Online registration for this event is now closed. However, space is still available. To register, please call 785-234-5696 between 8:00 a.m. & 5:00 p.m. Electronic program materials can be emailed to you at no cost. A limited number of paper materials will be available for purchase at the program for $30. Please let the KBA representative know your preference.
Approved for 6.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas.
Approved for 5.0 hours of CLE credit in Missouri.
8:30 a.m. • Check-in & Continental Breakfast
9:00 a.m. • Destination Unknown: Navigating the Department of Labor’s Revised Conflicts of Interest Rules
Gregory L. Ash, Spencer Fane LLP, Overland Park
Robert A. Browning, Spencer Fane LLP, Overland Park
This presentation will provide an overview of the United States Department of Labor’s amendments to its conflict of interest, or “Fiduciary” rules that were issued in April 2016. The resentation will discuss the revised definition of fiduciary investment advice and some of the prohibit transaction exemptions that were issued along with the revised definition. The presentation will set forth some initial ideas on the practical impact of those revisions on professionals who provide financial (including insurance) advice to ERISA plans and IRAs.
9:50 a.m. • Cyber Insurance: Preparing for When, Not If
Madeline Allen, Lockton Companies, LLC, KCMO
One of the biggest threats organization is a cyber-attack that exposes confidential or personal information or brings the business operations to a halt. The threat of an attack on a business’ network and data is constant and ever-changing, and really a question of “when”, not “if” a company will be a victim. What is your biggest risk? Who is a likely perpetrator? What can you do to protect your business, your employees, your customers and yourself? Are there insurance solutions for these risk?
10:40 a.m. • Break
10:55 a.m. • New Insurance Regulation and Case Law
Brian Boos, Wallace Saunders, Overland Park
This presentation will discuss new insurance case law and emerging trends in insurance-related litigation. In addition, Brian will discuss proposed new regulations and legislation, as well excerpts from American Law Institute’s Restatement of the Law, Liability Insurance.
11:45 a.m. • Lunch (provided)
12:45 p.m. • It's All About the Kids: The Nobility of Amateurism (Ethics)
LJ Leatherman, Palmer Leatherman White Girard & Van Dyk LLP, Topeka
Ethics, sometimes known as philosophical ethics, ethical theory, moral theory, and moral philosophy, attempt to defend and recommend concepts of right and wrong conduct, often addressing disputes of moral diversity. Legal ethics have evolved overtime to address the traditional protections of clients within the confines of modern pressures of private practice. Each evolution brings a negotiation of conflicting interest between the clients, judges and lawyers. Like the modernization of divorce, to no fault, in our society, legal ethics evolves to meet these new challenges. In codes of conduct, or ethics the rules of engagement seem to tack a midline of fairness between the conduct being proscribed and the mission of the profession. This presentation looks to contract the structure and development of ethics to evaluate the corruption of “ethical” conduct when the power of the rule makers completely disenfranchises those who are required to follow the ethics, using as examples of ethical codes of conduct Pirates and College Athletics.
1:35 p.m. • Bad Faith in Insurance Coverage and Claims Settlement Practices
Craig C. Blumreich,Larson & Blumreich Chtd., Topeka
Liability insurers owe their insureds duties of defense and indemnity. What must the liability insurer consider when determining whether it has a duty to defend? When should a liability insurer provide a defense under a reservation of rights and what are the effects on a liability insurer when it fails to defend under a reservation of rights? This presentation will seek to explore and address these questions and other issues pertaining to the duty to defend. In addition, this presentation will address the liability insurer’s duty to indemnify in the context of an insurer’s failure or refusal to settle a claim within the liability policy limits. After the underlying duties are established, this presentation will consider and discuss the factors to determine whether the liability insurer acted in bad faith with respect to coverage decisions or the settlement of claims.
2:25 p.m. • Break
2:40 p.m. • Drone Issues in the Post-Part 107 Airspace: The Uncharted Territory of Drone Liability
Joseph & Caitlin LoRusso, Ralston Pope & Diehl LLC, Broomfield, CO
Ronald P. Pope, Ralston Pope & Diehl LLC, Topeka
In this presentation, we will provide a 30,000-foot look at the status of the recently codified drone legislation, known as the FAA’s Part 107 regulations, followed by a discussion of insurance coverage issues facing commercial drone operators. The topics to be covered will include the requirements for operators to maintain compliance with Part 107, the types of insurance policies available to operators and how to seek and maintain coverage, as well as the issues to address when a drone operator has an incident that may affect insurance coverage.
3:30 p.m. • Adjourned
As an Account Executive for Lockton Companies in Kansas City, Madeline provides expertise in the areas of data security, privacy liability, media, and specialty errors and omissions insurance. She is also a member of Lockton’s Global Technology and Privacy Practice. Madeline assists Lockton’s clients by assessing their data security and privacy exposures and providing insurance solutions for these risks. Madeline also reviews and analyzes data security and privacy insurance policies and quotes and works with the carriers and clients to improve the coverage and policy language. Madeline joined Lockton in 2013. Prior to her Lockton position, Madeline was an associate attorney for Petefish Immel Heeb and Hird LLP. She also held a legal intern position at the Johnson County District Court. Madeline received her J.D. at the University of Kansas School of Law and her B.A. in Sociology at Wake Forest University.
Greg Ash is a partner in the Kansas City-based Spencer Fane LLP law firm. As the leader of the firm’s Employee Benefits Practice Group, Greg helps his clients maximize the value and minimize the risks inherent in their benefit plans. With more than 20 years of experience, Greg translates complicated legal issues under ERISA and the Internal Revenue Code into meaningful decision points for employers and service providers. He forecasts risk and identifies opportunities to help his clients meet their business objectives. Greg knows the retirement industry inside and out,representing not only employers but also large record keepers and other service providers.
Robert A. Browning, Esq., is a partner with Spencer Fane LLP, a law firm based in Kansas City, Missouri. He is a member of the firm's Employee Benefits Group, and his practice area includes the pension and tax laws governing qualified retirement plans, health and welfare plans, and executive compensation arrangements. Before joining Spencer Fane, Mr. Browning was a shareholder with Polsinelli Shalton Flanigan Suelthaus PC (now known as Polsinelli PC), another Kansas City-based law firm. Before joining Polsinelli, he was Senior Counsel for The Variable Annuity Life Insurance Company (“VALIC”) in Houston, Texas. Mr. Browning received his J.D., with honors, from the University of Houston, and he is currently a member of the American Society of Pension Professionals and Actuaries (ASPPA) and the Steering Committee of the Employee Benefits Institute of Kansas City.
Craig C. Blumreich is the managing director of the Topeka law firm of Larson & Blumreich, Chartered, where his practice is concentrated in the area of insurance defense, with an emphasis in insurance coverage litigation, and the defense of automobile negligence, premise liability and civil rights actions. Mr. Blumreich graduated summa cum laude from Washburn University with a B.B.A. and cum laude from the Washburn University School of Law. Mr. Blumreich is a member, and former president, of the American Board of Trial Advocates, member and former director of the Kansas Association of Defense Counsel, the Defense Research Institute, and the Kansas and Topeka bar associations. He has been designated by his peers to the Missouri-Kansas Super Lawyers and Best Lawyers of America. He serves as an adjunct professor for the Washburn University School of Business and Washburn University School of Law.
Brian began his legal career with a small firm where he gained immediate, invaluable experience trying cases and handling appeals. He later provided risk management counsel for one of the world’s leading reinsurers and belonged to the trial team of a multinational product liability law firm. Inducted into the International Association of Defense Counsel in 2013, Brian is also a member of Defense Research Institute and Kansas Association of Defense Counsel. He has tried over 60 cases to jury verdict and argued or been on the brief in over 50 published appellate cases. This year, Brian was selected for inclusion in Missouri/Kansas “Super Lawyer” as designated by Law and Politics and Kansas City Magazine.
Leatherman is a partner in Palmer Leatherman White Girard & Van Dyk LLP. He specializes in plaintiff’s tort litigation in automobile negligence, wrongful death, third-party claims against insurance companies and insurance bad faith. He is a graduate of Washburn Law School, 1992. He is an active member of the Kansas Association for Justice, American Association for Justice, Topeka and American bar associations, and Trial Lawyers for Public Justice. He serves as a member of the Topeka/Shawnee County Ethics Committee.
Joseph & Caitlin LoRusso are of counsel at Ralston, Pope & Diehl, LLC and managing partners of LoRusso & LoRusso, Ltd., a boutique aviation law firm located in Broomfield, Colorado. The husband-wife team also serves as AOPA panel attorneys and, together, they specialize in drone certifications, aircraft crash litigation, certificate defense, FAA administrative actions, and aircraft transactions. Joseph is an ATP rated pilot with over 2,500 hours of flight time, while Caitlin is a student pilot and licensed drone operator. When not in the office, the LoRussos can be found on the airshow circuit, flying their 1943 Boeing Stearman biplane.
Ron Pope is a managing partner of Ralston, Pope & Diehl, LLC in Topeka, Kansas and a professional pilot with over 9,000 hours of flight time. Ron serves as a panel attorney for the Aircraft Owners & Pilots Association (AOPA) and specializes in drone certifications, aircraft crash litigation, certificate defense, FAA administrative actions, personal injury, and medical malpractice. When he’s not in the office, Ron can be found flying around the country in his Mooney 231.
David Wolfe is General Counsel for Advisors Excel, LLC in Topeka, which he joined in 2011. Prior to joining Advisors Excel, David was a research attorney at the Kansas Court of Appeals. David graduated from Washburn Law School in 2008, where he was a member of the Washburn Law Journal. While in law school, David was a law clerk at Kansas Medical Mutual Insurance Company. David is a native of Topeka and currently resides in Lawrence.
KBA Insurance Law Section Member Registration $210
KBA Member Registration $240
Non-member Registration $300
Paralegal Registration $180