2022 CLM Focus: December

Schedule/Sessions
Speaker Bios
Travel/Hotel Accommodations

Claims & Litigation Management - Thinking Outside the Box: The New Mediation Mindset	Download
Claims & Litigation Management - What the Books Don’t Tell You- Frequently Overlooked Investigative Tactics in Litigation	Download
Extra-Contractual - Don’t Call Them a Claims Manual! The Role That Insurer Claims Guidelines and Best Practices Can Play	Download
Extra-Contractual - Get Your Bad Faith Voir Dire in Gear!	Download
Insurance Coverage - Facing the Issue- Coverage for Biometric Litigation	Download
Insurance Coverage - Holiday Cheers or Tears- Coverage and Casualty Issues Brought on by Holiday Hijinks	Download
Insurance Coverage - Primary Challenges, Protecting Against and Pursuing Improper Erosion Claims	Download
Insurance Coverage - What We Have Here Is a Failure to Communicate- ROR, Independent Counsel, and Bad Faith	Download
Insurance Fraud - Using Ride-Sharing Apps for Fraudulent Accidents	Download
Insurance Fraud- Blocking Fraud with Blockchain	Download
Insurance Fraud - Increases in Insurance Fraud During the Pandemic and Natural Disasters	Download
Insurance Fraud -The Evolution and Future of Fraud Detection	Download

Handouts

Tracks
Sponsors
Event Policies

Tracks

claims & litigation management
extra-contractual
insurance coverage
insurance fraud

Thursday, December 1, 2022

9:30 AM ET - 10:30 AM ET

Claims and Litigation Management - What the Books Don’t Tell You: Frequently Overlooked Investigative Tactics in Litigation

In 2022, claims professionals and litigators must adapt their investigative approaches to the changing times and technologies. Now more than ever, there are new, fruitful ways to investigate claims and defend litigation – from social media to surveillance. This session will prepare claims professionals and litigators to more effectively investigate claims and ensure that information is protected and preserved for trial.

10:50 AM ET - 11:50 AM ET

Claims and Litigation Management - How to Slice the Pie: Too Many Claims or Insureds and Not Enough Limits

Join us as we discuss how to settle a claim when there are multiple claimants or multiple insureds and not enough limits. Presenters will discuss the dangers an insurer faces in these situations, the potential bad faith arguments that could arise if the situation is not handled carefully, and how to avoid such allegations. Further, the panel will give practical tips on the steps an insurer should follow in most states, the majority view, the minority view, and a few outlier states.

12:10 PM ET - 1:10 PM ET

Claims and Litigation Management - Thinking Outside the Box: The New Mediation Mindset

Let’s discuss an important topic…Mediation…that’s where more cases are headed and pushed because of the backlog of cases trying to come to fruition. So, an even more important question is, how do you choose a mediator? We will cover many aspects to choosing a mediator…and specifically, the value non-attorney subject matter experts bring to the evaluation and negotiation table. Technical subject matter expert mediators can be especially useful in mediation to ensure that different angles are examined when crafting messages for negotiation. Join this panel of professionals to hear different perspectives on why you should broaden your thinking about neutral selection to enable more equitable outcomes. Come and explore this with a wonderful, diverse, and eclectic panel. You will not want to miss this discussion!

2:10 PM ET - 3:10 PM ET

Claims and Litigation Management - NFTs are Here to Stay – So What?

The internet literally moves at the speed of light, and trends can change on a dime. Since the publication of CLM's July 2022 article "NFTs Are Here to Stay", we saw the NFT market crash, and NFT trading volume drop 97% between January and September. But dismissing Web 3, blockchain, and Non-Fungible Tokens as mere fads might prove as myopic as previous generations brushing off the importance of a personal computer or the internet. Today, we can't conceive of doing business without our laptops or Wi-Fi; tomorrow it might be as inconceivable to not protect an enterprise's NFTs or other media stored on the blockchain. This panel discussion will explain what NFTs are, their commercial uses today, and intended future uses. The panel will also review why insurance professionals shouldn't dismiss NFTs as a fad; explain coverage implications and current litigation for digital assets; and examine the risks enterprises will face when buying, selling, or trading NFTs.

Thursday, December 1, 2022

9:30 AM ET - 10:30 AM ET

Extra-Contractual - Don’t Call Them a Claims Manual!: The Role That Insurer Claims Guidelines and Best Practices Can Play

The Georgia Supreme Court recently held that an insurer could be held liable in bad faith even though it had no notice of the underlying lawsuit. How? The court held, in part, that the insurer failed to follow the instruction in its “claims manual” to remind insureds to notify the carrier when it received service of a suit.

This session will focus on the role that an insurance company’s written claims guidelines and best practices play in claims handling and extra-contractual claims and litigation including: how insureds utilize these guidelines and best practices to create arguments for institutional bad faith or standards by which adjusters are judged; the role that general and outside counsel may play in drafting these documents; the training on and accessibility of these documents; and the use of these documents in claims handling.

10:50 AM ET - 11:50 AM ET

Extra-Contractual - Get Your Bad Faith Voir Dire in Gear!

Curious how a voir dire in a bad faith case differs from one in an underlying case, and the reasons why? We'll discuss various voir dire techniques and objectives combining legal and psychological methods and perspectives. This session will include a discussion on how the strategy of defending an insurance company on trial includes a methodology that mitigates juror bias in order to extract specific information from jurors regarding perceptions of the claims handling process.

12:10 PM ET - 1:10 PM ET

Extra-Contractual - The Extra-Contractual Year In Review: Roundtable One

This is the first of a two-part year-in-review where presenters and participants will discuss the most significant case law, as well as any administrative and regulatory extra-contractual decisions, from across the country in 2021 to engage participants and attendees in a compelling discussion of how these decisions impact industry claim handling.

The roundtable will dissect the current state of extra-contractual law and litigation by exploring its economic costs and financial impact on insurers and policyholders, examine fresh ideas and dynamic defenses to EC claims and litigation, and discuss innovative tools to maximize successful outcomes and results.

2:10 PM ET - 3:10 PM ET

Extra-Contractual - The Extra-Contractual Year In Review: Roundtable Two

In this session panelists will continue a two-part year-in-review series with more significant case law, administrative, and regulatory extra-contractual decisions from across the country in 2021. Attendees will engage in a compelling discussion of industry best practices and claim handling procedures in respect to the same.

The roundtable will dissect the current state of extra-contractual law and litigation by exploring its economic costs and financial impact on insurers and policyholders, examining fresh ideas and dynamic defenses to EC claims and litigation, and achieving collaborative organizational implementation of the same to maximize successful outcomes and results. The roundtable also will address the impact of COVID-19 on claims handling and associated EC concerns.

3:30 PM ET - 4:30 PM ET

Extra-Contractual - How to Identify and Avoid Bad Faith Set-Ups

Through the use of real-life hypotheticals, this presentation will focus on the common tactics used by claimants’ counsel to set up insurers and claims professionals for a bad faith claim. The panelists also will share the strategies insurers and claims professionals can use to prevent (or at least reduce) potential bad faith claims.

Thursday, December 1, 2022

9:30 AM ET - 10:30 AM ET

Insurance Coverage -Primary Challenges, Protecting Against and Pursuing Improper Erosion Claims

This session builds on the article of the same name published in the June 2022 edition of CLM Magazine. Presenters will focus on the circumstances in which an excess insurer can or should challenge whether a payment made by a primary insurer eroded or exhausted the primary limit. The session also will address claim handling best practices from an excess and primary insurer's perspective to try to ensure that: a primary insurer only pays claims within its policy terms; primary insurers are well-positioned to guard against improper erosion challenges; and an excess insurer has positioned itself to make an improper erosion challenge when necessary.

10:50 AM ET - 11:50 AM ET

Insurance Coverage - Facing the Issue: Coverage for Biometric Litigation

Increasingly, companies are using biometric data, such as fingerprints and retinal scans, as a convenient way to improve security. From touchpads that unlock smartphones and computers, to scanners providing access to places of business, biometric data seems to be a fast, easy, and secure way to authenticate individuals and unlock access. However, the collection and storing of biometric data can be risky, and insurance policies might not respond to claims alleging violation of biometric data privacy laws, creating coverage gaps. This session will address an overview of biometric liability risk, legal and regulatory developments, coverage issues related to biometric claims, and expected future developments.

12:10 PM ET - 1:10 PM ET

Insurance Coverage - Holiday Cheers or Tears: Coverage and Casualty Issues Brought on by Holiday Hijinks

This session will discuss the entertaining but all too real topic of holiday litigation. The survey will cover cases originating from Christmas, New Year’s, Mardi Gras, and St. Patrick's Day as well as Halloween and Independence Day. While there are certainly the oft filed dram shop matters there are also cases involving fireworks, pool parties, parading injuries and accidents as well as the miscellaneous assault based upon mistaken identity. While many of the cases are fairly standard there are those that will be enlightening. Many of the matters involve coverage issues and the issues carriers will face when litigating or defending holiday matters.

2:10 PM ET - 3:10 PM ET

Insurance Coverage - What We Have Here Is a Failure to Communicate: ROR, Independent Counsel, and Bad Faith

When an insurer reserves its rights on a coverage issue, the insurer may be required to offer the insured independent—or Cumis—counsel, depending on the applicable jurisdiction’s laws and the circumstances surrounding the reservation. In many jurisdictions, independent counsel is required when the insurer reserves its rights to assert a coverage defense that may be controlled by defense counsel. The rules are designed to prevent insurer-selected defense counsel from defending the case in such a manner to steer the defense away from coverage.

Join this session as presenters discuss reservation of rights, independent counsel rules, and bad faith. Knowledge of independent counsel rules is vital for claim professionals.

Thursday, December 1, 2022

9:30 AM ET - 10:30 AM ET

Insurance Fraud - The Evolution and Future of Fraud Detection

Insurance fraud is an $80 billion problem for the industry and consumers, with over 160 fraud schemes across all lines of insurance. The industry’s advancement to digitalization requires the claim professional to consider new processes to recognize, document, and remedy suspected fraudulent claims to a proper conclusion while complying with regulations. Introducing cutting-edge technologies with a robust claims process is the key to successful outcomes.

10:50 AM ET - 11:50 AM ET

Insurance Fraud - OK Boomer!: It’s Still Fraud

This timely and entertaining session addresses the recognition and investigation of fraudulent claims presented by older claimants and how the evolution of claims handling following COVID exacerbated a growing problem. How should carriers and investigators handle claims by the gray-haired crowd? What are the specific areas where these claims are increasing? Join us to learn what tools carriers have to defeat this growing trend.

12:10 PM ET - 1:10 PM ET

Insurance Fraud - Blocking Fraud with Blockchain

Cryptocurrency often conjures immediate thoughts of the underworld and scams. Cryptocurrencies are blockchain-based, and fraudulent activity and major hacking events certainly do occur on the blockchain. However, companies, including insurers, are beginning to look at blockchain technology as a way to prevent and combat fraud.

The panel will briefly discuss the basics of blockchain and then look at its application in the insurance industry as well as how business enterprise blockchain solutions may simplify claim resolution and reduce factual disputes regarding the value and validity of claims.

2:10 PM ET - 3:10 PM ET

Insurance Fraud - Using Ride-Sharing Apps for Fraudulent Accidents

Ride share services have become an integral part of modern life. Whether it is a ride home or a ride to the airport, nearly everyone has taken an Uber or Lyft to a destination. However, these apps have become an increasingly common method to perpetrate insurance fraud – specifically using that technology to stage traffic accidents.

These types of scams can be difficult to detect and require an immediate investigation; however given the high burden to prove fraud, mere suspicion is generally not enough. This presentation will focus on the emergence of these scams, strategies for a response, and a discussion of the coverage issues created.

3:30 PM ET - 4:30 PM ET

Insurance Fraud - Increases in Insurance Fraud During the Pandemic and Natural Disasters

Join us as we focus on the increase in the number of cases that are being seen wherein the claim is partially fraudulent and being made as a result of the COVID-19 pandemic and the number of natural disasters that the country has faced in the last two years. Panelists will focus on how some jurisdictions are ignoring the increased fraud and how those claims can be combated by claims professionals and the legal profession.