Breakfast

Game Changers: Shaking Up the Industry

• Speakers:

• Daniel Costello, Costello Ginex & Wideikis, P.C.

• Melissa Hill, Sompo International Insurance

• Sean Kevelighan, Insurance Information Institute

• Taylor Rawal, SECURA Insurance Company

• Robin Roberson, Eberl Claims Service

We kick off the first full day of the 2021 Annual Conference with a series of short “Ted-like” talks addressing some of the game-changing factors that will affect our industry for years to come. Then this high-energy panel will sit down for an interactive discussion and Q&A from the audience.

Young Professionals – Each generation has helped progress the insurance industry. Today almost 50 percent of our workforce is being driven by Young Professionals. The way we work and our expectations are evolving. Our future is dependent on fostering an environment open to change.

Litigation Management — Innovative change is rapidly impacting all areas of business including the delivery and deployment of legal services. Evolution in the litigation management ecosystem will provide opportunities for those who are ready to embrace the change.

Innovation in Insurance – AI, data analytics, and other technologies and their impact on our industry.

Runaway Verdicts – Multi-million-dollar verdicts are more frequently in the news. What’s an industry to do when faced with plaintiff-funded litigation, social inflation, and other factors?

Break

SESSION 1 - 3-D Printing Medical Devices and the Disruption of Product Liability Law and Regulation

• Speakers:

• Nicholas Benetatos, Exponent

• Lauren Hulbert, Medmarc Ins. Group

• Daniel Tranen, Wilson Elser

Use of 3-D printing technology is growing around the world in many fields. It is already a billion dollar industry in the manufacture of medical devices. Join the discussion about how this new technology, when used to make medical devices in point-of-care settings like hospitals, will disrupt the use of standard strict liability product claims when a defective device is made. Also for consideration is that the traditional role of the FDA in regulating medical devices will be disrupted since point-of-care manufacturing eliminates the need for clearance to sell medical devices. The concepts of what is a product, what is a product design, and what constitutes manufacture of a product will all need to be reconsidered with the use of this new technology.

SESSION 1 - Absence of Malice: It's Assignment of the Times

• Speakers:

• Anne Jarrell, Attune Insurance

• Jessica O'Neill, Markel Service, Incorporated

• Kristen Perkins, Kennedys

• Jeffrey Trimarchi, Kennedys

Let's explore the current state of coverage for murky claims of defamation, malicious prosecution, false imprisonment, and other torts that confound claims professionals and policyholders across the US. Also, we will discuss what rights the carrier may have to prevent the assignment of policy benefits to aggressive plaintiffs' attorneys.

SESSION 1 - Building Diverse Teams and Cultures in the Workplace

• Speakers:

• Julie Buonocore, Self Employed

• Diane Messerschmitt, Triton Claims Management, LLC

• Schuyler A. Smith, Hamilton, Miller & Birthisel LLP

• Nicolette Strydom, Amerisure Mutual Insurance Company

If there was one thing 2020 taught us, it's the importance of being creative, flexible, and open to unique ways of getting the job done—and that means having a team that is up to the challenge. What does a successful and diverse team look like in 2021, and how do you maintain it once it's built? Get the answers you need to build, create, and maintain diversity in the workplace.

SESSION 1 - Danger Danger: Anticipating New Kratom and Vaping Claims and Litigation

• Speakers:

• J. Thaddeus Eckenrode, Eckenrode-Maupin

Although the public is aware of the dangers of meth, heroin, and opioids, the criminal nature of their distribution may dissuade some from using these drugs, which can be difficult to obtain to many but the most hardened drug users. But neighborhood stores and strip mall shops have proliferated with the development of e-cigarettes and vaping equipment, as well as stores selling Kratom, a sort of knock off marijuana, since these products are not yet illegal. Advertisements for these substances and devices are prolific, and seem to target a younger audience, who may see the use of these products as cool. As more and more users of these substances become ill, however, and with startling and increasing reports of deaths as well, claims and lawsuits are likely forthcoming. Insurance carriers need to be prepared for a likely increase in product and general liability claims. Prepare to explore the nature of these substances, how the governmental ban on certain types of vaping devices will impact sales and lead to other claims, and what the future may hold.

SESSION 1 - Dialing It In: Remote Working Strategies That Maintain Diversity and Inclusion Efforts

• Speakers:

• Anne-Marie Foster, Nyhan, Bambrick, Kinzie & Lowry, P.C.

• Yvonne Hill-Planter, Skyward Specialty Insurance

• Kevin Korte, Amerisure Mutual Insurance Company

• Ozie Lewis, Old Republic Insurance Group

One of the biggest impacts of COVID-19 on claims professionals was the sudden move to remote working situations. How are insurers continuing to adapt to this hastily established model a year later? What are some of the biggest leadership challenges for those operating in this new environment? Furthermore, how are companies maintaining a focus on diversity and inclusion in order to not lose valuable gains in this area? This presentation will dispel myths about remote working while also offering strategies for how to navigate the virtual world, especially as it relates to diversity and inclusion efforts when traditional means like in-person meetings, meet and greets, and elevator-speech opportunities are no longer options.

SESSION 1 - Don’t Miss the Forest for the Trees: What is a "Win" and at What Cost?

• Speakers:

• Donna MacConnell, IMA

• Jessica Schaber, Acuity Insurance

• Wendy Testa, Wilson Elser

A Pyrrhic victory is one that comes with such a devastating toll on the victor that it is tantamount to a defeat. This session will provide all of the tools that claims professionals need to avoid these situations in litigation and effectively examine the cost versus benefit of a "win" while also learning how to be a more effective member of the litigation team.

SESSION 1 - Employee Witnesses: They Are Ours, and We Have to Embrace Them!

• Speakers:

• Craig Derrig, Wood Smith Henning & Berman LLP

• Joseph P. Menello, Wicker, Smith, O'Hara, McCoy & Ford, P.A.

• Sanjay Shivpuri, Markel Service, Incorporated

Together we will address the various issues faced when preparing employee witnesses for deposition and trial. Many are hourly, some are former employees, but all of them can be the keys to our defense. We will discuss the common pitfalls in communicating with employees, getting them to buy into the defense, and the importance of interviewing them early and keeping track of them often. This session will go beyond deposition and trial preparation, giving the attendees an opportunity to roundtable on how each specific type of employee is handled from the initiation of a claim, depending on the circumstances of each case.

SESSION 1 - Freight Brokers: Upending Traditional Assumptions

• Speakers:

• Jamie Cannon, Reliance Partners

• Timothy Fletcher, General Re

• Mike McColley, Forge Insurance

• Laurence J. Rabinovich, Barclay Damon, LLP

Federal and state transportation statutes and regulations do not define the term "Third Party Logistics" companies. The concept did not exist when the 1935 Motor Carrier Act was passed, and no definition has been created, nor is there a category recognized in the statutes for 3PLs. Most logistics companies register with USDOT as brokers. Yet, there is an ongoing tension between the limited role that the statutes imagined for brokers (and resulting limited exposure that the law traditionally imposed upon them) and the expansive role that brokers and third party logistics companies assume in today's business environment. The changing role of logistics brokers has created major new challenges for underwriters who try to understand and untangle the business model of both truckers, for brokers advising their clients seeking coverage, and for claims professionals seeking to understand why the names of four or five intermediaries (truckers, brokers, forwarders) are listed on documents found in their files. Guidelines and proposals from the  various perspectives of the panelists will be shared.

SESSION 1 - Has the Price of Poker Gone Up? Alarming Trends in Dispute Resolution

• Speakers:

• Larry Beemer, Tokio Marine HCC

• Richard E. King, Melchiode Marks King LLC

• Angela Kopet, Copeland, Stair, Valz & Lovell, LLP

• Matt Morrison, American Family Insurance

What's inflating the demands made in dispute resolution?Our panel will discuss the current trends in dispute resolution and will break down their impressions of what is causing plaintiffs and even mediators to believe that injuries and/or damages once seen as nominal or routine have now become just the opposite. We will explore factors such as lawyer advertising, medical treatment, potential fraud, and their potential resolutions to this alarming trend. This session will assist attendees in understanding how to navigate negotiations.

SESSION 1 - Hey Google: How Do I Handle Digital Evidence in Claims and Litigation?

• Speakers:

• Lars Daniel, Envista Forensics

• Elizabeth Fitch, Righi Fitch Law Group

• Richard Gatz, Arch Insurance Group Inc.

• Shiraz Saeed, Arch Insurance Group Inc.

• Theodore Schaer, Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy

From wearable technology and smart home assistants, to internet-connected medical ingestibles and social credit scores, more data is being collected about claimants than ever, and this data can and is being used in litigation. This session will explain how this ubiquitous data is collected from devices, where to find it, and how to use it effectively throughout the life of the claim or litigation matter.

SESSION 1 - Hot Topics Involving the Right to Independent Counsel

• Speakers:

• Linda Bondi Morrison, Tressler, LLP

• Karen Moore, Great American Insurance Group

• Scott Pfeiffer, Cray Huber Horstman Heil & VanAusdal LLC

• Tamika White, Sedgwick

Peak behind the curtain and explore how a claims professional determines how its insured's defense is to be provided and develop strategies to achieve an economical and successful outcome in the event independent counsel is required. Attendees will receive updates in the law concerning an insured's right to independent counsel and the impact of the new Restatement of the Law of Liability Insurance, as well as a 50-state survey on the right to independent counsel. Discussion will include strategies to work cooperatively with independent counsel, receive proper reporting, and navigate fee disputes. Our experts also will address how COVID-19 may impact the duty to provide independent counsel.

SESSION 1 - In the Eye of the Storm: Lessons Learned

• Speakers:

• Juan Carlos Araiza, EFI Global, Inc.

• Lawrence Bowman, Grotefeld Hoffmann

• Linda King, Sompo International Insurance

• Danny Miller, Sedgwick

Business owners constantly wrestle with the question of how to effectively mitigate property losses and return to business as usual following a catastrophe or even routine property damage. Negotiation and placement of well-defined property coverages and astute knowledge of contract language are essential. The need for preparation and effective loss prevention plans prior to events cannot be overemphasized. Deploying and managing the right resources at the right time is not only a science, but an art. Weather trends show the threat of natural disasters continues to grow and businesses must be prepared to deploy at a moment’s notice when the next storm event occurs. This includes understanding business exposures and creating a disaster response plan designed to address specific business needs. Businesses should be armed with the latest technology to expedite the evaluation and assessment process. Business owners should be able to communicate quickly with other stakeholders to coordinate remediation, repair, and recovery resources. It is important to build and establish relationships with these experts and negotiate service agreements prior to any occurrence. This session will address elements of proper planning to ensure businesses are prepared to weather and recover from virtually any storm.

SESSION 1 - Is Your Claim File an Open Book? Protecting Your Work From Changing Rules of Discovery

• Speakers:

• J. Ryan Johnson, Hub Group

• Bradley Levien, Murphy Sanchez, PLLC

• Jacob A. Moreno, Qualitas Insurance Company

More and more states and courts are loosening rules related to the discoverability of claims files, which is resulting in previously privileged material being opened for review by plaintiffs' attorneys. Learn where the law is going, how federal and state courts are ruling, and how to protect your files as best as possible.

SESSION 1 - It Ain’t Me Babe: Risk Transfer from the Claims Professional’s Perspective

• Speakers:

• Mike Melendez, Kennedys

• Lorraine Merritt, Skyward Specialty Insurance

• Robin Miller, Amerisure Mutual Insurance Company

Business involves risks and relationships. A business’s success will often turn on how effectively it can transfer those risks. The main vehicles used for transferring risks are contracts and contractual provisions. Risk transfer is often complicated by the inter-relationship of such contracts and how it can affect who ultimately bears the risk. This session will explore, from the claims professional’s perspective, the practical aspects of risk transfer, including shifting risks to other parties and insurers, and practically managing the risks under the claims professional’s own policy.

SESSION 1 - Leveling the Bad-Faith Playing Field: How to Seek Discovery of Plaintiffs' Counsel's Privileged Communications and Work Product

• Speakers:

• Melissa Bailey, Copeland, Stair, Valz & Lovell, LLP

• David Brown, Goldberg Segalla LLP

• Edward Currie, Currie Johnson & Myers P.A.

• Mark DiGiovanni, Global Indemnity

Shouldn’t insurers have the same rights as plaintiffs to discover the same type of information from the plaintiff-policyholder when the policyholder or their counsel commits acts of bad faith during the claims process? Currently, that is not the case. However, by utilizing the same factors and legal principles used against them, insurers can employ reverse bad-faith techniques to successfully discover policyholders’ communications with their legal counsel, including counsel’s work product. Find out how during this session.

SESSION 1 - Morphing Mass Tort Litigation: What Monsanto's Roundup Litigation Portends for Future Coverage and Claims Handling

• Speakers:

• Melissa Anderson, AXIS Specialty US Services, Inc.

• Linda Hicks, ECC Horizon

• Suzanne Karapashev, Westfield Insurance

• Richard Ranieri, Weber Gallagher Simpson Stapleton Fires & Newby LLP

Ever-expanding litigation against Monsanto's Roundup product is morphing into class-action litigation, direct claims against distributors, and false-advertising claims, creating new case law and regulatory positions that have the potential to impact many other lines of business. The roundtable will address insurance coverage and claims handling issues implicated by this continually evolving area of mass tort litigation.

SESSION 1 - Oh No You Didn't: Social Media Strategies for the Professional

• Speakers:

• Robert Blasio, GB Specialty (Division of Gallagher Bassett)

• Constance Endelicato, Wood Smith Henning & Berman LLP

• Benjamin Haftel, Self Employed

A nurse takes a photograph of an unsuspecting patient in the ER who just attempted suicide and posts it on social media resulting in termination, licensure suspension, and a multimillion-dollar lawsuit for HIPAA violation and various intentional torts and punitive damages. Another healthcare provider takes a selfie next to a patient who is in a coma and posts it with an offensive caption while smiling and making a peace sign, also resulting in similar litigation and ramifications. A lawyer gets into a Yelp war over his client's comments of dissatisfaction, only to place him in a more unfavorable light and unwittingly causing him to violate the attorney-client privilege. This session will address the pitfalls of any professional who falls prey to making self-indulging posts on social media or arguing with clients in a public forum. Plan to discuss litigation and licensure issues that may be impacted by social media blunders, best practices for the professional in handling negative posts or reviews, and better uses of social media for enhancement of personal career or an organization overall.

SESSION 1 - Panel Counsel Checklist: A Guide to Quality Work and Navigating Ethical Quandaries

• Speakers:

• Tom Behrend, Acuity Insurance

• Michael Sekkas, Self Employed

This panel will focus on the role of outside counsel in the tripartite relationship between carrier and insured. Insurance industry leaders will discuss how they evaluate outside counsel and what they look for in selecting and retaining panel counsel. Further, this session will explore the ethical issues outside counsel sometimes face in defending the insured in the context of the tri-partied relationship. Additionally, the presenters will focus on those extra steps that set counsel apart and establish counsel as a go-to firm.

SESSION 1 - Shades of Gray: Ethical Considerations in Multi-State Claims Handling

• Speakers:

• Rebecca Appelbaum, Gartner + Bloom PC

• Donna Hunt, Ironshore Insurance Company

• Eileen Jenkins, Eileen Jenkins Consulting LLC

• Scott Rembold, Rembold Hirschman

• Jannea Rogers, Adams and Reese, LLP

Today, claims professionals and attorneys handling coverage, litigation, and transactions must work across state lines and in multiple states at once. This raises a number of ethical and professional responsibility considerations, including codes of conduct, bar rules, and ethical canons in the various states. This session discusses the rules of the road for inter- and intra-state matters, even when those rules fall into murkier gray areas.

Break

SESSION 2 - A Rigged Game: Fighting an Uphill Battle

• Speakers:

• Michael Brink, Progressive Group of Insurance Companies

• Christopher Del Bove, Callahan & Fusco, LLC.

• John Halpin, Laffey, Leitner & Goode LLC

• Joseph Latas, Primacy Risk Services

How does the negative image of the trucking industry affect jurors? This session discusses the obstacles faced in litigating these cases and how the trucking companies and their attorneys can work to overcome those obstacles through each stage of the litigation. There will also be discussion about how the COVID pandemic and lockdowns have affected the image and reputation of the trucking industry. Claim professionals in the transportation industry need to be aware of the pitfalls and obstacles so they can better prepare, reserve, investigate, and navigate the unpredictable and often volatile world of trucking litigation. This includes investing in safety and training. With nuclear verdicts getting larger each year, the importance of the aggressive and coordinated defense is critical.

SESSION 2 - Beyond the Pandemic: Anticipating the Next Industry Disruptors in Property and Construction

• Speakers:

• Laura Cornish, Madison Square Garden Entertainment Corp.

• Tom Fama, Wood Smith Henning & Berman LLP

• Terence Kadlec, MC Consultants, Inc.

• Jennifer Wojciechowski, Community Association Underwriters of America, Inc.

The pandemic--which we won't name--showed us that no industry was invulnerable. Go on the offensive with a panel ready to discuss emerging trends, force majeure clauses, and time delays related to property and construction losses, with the goal of helping you reduce risk and exposure. You're guaranteed to leave with a better understanding of how to use new tools in investigating and determining liability.

SESSION 2 - Breaking the Mold: Effectively Handling Fungi (and Other Indoor Air Quality) Claims Across Different Policies

• Speakers:

• Thomas Duggan, Mosaic Insurance

• Claire Juliana, Aon

• Brian Margolies, Kaufman Borgeest & Ryan LLP

• R. Christopher Spicer, R.C. Spicer LLC

This roundtable discussion among environmental industry professionals will address the exponential growth of mold claims as well as coverage issues arising under the current era of pollution liability insurance policies as potentially influenced by, or overlapping with, commercial general liability policies and property insurance.

SESSION 2 - Claim Ownership When Using Specialists, Experts, and Attorneys

• Speakers:

• Stephen Johnson, Self Employed

• Ronald Morrison, Great American Insurance Group

• Joel Sternstein, Arch Insurance Group Inc.

• Patricia Trombetta, Bonezzi Switzer Polito & Perry

Insurers have certain non-delegable claims responsibilities – thus they own the claim. At that same time, insurers often include others in handling a claim. Join this session to explore how to maintain claim ownership while using outside resources. What deference should adjusters allow to other parties assisting in claim adjudication? Does the insurer need to stay deeply involved to ensure a correct outcome? What if in a liability case against an insured defense counsel provides an evaluation the adjuster disagrees with or defense counsel’s analysis is not thorough enough? In a denial, should a national coverage counsel be the only source of coverage analysis if state decisional law is complex and unique? If claim handling is challenged in litigation against the insurer, can these types of issues make a difference? This session will address these issues and more.

SESSION 2 - Design-Build for the Future: How to Ensure Construction Projects are Claim Resistant

• Speakers:

• Robin Caulfield, MC Consultants, Inc.

• Guy Hollingsworth, The Hanover Insurance Group

• Donna Hunt, Ironshore Insurance Company

• Brenda Radmacher, Akerman LLP

Construction disputes on design-build projects can be convoluted and complex, involving issues of coverage and determining the delineation of liability among the players. This panel will discuss creative solutions to resolve disputes on design-build projects including use of technology, alternative dispute resolution processes, and careful use of experts. In addition, the panel will discuss the key coverage issues and how to best maneuver through those landmines to move toward more effective claim management and resolution.

SESSION 2 - Dipping Into the Secret Sauce: Developing Mediation Strategies That Hit the Right Notes

• Speakers:

• Eugene Boule, Wilson Elser

• Reed Millsaps, DWF Claims

• Karen Salmon, GB Healthcare

• Jeff Trueman, Jeff Trueman, Esq., Mediator

Using the results of a qualitative research study that examined mediation dynamics in litigated disputes, this family-style session will offer both claims professionals and counsel the recipe for developing a deeper understanding of mediation dynamics. Those attending can expect immediate results from the practical lessons offered, especially when it comes to anticipating impasses and incentivizing claimants' counsel using improved negotiation skills.

SESSION 2 - Effects of Unconscious Bias on Investigations, Litigation, and Negotiations

• Speakers:

• Bert Dizon, Cardinal Captive Strategies

• Dwight Geddes, Metro Claims & Risk Mgmt

• Joe Hassinger, MAPS

• Rebekah Ratliff, JAMS ADR

Unconscious bias can affect the questions asked in statements or depositions, and it can influence how claims and litigation professionals approach negotiations and mediations. Using interactive exercises, presenters will show how an awareness of these biases can ultimately help improve claim outcomes.

SESSION 2 - Establishing and Enforcing Drug Policies in the Age of "Legalized" Marijuana: It's High Time to Ensure Your Policies Are Up to Date

• Speakers:

• Ed Bowman, Cumberland Insurance Group

• Robert Lapidow, Overturf McGath & Hull, P.C.

• Celeste Ramos, Acuity Insurance

• Nicole Snyder, Self Employed

With varying restrictions, recreational marijuana is currently legal in 11 states and the District of Columbia, and medical marijuana is legal in 33 states and the District of Columbia. However, marijuana use remains illegal under federal law, which classifies it as a Schedule 1 drug along with heroin, LSD, and MDMA. Proper risk management requires that employment policies and procedures consider and address the various classifications of legality for marijuana along with the reality that employees are being prescribed medical marijuana by licensed physicians. Risk managers must also ensure that drug policies conform with the laws applicable to their respective jurisdictions related to if and how marijuana use is classified as a lawful activity if occurring outside the workplace during non-working hours; drug testing for current and prospective employees; and how medical marijuana use fits in with drug-free workplace policies. The importance of clear, non-discriminatory, and uniform and consistently applied workplace drug policies cannot be understated. This session will explore the issues and claims resulting from termination of employment arising from positive drug tests for marijuana use in this current legal environment.

SESSION 2 - Exposing Excessive Fee Litigation: Class Actions Against Defined Contribution Plans

• Speakers:

• Daniel Aronowitz, Euclid Specialty Managers

• Tulio Chirinos, Proskauer Rose

• Michael Kozemchak, Institutional Investment Consulting

• Jennifer Smith, Marsh

This roundtable will provide an overview of excess fee litigation class action litigation against defined contribution plans and the steps insureds and claims professionals can take to avoid or minimize exposure to same. This presentation will teach claims professionals handling this type of litigation how to assist their insureds and counsel to respond to such claims. It will also assist claims professionals in speaking with their underwriters about the risks defined contribution plans face and the questions they can ask in the underwriting process of such risks.

SESSION 2 - File Closing Strategies in Times of Tension and Distrust

• Speakers:

• Joseph Garin, Lipson Neilson P.C.

• Willie Kelly, Sterling Seacrest Prtichard

• James Merritt, Self Employed

The current social climate is tense. We are seeing increased difficulty in getting necessary information, reasonable demands, and case closures due to the rise in social tension and distrust. This session is designed to discuss current topics and issues we are seeing with getting claims settled and closed and the growing resistance that may be encountered from plaintiffs' attorneys. The roundtable will discuss ways to build trust with the plaintiffs' counsel, ways to gather the necessary information to get the authority needed to settle the claim, ways to defuse hostile plaintiffs' counsel, and tools to get files closed.

SESSION 2 - How to Safeguard Your Coverage Position

• Speakers:

• Brandt Allen, Traub Lieberman Straus & Shrewsberry LLP

• Jeffrey Chen, EMC Insurance Companies

• Kiki Chrisomallides, Barker Patterson Nichols, LLP

• Jessica Mauch, AXIS Specialty US Services, Inc.

Together we'll explore the implications of lawsuits involving covered and non-covered claims. We'll also evaluate the impact on the insurer both as to its obligation to defend and its obligation to communicate with the insured (and possibly the court) relative to non-covered claims, including the provision of special interrogatories for the jury. Also addressed are various steps insurers can take in advance of trial to preserve the coverage defenses and how jurisdictions have differed in their approach to these preservation efforts. Also explored will be how the carrier's efforts impact counsel retained by the insurer to defend the insured and the potential ramifications if the verdict or settlement is not allocated between the damages, both as to insurers and insureds.

SESSION 2 - I Never Metadata That I Didn’t Like: Evidence Unseen, What Lies Behind the Screen

• Speakers:

• Adam Cohen, Davids & Cohen, P.C.

• Brian Donnelly, Cullen and Dykman, LLP

• Timothy Dronson, Aon

Can evidence be found in technology? The answer is a resounding "yes." This session will explore how metadata can be used in litigation. Starting with a discussion of what metadata is and the importance of understanding its use in litigation, the session will provide a practical overview of this compelling topic. Metadata attaches to all electronic files and can provide information on the who, what, why, when, and where. Pull back the curtain and discover why metadata is megadata!

SESSION 2 - Multiple Insureds With Insufficient Limits: The Law, Considerations, and Recommendations

• Speakers:

• Melanie Irvin, Branch Insurance

• Patrick Kenny, Armstrong Teasdale LLP

• Karen Moriarty, Coughlin Midlige & Garland LLP

• Bill Riley, Sedgwick

Imagine an accident causing damages far in excess of the applicable insurance limit, where multiple insureds are exposed to the liability, and a claimant offers to release some - but not all insureds - in exchange for the payment of the policy limit. How should the claim handler respond? Surprisingly, most jurisdictions have no clear guidance on the question. Worse, the rules in those jurisdictions that have addressed the issue conflict. This program will address those rules, the policies underpinning them, and recommendations for handling the situation in jurisdictions that have yet to settle on an approach.

SESSION 2 - Navigating the Minefield: Privacy, Ethics, and Coverage and Liability Determinations

• Speakers:

• Marie Cheung-Truslow, Law Offices of Marie Cheung-Truslow

• Casimir Maliszewski CLMP, CCP, LEO Mediations, LLC

• Jerry Provencher, Provencher & Company

• Robert Wilens, Thompson Brody & Kaplan, LLP

Investigating the veracity of a claim is critical to correct coverage and liability determinations, but it can also lead claims professionals through a minefield of privacy and ethical issues, and potentially civil penalties. When do insurers cross the line when using the internet to find information critical to a coverage or liability determination? This session addresses the ethics, rights, and duties related to insurer investigations, and addresses the use of social media, and private or proprietary electronic information.

SESSION 2 - Resolving Issues Arising Out of Settlement of Multiple Underlying Claims That Exceed Policy Limits

• Speakers:

• Michael Baumel, Old Republic Insurance Group

• Paul Koepff, Clyde & Co

• Hema Mehta, Chartwell Law Offices

• Jeffrey Trimarchi, Kennedys

This panel will address serious problems that arise when the insured seeks coverage for multiple claims brought against it at different points in time under the same policy, but where the claims exceed policy limits. The panelists will discuss what are the most appropriate ways for the insurer to provide coverage for underlying claims within the total amount of limits, but at the same time, explain how best to avoid claims of bad faith by not paying the underlying claims in an appropriate way. Presenters will also discuss the alternative of paying the most significant claims but point out the risk in doing it that way. We will also cover a recent decision where a jury found the insurer to have acted in bad faith even though it paid the most significant liability of the insured first, which thereby exhausted its coverage, and thus no other claims were covered.

SESSION 2 - Time for an Intervention: Direct Liability Carrier Participation in Underlying Tort Lawsuits

• Speakers:

• Brad Markvart, American Family Insurance

• Sarannah McMurtry, First Acceptance Insurance Company, Inc.

• Rick Porotsky, Dinsmore & Shohl LLP

• Michael L. Young, Self Employed

Whether an insurance company has liability coverage for a lawsuit often will turn on the resolution of certain key facts. American courts traditionally had not allowed carriers to intervene in such suits to participate in these factual determinations. Courts around the country, however, are starting to recognize the inefficiencies and potential for collusion in such a system. For these reasons, the legislature in one state (Missouri) recently granted liability insurers the right to intervene under certain circumstances, though the courts have tried to limit that right significantly. Overall, an increasing number of states have allowed intervention to promote the efficient resolution of insurance coverage issues and to prevent the entry of collusive tort judgments. This roundtable will focus on whether, when, and how a carrier should intervene in an underlying suit and the benefits and risks of same. The presenters will utilize hypotheticals to lead an interactive discussion of how intervention might help bring a claim to resolution as each of them handle claims in jurisdictions where intervention is a very real consideration and therefore will draw upon years of practical experience.

SESSION 2 - Work Comp Claims and Litigation Management in the Age of Technology

• Speakers:

• Ania Caruso, The Plexus Groupe

• Jennifer Cogbill, Gallagher Bassett Services, Inc.

• Jennifer Morris Jones, Cranfill Sumner LLP

• Dorothy Riviere, Bardavon Health Innovations

With wearable devices such as fitness trackers and smart watches, as well as social media, employees and employers are utilizing technology in unprecedented ways. This session will focus on both an overview of legal and medical breakthroughs along with challenges and strategic management of technological utilization in workers compensation claims. Specifically, it will focus on how technology can be utilized to monitor employee performance and safety, enhance post-injury care, and create additional opportunities for employees to return to work. It will also examine various issues and barriers from both the employer/administrator/insurer and the injured worker points of view that must be considered when using technological advances in the workers compensation claims management process.

Lunch

SESSION 3 - Autonomous Vehicles: Technology Meets Insurance

• Speakers:

• Timothy D. Crawley, Anderson Crawley & Burke, PLLC

• Lori Ilgenfritz, Self Employed

• David Renovitch, Goldberg Segalla LLP

• Yanai Siegel, Appliance Dealers Cooperative

Tesla cars on “AutoPilot” have killed four drivers thus far in vehicular collisions in clear weather using driver-assist technologies, yet the responsibility for those accidents seem to fall between technical failure and driver error. Elsewhere, self-driving trucks and buses are already being deployed in limited roles today, and self-piloting watercraft and aerial drones are likewise under test, particularly for delivery of products to consumers. Product liability, design defect, auto collision, cyber risk — how can insurance cover this new technology? Get briefed on the latest technology, vulnerabilities and other risk management issues, with accompanying perspectives on how engineers are building ethical decision-making into a future of transportation. The session will also explore how handling these claims will be different from current transportation accident investigations.

SESSION 3 - Delivery Driver Down: Liability of Home Delivery/Curbside Pickup

• Speakers:

• Jeffrey Gill, Vernis and Bowling

• Vanda Harris, Ironwood Insurance Services

• Anthony Sciarrino, Vela Insurance Services LLC

• James Shea, Miles Mediation & Arbitration

It’s not hyperbole to suggest that COVID-19 has ushered in a new world for the retail and restaurant industries. Not only has the virus altered the financial picture for national and local brands but their long-term direction and modes of operation will be forever altered. While the long term health, social, and economic implications of the virus are difficult to predict, companies large and small have invested heavily in contactless shopping, e-commerce options, and home delivery. This interactive presentation will focus upon the identification and management of risks associated with the new reality of digital shopping, food deliveries, in-home product assembly, curbside pickup, and other innovations made necessary by the challenges of keeping customers engaged despite suggestions for reduced human contact.

SESSION 3 - Don't Get Speared: Coverage Pitfalls When Your Insured Files for Bankruptcy

• Speakers:

• Stephanie Allen, AIG

• Michael DeLonay, AXIS Specialty US Services, Inc.

• Eric Fitzgerald, McAngus Goudelock & Courie, LLC (MGC)

• Harold Weston, Georgia State University

One of many unfortunate results of the COVID-19 pandemic is a rise in bankruptcy filings. What does a claim professional need to know about insurance policies in bankruptcy court? Who is entitled to the policy proceeds and when? What do they need to prove? This timely and dynamic discussion will answer these questions and more regarding insurance coverage and bankruptcy.                                                                                                                                                             
Some issues include:
    • Who is your insured in bankruptcy? What are your obligations under tripartite ethical considerations?
    • What happens to the duty to cooperate?
    • What happens to higher layer insurers if there is an SIR and no one to satisfy it?
    • What happens if the insured is acquired in bankruptcy?
    • Who can bring a bad faith claim, and when?
    • How are first party claims and third party claims treated differently?

SESSION 3 - Electric Scooters and Bicycles: Micro-Mobility, Macro Exposure?

• Speakers:

• Ian Campbell, Exponent

• Carly Falgout, Bear Mediation

• Bill Keville, Melick & Porter, LLP

• Michael Reed, Allstate Insurance Company

Dockless micro-mobility devices such as electric scooters have revolutionized the last-mile aspect of transportation, appearing seemingly overnight across the nation. As with any revolution, dockless transportation is not without bumps in the road. Proponents see e-scooters and e-bikes as the future of short-distance travel and a greener alternative to automobile travel, while detractors see these devices as a nuisance cluttering up sidewalks or enabling other bad behavior. In this session, we will explore issues related to dockless e-scooters and e-bikes such as the current regulatory environment, who the stakeholders with potential liability are when an incident occurs, how to properly investigate and document a claim involving a micro-mobility device. We’ll also review the latest scientific findings regarding micro-mobility safety, injury potential, and the role of safety equipment such as helmets. Join us for an electrifying conversation to boost your readiness for an electric scooter or bicycle injury claim.

SESSION 3 - EPL Claims in the Age of COVID-19: Where We Are and What We Can Expect

• Speakers:

• Robert Bernstein, Laner Muchin, Ltd.

• Claudia Costa, Gordon Rees Scully Mansukhani

• Greg Lee, ARC Excess and Surplus, LLC

• Eric Marler, Counterpart, Inc.

COVID-19 is changing the claims landscape in many lines, and EPL is no exception. In this session, presenters from a range of perspectives—including experienced plaintiff and defense employment law attorneys, and claims executives—weigh in on developments in retaliation and whistleblower claims; leave-related claims under the FFCRA, FMLA, and state leave laws; discrimination claims arising from reductions-in-force, furloughs, or pay-reduction programs; and more. Presenters will also offer predictions on the types of employment claims that will be more prevalent in the future; and will discuss practical, preventative-minded strategies employers should consider to minimize their risks.

SESSION 3 - Follow the Yellow Brick Road: Improving Outcomes Through Relationships

• Speakers:

• Justin Bayer, Kane Pugh Knoell Troy & Kramer, LLP

• Martin Block, Arch Insurance Group Inc.

Many insurance companies are reorganizing work and using fewer law firms. Join us to learn and share strategies for improving your relationships whether you are on the carrier or firm side. We will discuss ways to differentiate your firm in a highly competitive environment, discuss strategies to manage your panel to maintain the best quality and outcome, and discuss tips for addressing and avoiding those seemingly arbitrary reductions of legal invoices.

SESSION 3 - Get Ahead of the Claim: Professional Liability in a Post-COVID-19 World

• Speakers:

• Walter Adams, Berkley Alliance Managers

• Jennifer Hamilton, NAMIC Insurance Company, Inc.

• Scott Ruksakiati, Tyson & Mendes LLP

• Jennifer Wojciechowski, Community Association Underwriters of America, Inc.

The COVID-19 pandemic has impacted every professional, company, and person in some way. Along with shifting societal norms and expectations comes increased professional malpractice exposure. What changes will the professional liability insurance industry see in a post-COVID-19 world? For example, construction projects may be delayed or cancelled entirely due to COVID-19, creating incentives to accept less than desirable projects or enter into bad contracts. Labor and staffing issues for design and construction firms could impact the ability to meet deadlines and project milestones, potentially resulting in delay damages claims. How should claims professionals address these novel challenges in not only construction-related claims, but also professional liability claims in general? This solution-oriented roundtable will provide actionable tools for claims professionals, insurers, and their defense counsel to use now to protect against increased exposure in the wake of COVID-19.

SESSION 3 - Hail or High Water? Techniques for Properly Investigating Weather-Related Claims

• Speakers:

• Howard Altschule, Forensic Weather Consultants, LLC

• Steven J. Badger, Zelle LLP

• Francis Scahill, Scahill Law Group

• Mary Sebera, AIG

It’s crucial to know what the weather was at a loss location when handling weather-related claims and litigations.  Hail, wind, and hurricane claims and lawsuits are occurring much more frequently and they’re also becoming much more expensive.  It's never been more important for adjusters and attorneys to properly determine if damage occurred, what caused it, and when it occurred.  This session will discuss the different vendor hail reports that are used regularly, why they all say different things, how reliable they are, and why they could end up destroying a case.  We will explain when different experts should be relied upon, the value that weather experts bring to a case, and the implications of not using the right experts to prove a claim or lawsuit.  Real-world examples of claims and lawsuits that imploded because of inaccurate information and unqualified experts will be discussed.  A Certified Consulting Meteorologist will explain how the latest technology, different Doppler radar products, and numerous other types of weather data should be used to determine what the weather was at the exact loss location, and how these experts can help during both the claims and/or litigation stage.

SESSION 3 - How Far Have We Come? An Introspective Look at the Industry's Journey Toward Inclusion

• Speakers:

• Amy Cooper, Gallagher Bassett Services, Inc.

• Faith Mason, Arch Capital Group

• Sally Noma, Noma Law Firm

The insurance industry has been talking about inclusion for many years, and diversity for even longer. So, how far have we come? Are our employees a reflection of the people we strive to help each day? Do we run to problems for everyone equally? Do we recruit and retain the best people for the role while keeping our implicit biases at bay? Let’s take a moment to answer some of these questions as we reflect on the past year to see just how far we have come with our actions, as well as what work we still need to accomplish.

SESSION 3 - I Built a Monument to Myself and You Ruined It! Resolving High-End Home Construction Litigation

• Speakers:

• Robert Carlson, Koeller, Nebeker, Carlson & Haluck, LLP

• Barbara Laskaris-Lorigan, Golden State Claims Adjusters

• Craig Meredith, Craig S. Meredith, Attorney + Mediator

• Michael Villalba, Pete Fowler Construction Services, Inc.

How do you resolve construction litigation when a plaintiff has functionally unlimited resources and what they care about, above all else, is making their opponent suffer? It's a surprisingly common situation, as building materials and processes become more advanced and complex. Through the use of case studies, attendees will learn how to analyze, evaluate, and convince the other side that the time and money needed for a trial will only serve the interests of attorneys and experts.

SESSION 3 - Managing a Company Crisis

• Speakers:

• Carolyn Eldracher, Tokio Marine America

• Cynthia Randall, ProNet Group, Inc.

• Sam Terzich, GB Specialty (Division of Gallagher Bassett)

• Marisa Trasatti, Cipriani & Werner, PC

Would you know what to do if a regulatory or law enforcement agency came knocking on your client's door, threatening to shut down a lucrative product line? By the end of this session, you will. Learn the detailed steps to take in the midst of a crisis, and how to establish preventative measures before one even occurs through the use of a real-life occurrence that was unlike any other.

SESSION 3 - Opioids, COVID-19, and Beyond: How to Abate the Nuisance Driving Social Inflation

• Speakers:

• Jodi Green, Legal Limits

• Paige Houin, BatesCarey LLP

• Sonia M. Valdes, Medmarc Ins. Group

Although many factors drive social inflation, one key item in the plaintiffs’ toolbox is public nuisance. Driven in part by the multimillion-dollar settlements in the opioid litigation, the plaintiffs' bar is increasingly turning to public nuisance as a tool to propel nuclear verdicts and settlements. Plaintiffs in these cases seek to bypass the onerous causation requirements of traditional torts by seeking forward-looking funding for generalized public harm. Using opioids and COVID-19 litigation along with other case studies, this roundtable will engage the audience by allowing them to predict potential next wave nuisance causes of action as one factor causing social inflation. In turn, we will discuss how – despite nuclear verdicts arising from these claims – insurers are responding to these claims to abate that impact. In the context of actual case studies, we will discuss existing insurance coverage defenses to current nuisance claims, including whether damages are because of bodily injury, whether abatement remedies should be considered damages under a liability policy, as well as forward-looking options to temper the risk of exposure arising from public nuisance claims, including exclusionary endorsements and other underwriting considerations.

SESSION 3 - So Many Options! Taking Medicare's Future Interests into Account

• Speakers:

• Kelly Hopper Moore, Liberty Mutual

• Lori Wirkus, Flynn|Wirkus P.C.

• Danielle Yearick, Tybout Redfearn & Pell

With potential Medicare future medical rules for liability, no-fault, and work comp claims likely to be published in 2021, knowing all your options to take Medicare's future interests into consideration is more important than ever. Participants will learn all of the options available to make sure Medicare's future interests have been taken into consideration when settling medical care related to and associated with a work comp claim. The discussion will include self-allocations, physician opinions on future costs, professional future medical costs projections, Medicare set asides, and MSA legal opinions.

SESSION 3 - Target Claims Litigation Challenges with Artificial Intelligence

• Speakers:

• John McGann, AXA XL

• Scott Schafer, Gallagher Bassett Services, Inc.

• Vincent Venturella, Wolters Kluwer ELM Solutions

Artificial intelligence (AI) is a technology that is not going away, and carriers are using it more and more for customer service, fraud detection, underwriting, and claims handling. The problem with any cutting-edge technology is using technology for technology's sake instead of using technology like a scalpel to home in on and solve specific, business-critical problems.  In this session we will cover how insurers are using AI effectively to manage and solve for claims litigation issues. While AI is great for executing repeatable, tedious tasks to free people up to do more valuable work, the true power of AI lies in giving adjusters and claims litigation managers decision support at key inflection points.

SESSION 3 - This Call Is Being Recorded (Without Your Knowledge): Telemedicine's Liability, Privacy, and Cyber Coverage Concerns

• Speakers:

• Monique Ferraro, Hartford Steam Boiler Inspection & Insurance Company

• Kelly Johnson, Goldberg Segalla LLP

• Shylah Luna, Barton Gilman LLP

• Cheryl Vollweiler, Skarzynski Marick & Black L.L.P.

COVID-19 has brought telemedicine to the forefront as an integral factor in providing patient care while maintaining social distancing during a global pandemic. However, telemedicine providers are reporting double- and triple-digit increases in cybersecurity events, IP reputational security alerts, and security problems at both the patching and endpoints. In addition to these privacy, security, and liability concerns, this session will explore the numerous coverage issues presented involving multiple kinds of coverage as well as unexpected risks for insureds.

SESSION 3 - Upping the Game: Taking Metrics to the Next Level

• Speakers:

• Valerie Edwards, Luks, Santaniello, Petrillo & Cohen

• Michael Hinojosa, National Claim Services LLC

• JD Keister, McAngus Goudelock & Courie, LLC (MGC)

• Taylor Smith, Suite 200 Solutions

• Jonathan E. White, Home Depot U.S.A., Inc.

Over time, litigation metrics have been shaped and driven by the insurance industry. Parameters around billing efficiencies and cycle time are clearly defined. Can law firms take the metrics conversation to the next level? How do we combine the insights and power of all parties to move the industry forward? Industry experts address these questions and more in this dynamic session designed to make participants think and act. The panel will examine how two metrics-centric law firms have addressed this opportunity, and what two leading litigation executives think of these efforts and the opportunities to excel by working in conjunction with their firms. Participants will walk away with a deeper understanding of how more robust litigation metrics can improve case evaluations, risk transfer, indemnity, and expense reserves, and how they can inform case strategies, resolution plans, and more. The panel will discuss several key findings from the CLM’s 2019 Litigation Management Study and the 2020 CLM Defense Counsel Study and explore their implications related to metrics. Counsel and claims/litigation management professionals won’t want to miss this session.

SESSION 3 - When Generations Collide: Evolving Ethical and Harassment Issues in the Modern Workplace

• Speakers:

• Christopher Bates, Kahana Feld, LLP

• Bert Dizon, Cardinal Captive Strategies

• Gracemarie Mende, Arch Insurance Group Inc.

• Penny Wright, Self Employed

As younger generations populate the workforce and rise to higher levels within companies and firms, traditional employment operations and procedures have come under renewed scrutiny. Perspectives are changing regarding what is considered ethical and proper behavior, and the interaction between and among generations in the workplace will determine not only if your business is successful, but also if it becomes ripe for potential claims and litigation. Employers can be held liable for unlawful harassment conduct by just about anyone who comes in contact with employees in the workplace; and in locations beyond the office, including where employees eat lunch, off-premises work locations, and even private events. This session will cover ethical and harassment issues that can arise when older and younger generations come together in the workplace.

Break

SESSION 4 - A Heavy (and Expensive) Burden: Managing Data in the Age of Data Privacy Legislation

• Speakers:

• Yosha DeLong, Mosaic Insurance

• Howard Franco Jr, Collins + Collins LLP

• Carolyn Purwin Ryan, Mullen Coughlin

• Laura Zaroski, Arthur J. Gallagher & Co.

As a result of data privacy legislation gaining more traction in the wake of regulations like GDPR, all stakeholders in the insurance industry have new and expanded responsibilities when it comes to how they collect, store, use, and distribute personal information. In this session, recent developments in states across the nation will be discussed and tips dispensed so that professionals of all levels and disciplines will know how to up their game to remain compliant, no matter if they are an insurer, third-party administrator, or outside counsel.

SESSION 4 - All's Well That Ends Well: Navigating Conflict Resolution

• Speakers:

• Jennifer Elowsky, Self Employed

• Stacy L. La Scala, JAMS - La Scala

• Donna MacConnell, IMA

• Franklin Turner, Rogers Townsend, LLC

With so many disputes handled outside the courtroom, it's clear that ADR is where the real money is won and lost. Led by veteran adjusters, ADR neutrals, and seasoned defense counsel, this session will offer practical strategies for attendees on how to best prepare their cases for maximum return for both in-person and virtual ADR sessions.

SESSION 4 - Avoiding the "Not-It" Syndrome: Keys to Risk Transfer Across Jurisdictions

• Speakers:

• Alex Chazen, Lorber, Greenfield & Olsen, LLP

• Benjamin Dowers, Gunther Legal, PLLC

• Henrietta Hinojosa, National Claim Services LLC

Every claims professional should be looking at risk transfer methods and techniques to ensure the proper parties are contributing to both the defense and indemnity in construction-defect actions. This session will unlock the secrets to effective risk transfer in jurisdictions such as California, Arizona, Texas, and Florida.

SESSION 4 - Benefits of Early Communication After an Adverse Outcome

• Speakers:

• Jeff Bone, MMIC

• John Hicks, Norris Keplinger Hicks & Welder, LLC

• R. Douglas Vaughn, Deutsch Kerrigan, LLP

Physicians and hospitals are well trained to deal with patient problems that develop outside of a hospital or clinic, but what happens when there is an adverse outcome during treatment? How should the facility approach the involved patient? Is your practice or facility prepared? Communication and Resolution Programs (CRPs) answer these questions. Ensuring transparency, developing an action plan for communication, and supporting the emotional needs of the care giver and the patient are essential after an adverse outcome. The roundtable will discuss how applying these principles immediately after an adverse outcome can positively change the risk management process as well as result in lower indemnity and expense costs. Opportunities for MPL carriers and defense counsel to support and enhance the role of CRPs in healthcare will also be reviewed.

SESSION 4 - COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation

• Speakers:

• Regina Cedeno, Fleming Insurance Holdings

• Jeff Eberhard, Smith Freed & Eberhard

• Geoffrey Lutz, Resnick & Louis, P.C.

Whether it's involving business interruption, employment, wrongful death, or negligence, insurers have seen many new and unique lawsuits stemming from COVID-19-related claims. How courts address coronavirus related lawsuits may have lasting impacts beyond just this pandemic. Examining the courts’ reasoning and rulings on business interruption claims and other pandemic related lawsuits will provide claim professionals with a framework to understand how laws created during these turbulent times will impact future suits.

SESSION 4 - Defending a Client with a Big Name or a Bad Reputation Post-COVID-19

• Speakers:

• Ozie Lewis, Old Republic Insurance Group

• John Lucas, Sompo International Insurance

• Diane Messerschmitt, Triton Claims Management, LLC

• Alecia Walters-Hinds, Lewis Brisbois Bisgaard & Smith, LLP

Outside counsel and claims professionals represent clients with big names and deep pockets, as well as clients with bad reputations from past wrong doing or based on the media. Strategies will be discussed regarding how claims professionals and outside counsel can tackle problems with these types of clients. It also will discuss step-by-step defense strategies for defending each type of case, including when the client has been labeled a villian as a result of the COVID-19 pandemic. Reptillian theory considerations, will be covered, including how plaintiffs' counsel use safety and danger to get emotional responses to obtain large awards.

SESSION 4 - Employee Mental Health and Its Impact on Productivity and Performance

• Speakers:

• Teresa Bartlett, Sedgwick

• Jim Roach, Hennessy & Roach P.C.

• Thomas Ryan, Self Employed

• Nancy Strubler, National Express Corporation

There is growing awareness that employee mental health impacts organizational productivity and performance. Production demands, financial woes, chronic pain, and relationship strain can all create added stress and anxiety at the workplace. The COVID-19 pandemic frequently magnified workplace tension and put further pressure on employee mental health and emotional well-being. Some were anxious about bringing COVID-19 home to their families and loved ones. Others were subject to threats and violence as they attempted to enforce protective measures such as enforcing mask-wearing policies. The industry has long recognized that physical injuries and disabilities can result in lost workdays and increasing costs but little regard has been given to mental well-being and behavioral health matters. To the contrary, mental illnesses and behavioral disorders have frequently gone undetected or under-reported largely due to the social stigma placed on such conditions or limited access to mental health resources. This session will address some of latest thinking and research on the impact of mental health at the workplace, share case studies and statistics that illustrate both challenges and potential solutions, and describe how a whole health approach can improve both workplace productivity and performance.

SESSION 4 - Judging What Matters in Today’s Tri-Part Relationship Using KPIs, AI, and Other Emerging Measures in Litigation Management

• Speakers:

• Alex Malino, Barry McTiernan & Moore LLC

• James Martin, Gallagher Bassett Services, Inc.

• John McGann, AXA XL

This session will focus on the existing and emerging tools used to measure success in litigation management. It will focus on vendor management-based selection of law firms and the metrics involved in decided what, who, and when to use certain law firms. Panelists will also discuss the analysis of corporate, law firm, and insurance company business intelligence considerations when evaluating the efficiency and long-term relationship of the three. We will pinpoint the challenges and competing interests of the relationship as well as ways to increase competencies that will add value to the firm, company, or business.

SESSION 4 - Keep Your Balance on the Three-Legged Stool: Challenges Facing the Tripartite Relationship

• Speakers:

• Maria Elena Abate, Colodny Fass, P.A.

• Amanda Gann, Good2Go Auto Insurance

• Dwight Geddes, Metro Claims & Risk Mgmt

• Charles Watkins, Kubicki Draper

Explore the roles of the key players in the tripartite relationship and how vital it is to strike the appropriate balance. This relationship stems from the insurer’s duty to defend the insured against claims asserted by third parties. The specter of conflicting coverage positions often can lead to challenging questions for defense counsel, coverage counsel, and the insurance company paying the bills. However, the relationship is governed by a complex system of case law, statutory law, contracts, and ethical rules. A majority of jurisdictions hold that insurer-appointed defense counsel has two clients, the insured and the insurer, and owes the full spectrum of attorney-client duties to them both. A minority of jurisdictions provide that the insured is defense counsel’s only client, or the primary client. All positions cause a number of vexing and difficult decisions for the players. This discussion will use real life examples to explore ethical solutions to these challenging situations and will be presented through the eyes of defense counsel, coverage counsel, and the insurance carrier.

SESSION 4 - Removing the "Pits" from "Peachy" Cases: Lower Damages by Fighting Life Care Planner Opinions

• Speakers:

• Debbie Champion, Rynearson Suess Schnurbusch & Champion

• Mitzi McLean, DaVita Inc.

• Glenn Price, MIRMA

• Howard Shafer, Shafer Partners, LLP

Life Care planners can add millions to damage evaluations, but most claims professionals don't know how to begin to battle these foes, who are essentially hired guns for the plaintiffs' bar. Arm yourself with the skills needed to decrease risk, find weak spots, and counter over-reaching plaintiffs so you can de-fang these so-called experts to ensure more reasonable settlements in large personal injury cases.

SESSION 4 - Social Inflation, Litigation That Follows, and Impact on the Industry

• Speakers:

• Andrew L. Klauber, Malapero Prisco & Klauber LLP

• Matt McColley, KW Specialty Insurance Company

• Caryn Siebert, Gallagher Bassett Services, Inc.

Social inflation has increased the number and severity of insurance losses due to a variety of social factors. This discussion focuses on the factors driving the cultural shift in society, and the various issues driving the current legal climate. Understanding these factors and their effects will allow attorneys and claim professionals to better analyze claims, discover, defend, and more accurately assess insurer’s risk of loss. Claims professionals are confronted with these issues throughout the claims process, dealing with claimants individually, counsel and ultimately jurors, all of these elements are severely impactful and need to be considered ab initio and throughout the course of the claim as they will impact the entire thought process as to when and how to settle and the amounts of same, consideration of insureds, public perception, and other elements that may affect the otherwise traditional approach to claims handling and settlement.

SESSION 4 - Strategic Use of Data for Weather Events in Property Claims

• Speakers:

• Stephen Berry, Builders Insurance Group

• Mike Higginbotham, Philadelphia Insurance Companies

• James Swinehart, Self Employed

• Jason Webster, AtmoSci

This will be a practical discussion of the type of losses and weather events experienced and the type of issues that arise from them. The group will also explore: 1. The forensic or analytical tools available and understanding them; 2. Weather data that is useful or not so useful; 3. Deconstructing weather data used to support a claim; 4. Considerations for making coverage decisions; 5. Use of weather data in examinations under oath or depositions; and 6. Use of experts for appraisal or trial.

SESSION 4 - Tactics to Hit Your Target: Structured Settlements and Plaintiffs Maneuvers

• Speakers:

• Avery Barrett, Brightwild

• Jessica Mauch, AXIS Specialty US Services, Inc.

• Jeffrey Miragliotta, Kahana Feld, LLP

Nothing is business as usual these days. With the constantly changing environment, attorneys and claims professionals must identify which tactics are available to help them achieve the best possible results. Prior to the COVID-19 pandemic it was safe to say that the plaintiffs' bar, defense counsel, and claims handlers were able to identify the true value of a claim early in litigation. However, for a myriad of reasons it is now not that simple. This roundtable will discuss responding to plaintiffs' threats to drive up the cost of their claim, explore what trends are being seen nationwide in both the courts and claims handling, and discuss how the court slowdown could benefit the defense bar and claims handlers in certain situations. The use of structured settlements as a negotiation tool to help settle claims through creative case analysis, planning, and good communication also will be reviewed.

SESSION 4 - The Human Factors Edge in Reviewing Videos in Liability Cases

• Speakers:

• David Cades, Exponent

• Daniel Deitch, NFI Industries

• Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP

• Michelle Leighton, Conner Strong & Buckelew

• John Messersmith, Kalbaugh Pfund & Messersmith PC

Although technology advances have greatly increased the amount of accident data available to claims professionals, our industry lags in training and educating decision makers on basic human factors concepts that are commonly presented to jurors to explain and understand what is observed on video. This roundtable will discuss access to post-accident data, how to retain same, and how to avoid spoliation. We will also look at information which is retained and how to properly review and understand the data to make liability assessments.

SESSION 4 - To Reserve Or Not To Reserve

• Speakers:

• Robert Brunson, Freeman Mathis & Gary, LLP

• Shannon Harjer, Quincy Mutual Group

• Dawn Krigstin, Envoy Specialty LLC

• Ronna Ruppelt, Freeman Mathis & Gary, LLP

• Bharat Varadachari, HeplerBroom LLC

The roundtable will focus on the myriad of factors that must be considered before a carrier decides to issue a reservation of rights to its insured. Specifically, best practices in making this determination will be discussed, as well as the implications if a proper review of coverage is not done, including subsequent bad-faith actions, consent judgments, and equitable garnishments. COVID-19 will be discussed regarding the expected flood of third-party claims, but the conversation will go beyond COVID-19 because the ability to issue a reservation of rights is critical to the carrier’s handling of every kind of claim.

SESSION 4 - Winning at Risk Shifting

• Speakers:

• Kay Baxter, Gordon Rees Scully Mansukhani

• Dawn Dezii, Margolis Edelstein

• Jim Everett, Everett Cash Mutual Insurance Group

• Penny Hamilton, James River Insurance Company

While often encountered in construction litigation, contractual risk shifting can arise in many situations including products liability, environmental claims, premises liability, and transportation. Common law risk shifting can arise at almost any time including claims for contribution and indemnification. It serves as a method to control future liability, cost savings, and predictability. There are many types of coverage and agreements that potentially provide this protection. This session will discuss the appropriate way to make claims as an additional named insured or under common law, or other types of available coverage or agreement. Equally as important is defending against these claims. Not every tender is appropriate nor must be accepted and there are variety of defensives that can be used to avoid taking on another party’s liability. These defenses may depend on the nature of the claim asserted or the timing of the tender. Knowing how to defend against a tender of a defense and indemnity obligation is equally as important as knowing how and when to tender a claim. This group discussion will cover important strategies which may seem routine but must be considered in any potential lawsuit.

Committee Meetings - Alternative Dispute Resolution Committee

Committee Meetings - Cannabis Committee

Committee Meetings - Construction Community

Committee Meetings - Cyber, Management and Professional Liability Community

Committee Meetings - Diversity, Equity and Inclusion Committee

Committee Meetings - Environmental and Toxic Tort Committee

Committee Meetings - Extra-Contractual Committee

Committee Meetings - Insurance Coverage Committee

Committee Meetings - Insurance Fraud Committee

• Speakers:

• Dwight Geddes, Metro Claims & Risk Mgmt

Committee Meetings - Product Liability Committee

Committee Meetings - Property Committee

Committee Meetings - Retail, Restaurant and Hospitality Community

Committee Meetings - Subrogation Committee

Committee Meetings - Transportation Committee

Committee Meetings - Workers Compensation Community

Committee Meetings - Young Professionals Community

CLM Awards Dinner and Reception

We're mixing things up in 2021. This year, we're moving the recognition of the CLM Professionals of the Year finalists and announcement of the winners, along with the recognition of the CLM Lifetime Achievement Award winner to the Thursday night dinner. This sit-down dinner gives attendees a chance to connect with each other and recognize their award-winning colleagues. We will also be recognizing all new Certified Claims Professionals (CCPs), Advanced Claims Professionals (ACPs), and Certified Litigation Management Professionals (CLMPs). We might even have a few surprises up our sleeves. Join us for this very special evening.