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Obj2017oct21s.Pdf ALSO INSIDE: Annual Meeting • Award Winners New Bar Members Take Oath Volume 88 — No. 27 — 10/21/2017 WHY THIS CONFERENCE IS LEO DIFFERENT. CYBER SECURITY 1. TANGIBLE, ACTIONABLE DELIVERABLES LEO recognizes that legal departments LAW CONFERENCE are being asked to do more with less. Each session will be accompanied by hard deliverables that can be put to use on day one. Our conference is chock full of templates, guidance documents, focused cyber best practices. 2. LEGAL/INFORMATION SECURITY COORDINATION This conference operates under One need only review the news headlines to glimpse the understanding that no cyber the furious acceleration of cyber attacks in our society. program can be fully successful without coordination between the legal department and Information Security. TTo that end, our sessions are designed to speak to both General Counsel and the Chief Information Security Officer. Come join us for a hands-on look at some of the more We encourage personnel from both pressing issues in cyber security law and governance. departments to attend. 3. NETWORKING Cannot occur in a vacuum. We encourage folks in this space to meet their peers. Establishing relationships with local peers can prove november 8, 2017 useful, introducing you to new ideas THE MAYO HOTEL, 115 W. 5th St., Tulsa and solutions. 4. FUN NOVEMBER 9, 2017 Who says a law conference has to be RENAISSANCE OKC CONVENTION CENTER boring? Our speakers infuse edge-of-your-seat content into the 10 N. Broadway Ave., Oklahoma City sessions. For example, come listen to a former NASA Flight Controller about how Mission Control handles emergency response. Take a guided early late early late tour of the dark web with a certified ATTORNEY ONLY full day $200 $225 half day $100 $125 cyber analyst. See a man-in-the-middle attack in action. Simulate the dawn of ATTORNEY + one full day $225 $250 half day $125 $150 an incident with those on the front line. For details and to register go to: www.okbar.org/members/CLE Stay up-to-date and follow us on 1946 The Oklahoma Bar Journal Vol. 88— No. 27 — 10/21/2017 Theme: Insurance Law Editor: Renée DeMoss pg. 1993 contents Annual Meeting Oct. 21, 2017 • Vol. 88 • No. 27 DEPARTMENTS 1948 From the President 2034 From the Executive Director 2035 Editorial Calendar 2036 Law Practice Tips 2039 Ethics/Professional Responsibility 2040 OBA Board of Governors Actions 2043 Oklahoma Bar Foundation News 2045 Young Lawyers Division 2046 For Your Information 2048 Bench and Bar Briefs 2049 In Memoriam 2056 The Back Page FEATURES 1951 Oklahoma’s Uninsured Motorist pg. 2032 Coverage Statute – An Overview New Members By Dawn M. Goeres Take Oath 1957 Insurance and Risk Management Considerations in Indian Country By Daniel E. Gomez 1965 ‘Fines or Penalties’ Exclusions in Professional Liability Policies By Andrew Jayne 1971 Ethical Issues in Insurance Law By Timila S. Rother PLUS 1983 Some Considerations in Insuring 1993 Annual Meeting Against Cyber Loss By Derek Cowan 2029 Diversity Committee Honors Six 1989 Discovery in ERISA: The Exception, With Ada Lois Sipuel Fisher Awards Not the Rule 2032 New OBA Members Take Oath By J. Wesley Pebsworth Vol. 88— No. 27 — 10/21/2017 The Oklahoma Bar Journal 1947 FROM THE PRESIDENT Leadership Traits Mirror Lawyer Skills By Linda S. Thomas Ever notice that many leaders in community erally have the personality traits associ- and state government, social and religious groups, compa- ated with leadership, leadership takes nies, universities and nonprofit organizations are lawyers? commitment, creativity, knowledge and What is it about being a lawyer that makes leadership so much more. I paint “leadership” with almost second nature to us? a broad brush. Leadership can be as com- plex as being OBA president or as simple Research suggests a common theme about what qualities as occasionally giving the children’s ser- – apart from our legal expertise – make lawyers worthy mon at church. It may be demonstrated leaders. Skills and attributes good lawyers possess in their in a highly public arena or by everyday tasks are the exact skills reading to school children in a and attributes of effective leaders – small classroom. Leaders, in my good judgment, trust building, high People look to mind, use their expertise, knowl- ethical standards, vision, diploma- leaders skilled at edge and power to positively cy and strong communication, ne- impact others. gotiation, persuasion and conflict things they resolution skills, to name a few. Commenting on leadership in Good lawyers, as with good lead- themselves value, the 21st century, Bill Gates said, ers, lead by example with high so it is no wonder “As we look ahead into the next standards and core values motivat- century, leaders will be those who ing others to succeed. lawyers are leaders empower others.” The OBA is in various aspects dedicated to empowering our People follow leaders who con- members to take on leadership sistently demonstrate good char- of our society. roles in the future. Under the lead- acter and competence. Various ership of our own lawyer leader, definitions of “character” include Susan Damron, 23 of our best and traits like honesty, integrity, reli- brightest members have just begun their ability, kindness and generosity, and “competence” is basi- journey through the sixth Leadership cally utilizing the requisite knowledge to do something Academy. They are learning professional successfully. Not surprisingly, the OBA Standards of Profes- skills that will enhance the way they sionalism, to which we are account- incorporate service and leadership into able, begins with “Professionalism for their practice and their personal lives. lawyers and judges requires honesty, integrity, competence, civility and It was the forward-looking vision of public service.” past presidents, Stephen Beam and the late Bill Conger, that gave the Leadership Not all “experts” agree on what Academy the momentum that has suc- effective leadership is but we all know cessfully prepared more than 125 lawyer it when we see it. People look to lead- leaders, most of whom are now serving ers skilled at things they themselves in significant leadership roles throughout value, so it is no wonder lawyers are their communities, our state and our leaders in various aspects of our soci- association. The vision and core values of ety. While technique and style may our past, present and future OBA leaders vary, these same principles remain have strengthened our association to take constant across all generations. on the enormous challenges facing bar President Thomas practices in Bartlesville. I’m not saying leadership is simple associations and the legal profession in [email protected] for us just because we are lawyers, the future. Your bar association is in good 918-336-6300 quite the contrary. While lawyers gen- hands for years to come. 1948 The Oklahoma Bar Journal Vol. 88— No. 27 — 10/21/2017 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2017 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 88 – No. 27 – 10/21/2017 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. MACKENZIE SCHEER Yukon Advertising Manager BAR CENTER STAFF AMANDA GRANT, Spiro [email protected] John Morris Williams, Executive Director; C. SCOTT JONES, Gina L. Hendryx, General Counsel; Joe Balken- LACEY PLAUDIS Oklahoma City bush, Ethics Counsel; Jim Calloway, Director Communications Specialist of Management Assistance Program; Craig D. [email protected] ERIN MEANS, Moore Combs, Director of Administration; Susan SHANNON L. PRESCOTT LAURA STONE Damron, Director of Educational Programs; Okmulgee Beverly Petry Lewis, Administrator MCLE Communications Specialist Commission; Carol A. Manning, Director of [email protected] MARK RAMSEY, Claremore Communications; Robbin Watson, Director of LESLIE TAYLOR, Ada Information Technology; Loraine Dillinder Far- abow, Tommy Humphries, Debbie Maddox, Katherine Ogden, Steve Sullins, OFFICERS & Assistant General Counsels Les Arnold, Gary Berger, Debbie Brink, BOARD OF GOVERNORS Tony Blasier, Melody Claridge, Cheryl Corey, LINDA S. THOMAS, President, Bartlesville; Nickie Day, Ben Douglas, Dieadra Florence, JENNIFER CASTILLO, Vice President, Oklahoma City; Johnny Marie Floyd, Matt Gayle, Suzi KIMBERLY HAYS, President-Elect, Tulsa; GARVIN A. ISAACS, Hendrix, Darla Jackson, Debra Jenkins, Immediate Past President, Oklahoma City; JOHN W. COYLE III, Rhonda Langley, Jaime Lane, Durrel Lattimore, Renee Montgomery, Whitney Mosby, Oklahoma City; MARK E. FIELDS, McAlester; JAMES R. Lacey Plaudis, Tracy Sanders, Mackenzie GOTWALS, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Scheer, Mark Schneidewent, Laura Stone, Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Margaret Travis, Krystal Willis, Laura Willis, JIMMY D. OLIVER, Stillwater; SONJA R. PORTER, Oklahoma Jennifer Wynne & Roberta Yarbrough City; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; Oklahoma Bar Association 405-416-7000 BRYON J. WILL, Yukon; LANE R. NEAL, Oklahoma City, Toll Free 800-522-8065 Chairperson, OBA Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in June and July by the Oklahoma Bar Association, 1901 N.
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