Randolph Ferguson, Sandler, Travis & Rosenberg, P.A., Chicago, IL Stephen Taylor, The Surety & Fidelity Association of America, Washington, D.C ADMIRALTY & MARITIME BONDS Commercial suretyship products are a greater prominence in admiralty and maritime law. These speakers will explore the availability and utility of modern commercial products in the admiralty context. SPEAKERS: Maura Z. Pelleteri, Pugh Accardo, LLC, New Orleans, LA Robert G. Lavitt, Argonaut Surety, Hartford, CT MEDICARE AND MEDICAID BONDS Learn about the bond requirements under Medicare and Medicaid for providers of healthcare services and supplies. What is covered under the bonds? Have there been any recent developments? This presentation will focus especially on two competing interpretations of the coverage type under a Medicare bond for durable medical equipment suppliers: claims made or occurrence, with illustrative hypotheticals. SPEAKERS: Robert J. Duke, Markel Insurance Company, Glen Allen, VA Omar Harb, Lipson Neilson, P.C., Bloomfield Hills, MI 11:05 AM CLOSING REMARKS AND ANNOUNCEMENTS
REGISTRATION FORM ABA TORT TRIAL & INSURANCE PRACTICE SECTION (TIPS) 2022 FIDELITY & SURETY LAW SPRING CONFERENCE Marriot Hilton Head Resort and Spa • Hilton Head Island, SC • May 4-6, 2022 REGISTRATION DEADLINE: APRIL 22, 2022 1. REGISTRANT: (Please print or type one form per person; photocopy this form for additional registrants) LAST NAME FIRST NAME MI NAME AS YOU WISH IT TO APPEAR ON YOUR BADGE FIRM/COMPANY ADDRESS CITY STATE ZIP (AREA CODE) BUSINESS TELEPHONE E-MAIL ADDRESS Are you attending your first TIPS Conference? o Yes o No How many Fidelity and Surety Law Committee Programs have you attended (including this one)? o 3 or less o 4 or more o I am a member of the ABA and wish to join the Tort Trial & Insurance Practice Section and I have enclosed a separate check for $65 made payable to the American Bar Association. 2. REGISTRATION FEES: On or Before After 4/22/22 4/22/22 QTY Total List Price $675 $700 _____ _____ ABA Member $575 $600 _____ _____ TIPS Member $550 $575 _____ _____ Insurance Company Employee TIPS/Insurance Co. $200 $225 _____ _____ Non TIPS/Insurance Co. $275 $300 _____ _____ Law Student $50 $75 _____ _____ 3. SOCIAL EVENTS: (Although the events below are complimentary, we need to know if you will attend.) o Yes o No Welcome Reception o Yes o No Evening Cocktail Hour/Dinner/Entertainment 4. MATERIALS o I will not be attending the 2022 Spring Fidelity Conference and wish to order program materials online for $200. o I have registered for the 2022 Spring Fidelity Conference and also wish to order program materials for the 2022 Spring Fidelity Meeting. o TIPS Member $200 o Non-TIPS Member $250 5. TOTAL PAYMENT TOTAL ______ RESET
6. PAYMENT INFORMATION o Check (made payable to the ABA) o American Express o MasterCard o VISA CREDIT CARD NUMBER EXPIRATION DATE SIGNATURE HEALTH & SAFETY: The ABA takes the health and safety of our members, guests, and staff seriously. We know that the decision whether to attend a meeting is based upon a variety of personal and business considerations. We will continue to monitor a variety of sources, including the U.S. Centers for Disease Control and Prevention (CDC) and U.S. state and local health authorities for the latest public health updates, as well as applicable restrictions on events and gatherings. The ABA plans to hold this meeting in person but reserves the right to cancel or reschedule this event or convert it to a virtual event if health and safety restrictions require it. We will update the registrants and the website should the plans for this event change. As part of the registration process to hold this ABA meeting in person, every attendee is required to affirm his/her commitment to comply with the in-person meeting guidelines. Please review the requirements carefully prior to registering for the meeting. You will be asked to accept the following affirmations during the registration process: o By registering for and attending the meeting, I affirm that I will provide, prior to the meeting, either proof of full vaccination as defined by the CDC or a negative viral COVID test administered by a healthcare professional taken within 3 days of my arrival at the meeting. If a shorter interval is required by law, I will comply with the shorter interval testing, as instructed by ABA staff. I will wear my meeting badge (provided on site after verification of full vaccination or negative viral COVID test) in meeting and event spaces at all times. I understand that collection of proof of full vaccination and negative viral COVID tests will be handled by a third-party provider and instructions will be emailed to me closer to the meeting date. o If I am bringing a guest, including minors under the age of 18, to the meeting, I understand that my guest must be registered using a unique email address for the meeting to be in the meeting space or group functions associated with the event and must submit either proof of full vaccination or negative viral COVID test administered by a healthcare professional taken within 3 days of my guest’s arrival at the meeting. o By registering a guest, including minors under the age of 18, I understand that my guest may not be allowed to attend certain events or meeting functions. The ABA entity hosting the meeting will communicate which events are available to guests. o By registering a minor, I understand that I will be required to complete and sign a parental consent form provided by the ABA during on-site registration. By registering and bringing a minor to the meeting, I understand that I will need to bring either the minor’s proof of full vaccination as defined by the CDC or the minor’s negative viral COVID test administered by a healthcare professional taken within 3 days of my arrival at the meeting. I also understand that I, along with the minor, will not be permitted entry if proof of vaccination or negative viral COVID test is not provided to the ABA staff at on-site registration. o By registering for and attending the meeting, I affirm that I will comply with all CDC, federal, state, local, and venue-specific laws, orders, directives, and guidelines related to COVID and attending the meeting. o By registering for and attending the meeting, I affirm that I have read and will comply with CDC guidance related to hand sanitation, social distancing, and use of face coverings. I affirm that I will follow any more stringent state, local, or venue requirements related to hand sanitation, social distancing, and use of face coverings in place at the location of the meeting. o I will also follow all travel restrictions in place at the location of the meeting and my point of origin at the time of the meeting. o I will not attend the meeting if I have tested positive for COVID within fourteen (14) days of the meeting, am experiencing symptoms of COVID, or have been in close contact with someone who has COVID. If at any time during the meeting I begin to experience symptoms of COVID, or am in contact with someone experiencing symptoms, I will immediately leave the meeting and inform the ABA. If I test positive for COVID within 10 days after the meeting, I will inform the ABA. The requirements in this affirmation also apply to any minor(s) attending the meeting with me. o I understand that my guests, including minors under the age of 18, and I may be required to complete health screening questions after arrival at the meeting to access ABA meeting and event spaces. TWO WAYS TO REGISTER 1. ONLINE: 2. MAIL: americanbar.org/tips American Bar Association Tort Trial & Insurance Practice Section 2022 Fidelity and Surety Law spring conference Attn: Service Center/Event Meeting Code: IL2205FSS 321 North Clark Street, Floor 19 Chicago, IL 60654
GENERAL INFORMATION Registration Deadline: April 22, 2022 ADVANCE REGISTRATION AIRLINE INFORMATION Visit the TIPS website to register at www. ABA NEGOTIATED AIRFARE DISCOUNTS— americanbar.org/tips or complete the AVAILABLE ONLINE! registration form included in this brochure for the Fidelity and Surety Law Spring Conference. *A Travel Profile i s r equired w hen b ooking airline reservations with ABA Egencia The registration fee includes admission to the program, course materials, breakfast, breaks, and reception. If you wish to have your name CLE CREDIT appear on the pre-registration list distributed The ABA will seek 8.83 hours of CLE credit in at the program, ALL registration forms must be 60-minute states, and 10.6 hours of CLE credit received no later than the registration deadline for this program in 50-minute states, including of April 22, 2022. Registration reservations will hours of Ethics credit in 60-minute states and be confirmed in writing within 10 business days. hours of Ethics credit in 50-minute states. Credit hours are estimated and are subject ON-SITE REGISTRATION to each state’s approval and credit rounding rules. Please visit the program website at On-site registrations will be accepted if space ambar.org/tips for program CLE details or visit is available. Call Theresa Beckom at (312) 988- americanbar.org/mcle for general information 5672 or email theresa.beckom@americanbar. on CLE at the ABA. org, 72 hours prior to the program to confirm that space is available. On-site registrants must pay the program fee by credit card or check made payable to the American Bar MEMBERSHIP INFORMATION Association. A $25 fee will be charged to individuals registering on-site. For more information about membership in the ABA or the Tort Trial & Insurance Practice Section (TIPS), please visit us online at https:// CANCELLATION POLICY www.americanbar.org/groups/tort_trial_ No registration fee refunds will be granted for insurance_practice/membership/ or call 800/ cancellations received after April 22, 2022. 285-2221. Membership in TIPS includes three To receive a refund (less a $50 administrative industry-leading periodicals, discounts of up fee), the ABA must receive written cancellation to 20% on many TIPS CLE programs, and other notice by April 22, 2022. Registrants who are career and practice-enhancing benefits. Join unable to attend may send a substitute or will TIPS today! receive course materials in lieu of a refund. PERSONS WITH DISABILITIES HOTEL INFORMATION Services for persons with disabilities are For Reservations call: 843-686-8400 available. If special arrangements are required for an individual to attend this program, please Reserve Online: Marriott Hilton Head Resort & Spa notify Theresa Beckom at either (312) TIPS Fidelity and Surety Law Spring Conference 988-5672 or at A limited number of rooms have been blocked theresa.beckom@americanbar.org promptly. for program registrants of the 2022 Reasonable notice is requested. Fidelity and Surety Law Spring Conference for a hotel room rate of $229 single/double plus tax. GET CONNECTED WITH TIPS For reservations, please call the hotel directly Information on this and other TIPS CLE at 843-686-8400. The room block will be held programs is available online at ambar.org/tips. until exhausted or until Tuesday, April 12, 2022, Visit us and get connected! at 5:00 p.m. (CST). After the meeting specified hotel deadline, reservations will be confirmed based on availability. Please refer to the ABA Tort, Trial & Insurance Practice Section 2022 Fidelity and Surety Law Spring Conference when calling the hotel to make reservations. Hotel check-in is 4:00 p.m. and checkout is 12:00 p.m. All reservations must be guaranteed by credit card or deposit check for one night’s room and tax. Individuals with guaranteed reservations must cancel their reservations 48 hours prior to the scheduled day of arrival to avoid a one-night cancellation charge. SCHOLARSHIPS AVAILABLE! Scholarships are available for all Section activities, courtesy of the TIPS Scholarship Fund. The Fund, established with the International Risk Management Institute (“IRMI”) and supported by subscriptions to the IRMI CGL Reporter, is intended to increase membership involvement in TIPS’ activities by minorities, solo and small firm practitioners, government attorneys, women, and young lawyers by providing financial support to those who would otherwise be unable to participate. To request an application or receive additional information, visit https://www.americanbar.org/groups/tort_trial_insurance_practice/membership/ or contact Norma Compos at Norma.Compos@americanbar.org for more information and an application.
FACULTY Jeffrey S. Price, FSLC Amanda T. DiMatteo Matthew M. Horowitz Committee Chair Peabody & Arnold, LLP Wolf Horowitz & Manier & Herod, P.C. Boston, MA Etlinger, LLC Nashville, TN Hartford, CT Maureen DiMatteo Julie S. Alleyne, Program Travelers James D. Houston Co-Chair Hartford, CT Strauss Troy The Surety & Fidelity Cincinnati, Ohio Association of America Michael J. Dudek Washington, D.C. RLI Insurance Company Chris Indelicato Chicago, IL Liberty Mutual Surety Samuel J. Arena, Jr., King of Prussia, PA Program Co-Chair Robert J. Duke Stradley, Ronon, Stevens & Markel Insurance Company Lisa Jennings Young, LLP Glen Allen, VA Sompo International Philadelphia, PA Mt. Juliet, TN Jonathan J. Dunn Kathryn M. Truman, SMTD Law, LLP Susan B. Jordan Program Co-Chair Irvine, CA Westfield Insurance Westfield Charlotte, NC Westfield Center, OH Nina M. Durante Liberty Mutual Insurance Steven S. Katz Justin D. Wear, Program Company Chiesa, Shahinian & Co-Chair Seattle, WA Giantomasi, P.C. Manier & Herod, P.C. West Orange, NJ Nashville, TN W. Blaine Early, III Stites & Harbison, PLLC Patrick R. Kingsley George J. Bachrach Lexington, KY Stradley, Ronon, Stevens & Wright Constable & Young, LLP Skeen, LLP T. Randolph Ferguson Philadelphia, PA Baltimore, MD Sandler, Travis & Rosenberg, P.A. Ralph J. Kooy Connor Cantrell San Francisco, CA The Law Offices of T. Scott The Hustead Law Firm Leo, P.C. Denver, CO Patricia A. Framke Chicago, IL CapSpecialty Insurance Gerald N. Carozza, Jr. Company Robert G. Lavitt Selective Insurance Middleton, WI Argonaut Surety Company of America San Antonio, TX Branchville, NJ Craig Gortner Chubb Brian Lebrun Gary M. Case Philadelphia, PA The Hanover Insurance ACSTAR Insurance Company Company Darren Grzyb Worcester, MA Farmington, CT Chisea Shahinian & Giantomasi, P.C. T. Scott Leo Ellen M. Cavallaro West Orange, NJ The Law offices of T. Scott Berkley Surety Group, LLC Leo. P.C. Morristown, NJ Omar J. Harb Chicago, IL Lipson Neilson, P.C. Jeffrey J. Clayton Bloomfield Hills, MI Jennifer Leuschner American Bail Coalition Philadelphia Indemnity Franklinville, NJ Beth Harbeck Ins. Co. Old Republic Bala Cynwyn, PA CharCretia V. Di Bartolo West Des Moines, IA Watt, Tieder, Hoffar & Fitzgerald, LLP Boston, MA
FACULTY Scott W. Lichtenstein Michael A. Safris Michael A. Stover Chisea, Shahinian & Nationwide Mutual Wright Constable & Giantomassi, P.C. Insurance Company Skeen, LLP West Orange, NJ Des Moines, IA Baltimore, MD Gina Lockwood Robert Scanlon Frank J. Tanzola Merchants Bonding Travelers IAT Surety Company Hartford, CT Newark, NJ West Des Moines IA Elliot Scharfenberg Stephen Taylor Katie McFadden DeCree Krebs Farley & Dry The Surety & Fidelity Arch Insurance Company New Orleans, LA Association of America Philadelphia, PA Washington, D.C. Chad L. Schexnayder Laura Murphy Jennings Haug Keleher David C. Veis Travelers McLeod Robins Kaplan, LLP Hartford, CT Phoenix, AZ Los Angeles, CA David C. Olson Jonathan Schneider Scott C. Williams David C. Olson, Attorney Tokio Marine HCC Manier & Herod, P.C. at Law, LLC Los Angeles, CA Nashville, TN Jamaica Plain, MA Leah Schoen Douglas F. Wynn, Jr. Maura Z. Pelleteri AIA Surety Simon, Peragine, Smith & Pugh Accardo, LLC Westlake Village, CA Redfearn, LLPP Orleans, LA New Orleans, LA Mathew H. Sloan Derek Popeil Jennings Haug Kelcher Chubb Mcleod Basking Ridge, NJ Phoenix, AZ
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