Schedule/Sessions

Breakfast

Premiere Session - Diversity, Equity and Inclusion: A Beginner's Guide to Allyship in Law, Construction, and Insurance

• Speakers:

• Roseann Coughlin, Golden State Claims Adjusters

• Gwen Gatson-Long, Gallagher Bassett

• Mikala Glaza, Pete Fowler Construction Services, Inc.

• William Linero, Butler Weihmuller Katz Craig LLP

Diversity, equity, and inclusion have been especially hot-button topics in recent years. Workplaces now put greater importance on not just hiring more diversely, but also on creating an inclusive culture. “It’s time to step up and become an ally!” cry companies, often without clarifying how to become an ally, or even what diversity, equity, and inclusion mean to begin with.

This presentation aims to define basic terms and concepts to keep in mind while also providing examples of actionable allyship and how to overcome common struggles as a new ally. Audience members are encouraged to ask questions for candid advice on personal growth.

Break

Session 3 - Management Liability: Investigating Sexual Misconduct Claims: The Do's, Don’ts and Challenges

• Speakers:

• John Floyd, Wicker, Smith, O'Hara, McCoy & Ford, P.A.

• Joseph Goldberg, Weber Gallagher Simpson Stapleton Fires & Newby LLP

• Richard Henderson, TransRe

The group will focus on sexual misconduct claims beyond the traditional hospital environment and with special attention on social workers, residential facilities, outpatient treatment centers, etc..

Session 3 - Medical Malpractice: Unique Issues in the Defense of Non-MD Healthcare Providers in the Homecare Setting

• Speakers:

• Bruce R. Schuck, Admiral Insurance Company

• Eric Strober, Rivkin Radler LLP

Homecare is a growing field and medical and quasi-medical malpractice claims are unique and will only continue to increase in this area. This session will address the defense of homecare companies and their employees such as home nurses, wound care specialists, home heath aids, and the like. Panelists will discuss the various types of clients and cases, coverage issues, standards of care, and expert issues. Bring your questions to add to the discussion.

Session 3 - Product Liability: Teens, Trucks, and Advanced Driver Assistance Systems in 2022 and Beyond

• Speakers:

• David Cades, Exponent

• Damian Taranto, Fowler Hirtzel McNulty & Spaulding, LLC

As part of the infrastructure bill recently signed into law, the Federal Motor Carrier Safety Administration will develop an apprenticeship pilot program that will train drivers as young as 18 years to drive commercial trucks across state lines. Under this program, apprentices must drive trucks with forward-facing video cameras and active braking collision mitigation systems. Given that these technologies are becoming increasingly available, it is critical for all claims professionals and litigators to understand how these technologies may assist the driver in responding to hazards and how these technologies become implicated in the incidents we review. Furthermore, a younger population of drivers designed to fill a labor shortage poses an interesting set of factors for claims professionals to consider. This session will discuss the current state of collision mitigation technology, specific to heavy-duty vehicles and trucks, how they become implicated in litigation, and how to defend claims from a human factors perspective.

Session 3 - Professional Liability: Managing Conflicts of Interest in Eroding Limits Policies

• Speakers:

• Brian Bassett, Traub Lieberman Straus & Shrewsberry LLP

• Rebecca DuBoff, Crum & Forster

• Melissa Lessell, Deutsch Kerrigan, LLP

• E. Theresa Panensky, WTW

Professional liability policies are usually eroding or burning limits policies. The erosion of policy limits through the payment of defense costs can create potential conflicts between insurers, the insured, and defense counsel. The tasks assumed by defense counsel in mounting a vigorous defense on behalf of the insured can be critical to the defense of a claim, but they also can deplete policy funds available to protect the insured in settlement or resolution of the claim. Panelists will address how insurers and their coverage counsel address the rates to be charged in defending professional liability claims, how counsel can navigate the defense of claim while preserving policy limits, and how the parties can address potential conflicts of interest when settlement demands are made for the balance of policy limits.

Session 3 - Transportation: The Hidden Dangers of Highway Construction Zones

• Speakers:

• Rebecca Falzone, Acuity, A Mutual Insurance Company

• Tiffany Knight, Houchens Insurance Group

• Rowland Lamb, J.S. Held LLC

• Daniel Santaniello, Luks, Santaniello, Petrillo & Cohen

We all dread seeing the long line of red brake lights when we approach construction zones. Cars and trucks merging, trucks leaving and entering the construction zones, it’s a chaotic scene. It’s also a scene where many accidents occur both on the highway and in these zones. The presenters will help attendees better understand key terms and regulations of these dangerous zones by discussing: the five sections of a temporary traffic zone; the duties of a construction traffic controller; the four types of visual and tactile traffic control devices; and case studies on construction zone accidents with lessons learned.

Break

Session 4 - Claims and Litigation: Practical Tips For Managing Conflicts of Interest in Claims Handling

• Speakers:

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

• Griselda Harris, American Family Insurance

• Doretha Johnson, Hiscox

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

Claims professionals are faced with myriad situations when dealing with high exposure and high intensity claims. Hear these panelists provide practical tips for claims professionals to successfully manage files where there are competing interests (i.e., coverage disputes between the insured and the carrier, also conflicts between the insured and the additional insureds). Learn what steps can be taken to avoid potential bad faith issues and code of ethics violations. Walk away with tools and resources that can be used to assist the file handler in bringing an amicable resolution to the claim.

Session 4 - Diversity, Equity and Inclusion: How To Create Organizations That Are Truly Diverse, Inclusive, and Equitable

• Speakers:

• Jeanette Dixon, Manning & Kass, Ellrod, Ramirez, Trester LLP

• Aisling Jumper, Fair American Insurance and Reinsurance Company

• Jennifer Odrobina, Sompo International Insurance

• Stephanie Panico, QBE Insurance

• Christina M. Rieker, Winget, Spadafora & Schwartzberg, LLP

Presenters will explain how using the acronym AFFIRM can create organizations that are truly diverse, inclusive, and equitable. Learn how the breakdown of this acronym leads to actionable items organizations can take to further their DEI initiatives.

In this largely remote environment, a continuing conscious effort needs to be made to ensure diversity, equity, and inclusion in the workspace, and to provide the support needed to each employee.

Session 4 - Management Liability: Top 10 Steps in Managing a Company Crisis

• Speakers:

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

• Marisa Trasatti, Bowman and Brooke

Think you're ready for a company crisis? This session will highlight critical decision points and provide a road map for adjusters, c-suite, and counsel to review when a crisis lands on their doorstep—be that a cyber attack, a product recall, class action litigation, etc. Preparing for an emergency situation and establishing a crisis management plan is essential to mitigating damages—internally and externally. After this session, you'll be ready.

Session 4 - Medical Malpractice: Medical Malpractice Claims During A Declared Health Emergency: Statutory Immunities and Defense Strategies

• Speakers:

• Sandra Bevans, MedPro Group

• Sidney Degan III, Degan, Blanchard & Nash

• Kiera McGroarty, Watermark Retirement Communities, LLC

• Elizabeth Sconzert, Blue Williams, LLC

The pandemic brought a new wave of litigation against medical providers and continues to stress health care services across the country. Despite federal and state immunities, plaintiffs have asserted a multitude of COVID-19 related claims, and there is increased concern about the potential liability health care providers who are responding to the pandemic face while continuing to provide high-quality care to all patients. This roundtable discussion will focus on current defense strategies at the federal and state levels to shield health care professionals from medical liability during a declared health emergency. Panelists also will discuss tactics that plaintiff lawyers are employing to avoid both federal and state immunities, and will detail the Federal PREP Act, statutes and regulations in several states, and will provide a survey of COVID-19 case law, including Federal Appellate authority regarding jurisdiction and immunity as it sits at the time of the presentation, and the possibility that the US Supreme Court weighs in.

Session 4 - Transportation: What Does the Crystal Ball Foresee for Trucking Litigation?

• Speakers:

• Jim Foster, Cassiday Schade LLP

• Debra Houston, FirstFleet, Inc.

• Lea Kapral, Swift Transportation Company

• Joseph Pappalardo, Gallagher Sharp, LLP

Learn about three trending topics in one presentation. Attendees will hear of how the driver shortage has led to the FMCSA’s Young Driver Pilot Program and the liability implications. Presenters also will cover recent astronomical verdicts across the country, and whether this trend will continue. Finally, get a better understanding of the types of litigation and defenses we may see when there is an accident involving an autonomous truck.

Lunch

Session 5 - Claims and Litigation: The Lion (Cannot Afford To) Sleep Tonight: Herding Carriers With Overlapping Policies

• Speakers:

• Rishabh Agny, Forsberg & Umlauf PS

• Charles Crawford, Assurant

• Derrick Mullen, Seneca Insurance Co.

• Clarence Risin, Baker Donelson Bearman Caldwell & Berkowitz, PC

Often times, navigating the overlapping policies to cleanly coordinate coverage, whether or not policies overlap, and manage indemnity obligations presents a challenge, especially where other insurers are hesitant to open the checkbook. Panelists will share best practices for matters where there are insureds with multiple policies, some of which may overlap. Examples and lessons learned will be shared by experienced panelists for situations such as: coordination of coverage amongst multiple applicable policies; issues when policies overlap; managing indemnity clauses between multiple carriers and liability shifting to trigger same; and carrier options when insurers fail to acknowledge settlement obligations or defense/indemnification duties, i.e., dealing with recalcitrant insurers.

Session 5 - Diversity, Equity and Inclusion: Sad But True: Unconscious Bias in the Claims Environment

• Speakers:

• Christopher Bates, Kahana Feld, LLP

• Bert Dizon, Cardinal Captive Strategies

• LaDonna Murphy, CNA Insurance

• Rebekah Ratliff, JAMS ADR

It is sad but true, unconscious bias is present in our daily life and in all that we do. In the insurance industry, it can unknowingly affect the decisions made in our claims investigations and resolutions. It is also prevalent in how we perceive a claimant, an attorney, or even our own colleagues.

Presenters will explore the various types of biases, how they affect what we do, and how we can recognize them in order to make the case for a better claims strategy and resolution. By gaining a better understanding of the reality of unconscious bias and recognizing how it may arise and permeate our everyday life, we can hope to provide a better and more equitable and inclusive environment in the industry.

Session 5 - Medical Malpractice: Voir Dire Variants: Disruption of Traditional Jury Selection

• Speakers:

• Tiffany Gamlin, Admiral Insurance Company

• Thomas O'Carroll, Hinshaw & Culbertson LLP

• Kevin O'Hara, Beytin, McLaughlin, McLaughlin, O'Hara & Bocchino, P.A.

• Stacy Prince, AdventHealth

Taking a case to trial now is much different than at the onset of the pandemic and even in the midst of the pandemic. Attorneys and claims professionals have to account for multiple variables such as assessing a juror who is wearing a mask or a juror's stance on medical professionals and the perception of their values. Claims professionals must now know how to evaluate a case based on the shift in the general population's view at that moment in time. Panelists will uncover new truths regarding evaluating a jury voir dire in order to seat a panel with the best potential for a defense win.

Session 5 - Product Liability: Breaking Down Product Liability Faults and Findings

• Speakers:

• Christopher Del Bove, Callahan & Fusco, LLC.

• Brian Flinn, J.S. Held LLC

• Mei Wright, CNA Insurance

Did you know research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year? The estimated costs of these injuries is over $12B annually. Claims professionals that handle product liability claims must be well-versed in all elements of such claims in order to perform a thorough investigation and manage the unforeseen that can arise. This session delivers on both the elements and the kinds of product liability claims with engaging case studies involving scuba diver hoses, baby bottle liners, and bicycle seat failures.