Schedule/Sessions

Breakfast - Always Be Prepared: Deposition Tips for Claim Professionals (and the Attorneys Who Represent Them)

• Speakers:

• Matthew Boyer, Freeman Mathis & Gary, LLP

• Nathan Meyer, Jaburg Wilk

• Brett Woodis, R&Q Insurance Holdings Ltd

Many claim professionals will be deposed at some point in their careers. Effective testimony can bolster liability positions, create themes and soundbites for trial, and support pre-trial resolution efforts. In contrast, unfavorable testimony can not only weaken the case, but it can also damage the company’s reputation and prospects in future litigation. Experienced litigators and claim professionals share their top tips to equip prospective witnesses and their attorneys with tools to prepare to give better deposition testimony.

Breakfast - Overcoming Bias in Complex Decision Making and Negotiations

• Speakers:

• Kristina Ashcraft, MC Consultants, Inc.

• Scott Rembold, Rembold Hirschman

• Lee Wright, Tokio Marine HCC

Human decision-making exhibits systematic simplifications, or unconscious decisional shortcuts, that can lead to the formation of cognitive biases. If you are human, you have cognitive biases. The key to managing those biases is to remove them as much as possible from our unconscious minds and bring them into the light. When we realize that we have a tendency toward certain thoughts or actions, we can make a judgment as to whether a particular response to a situation is positive or negative and act accordingly. Once examined, these biases will play a greatly diminished role in our complex decision making and negotiations and lead the way to more accurate, just, and ethical outcomes. 

Breakfast - Talkin' 'bout My Generation: Strategies for Effective Negotiations with Millennial and Gen Z Plaintiffs and Claimants

• Speakers:

• Kim Bush, BIC Corporation

• Danielle Pascale, Tyson & Mendes LLP

• Flavia Pemberton, Everspan

This session will provide helpful insight into negotiation strategies that can be used with various generations of plaintiffs and claimants. Panelists will compare and contrast traditional methods of negotiations that may work well with Baby Boomers and Gen X but may not be the most effective with younger generations. Drawing from their varied and substantial experience, panelists will offer their perspectives on the generational differences in communication, priorities, and beliefs that warrant not only examination, but adaptation of negotiation strategies. Attendees will leave inspired to tackle their next negotiation with creativity, mindfulness, and generational awareness to achieve swift and beneficial resolutions.

Session 1 - Apocalypse Now? Artificial Intelligence’s Impact on Insurance

• Speakers:

• Robyn Lauber, Berkshire Hathaway Specialty Insurance

• Jonathan Meer, Wilson Elser

• Joseph Stephenson, INTERTEL, Inc.

The growing proliferation of artificial intelligence (AI) is impacting most aspects of our daily lives. While it may not be at the level depicted in pop culture like The Jetsons or Terminator movies, society is still pushing for greater automation. From automated cars to Chat GPT, AI is something that insurance professionals should identify as changing the risks that are underwritten and how companies are doing business. This presentation will cover how AI is impacting various lines of insurance; the regulations being proposed to address AI; how insurance professionals and lawyers are using AI; and AI-related litigation highlights. AI and the technology behind it is becoming more commonplace and insurance professionals need to know where things are today in order to be prepared for what is in store for the years to come.

Session 1 - Fraud Alert! Can You Identify Fraud in Your Significant Loss Property Damage Claim?

• Speakers:

• Ed Bowman, Cumberland Insurance Group

• Stephanie Glickauf, Goodman McGuffey LLP

• Fred Karlinsky, Greenberg Traurig LLP

• Sean Weir, Cumberland Mutual

Everyone in our industry should have a basic understanding of how to spot red flags. Arm yourself with the necessary knowledge at this panel discussion presenting strategies for identifying and combating both hard and soft fraud and fraud-like activity across all types of claims and litigation. Together we’ll review a variety of techniques, from preliminary investigation to involving law enforcement, in context with the type, severity, and provability of the conduct. 

Session 1 - Leveling the Playing Field: The Treatment of Insurers in Extra-Contractual Claims and Litigation

• Speakers:

• Michael Bean, Sheppard Mullin LLP

• Janet Foster, Interinsurance Exchange of the Automobile Club

• Catherine Naltsas, Lynberg & Watkins

• Bradley Zaffiri, SECURA Insurance Company

Insurance companies are treated totally differently than other parties in extra-contractual claims and litigation. Join this session to look at the treatment of insurers in litigation and gain practical suggestions for how insurers can better protect themselves against these judicially created disadvantages.

Session 1 - Natural Tensions Within the Law Firm and Insurer Relationship and How to Dispel Them

• Speakers:

• Dan Brunson, Freeman Mathis & Gary, LLP

• Richard Lord, NLC Insurance Companies

• Kelly Petter, Gerber Ciano Kelly Brady

• Anthony Terranova, QBE Insurance

Insurance carriers and their outside counsel: they need each other and yet the policies and procedures of the institutions can be at odds. Setting expectations early in the case and open, regular communication are the keys to preventing the tensions that can arise within the insurer and lawfirm relationship.

Break

Session 2 - Aggressive Claims Handling - Re-evaluating the Relationship Between Carrier and Counsel

• Speakers:

• Brandt Allen, Traub Lieberman Straus & Shrewsberry LLP

• Kevin Fitzpatrick, Wood Smith Henning & Berman LLP

• Samantha Jacey, Greater New York Insurance Companies

• Heidi Mussler, Quincy Mutual Group

This course highlights the importance of the insurance company and claims handler as the captain of the case. Too often, the claims handler does not independently evaluate or reserve a file early enough to explore a potentially more advantageous resolution. Often the claims handler does not post reserves because they are awaiting defense counsel's evaluation and advise relative to value. The claims handler may avoid pursuing an early, favorable settlement while he/she is awaiting opinions from defense counsel on matters that should be associated with the standard adjustment of the claim. This course reminds claims professionals, carriers and their counsel of the importance of the carrier engaging early in negotiations and bringing matters to resolution. We also want to reemphasize the importance of active budgeting in aggressive claims handling, including how budgets should not be one size fits all and, instead, should be narrowly tailored to the case and the adjuster’s specific strategy in bringing the claim to a resolution.

Session 2 - Nothing to Fear: A Closer Look at AI and the Future of Claims

• Speakers:

• Bert Dizon, Cardinal Captive Strategies

• Thomas Fama, Wood Smith Henning & Berman LLP

• Conor Meyers, Axis Consulting

• Maren Mooney, Turner Surety and Insurance Brokerage, Inc.

With the insurance industry’s deep history of using data analytics, it’s not surprising that there are many opportunities arising for the use of analytics including artificial intelligence (AI) in insurance. AI is often discussed, but it is not well understood. While many are skeptical of AI, there are many benefits to it and how it can be used in the claims industry. This panel will take a deeper dive into the use of AI throughout the claims process and provide a thoughtful discussion of how claims professionals, attorneys, and brokers can use AI technology to reduce risk and better assess claims. 

Session 2 - The Extra-Contractual Year in Review Roundtable

• Speakers:

• William Bingham, Freeman Mathis & Gary, LLP

• Kate Jacobi, Reichardt Noce & Young LLC

• Gracemarie Mende, Arch Insurance Group Inc.

• John Shashy, Kemper Insurance Corporation

This course will review the most significant caselaw, administrative, and regulatory extra- contractual decisions from across the country in 2023 to engage participants and attendees 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.

Session 2 - Victimless Crime? Think Again. Insurance Fraud and Understanding the Issues

• Speakers:

• Andy Guerra, Charles Taylor Adjusting & Technical Services

• Bryant Hall, Engle Martin

• Jennifer Provost, Wood Smith Henning & Berman LLP

• Nick Sansone, Donnelly, Petrycki and Sansone PC

The panel will deconstruct the common misconception that “nobody gets hurt” from insurance fraud though this comprehensive session identifying and explaining the types of insurance fraud seen in the industry. Explore real-life examples from the panel, as well as the audience; individuals or entities committing the fraud; and the overall effect of insurance fraud from start to finish, from the perspective of all involved (claimant, insurance carrier, investigators, professionals, attorneys). 

Break

Session 3 - Fastest, Best and Most Probable Outcome - Reserving Philosophy and How We Get There

• Speakers:

• Brian Biggie, Gerber Ciano Kelly Brady

• Martin Block, Arch Insurance Group Inc.

• Rachel Kim, Sompo International Insurance

• Jessica Mauch, AXIS Specialty US Services, Inc.

A key aspect of every claim or file assigned to a claims professional is setting a reserve. This, often
referenced, and many times misunderstood, term is a mainstay in modern claims handling. Setting, and
certainly changing, a reserve holds implications for the claims professional and their counsel throughout
the life span of the claim. This panel will discuss the circumstances that influence and impact setting a
reserve; what it means for a claim and defense counsel’s role in this process. In addition, the panel will
discuss when, and if, a reserve or the reserving process are subject to discovery.

Session 3 - Not a Rental Company, Not Yet a Consistently Regulated Industry: Coverage Issues and Claims Handling in Peer-to-Peer Car Sharing

• Speakers:

• Paul Copenhagen, NLC Insurance Companies

• Margo McCaffrey-Bishop, Quincy Mutual Group

• William Monigan, Gerber Ciano Kelly Brady

Since it was founded in 2009, Turo has pioneered the unique business model commonly known as “peer-to-peer car sharing.” Unlike traditional rental companies, which purchase and own vehicles for the purpose of directly renting them to customers, peer-to-peer car sharing platforms connect drivers who need vehicles with owners willing to rent them out, a veritable Airbnb for cars. In the last ten years, the still-growing peer-to-peer car sharing market has evolved into a billion-dollar industry. However, as recently as 2020, only 13 states had enacted statutes expressly addressing peer-to-peer car sharing companies. As a result, insurance industry professionals face a patchwork of statutes (or worse, none at all), competing policy language, and limited caselaw. To further complicate the matter, some auto policies use older language or frameworks that may not be equipped to address the myriad claims that can occur when a vehicle is being shared on a peer-to-peer network.  

This session will facilitate discussion of the most common issues claims professionals are seeing with peer-to-peer claims and development of a framework for addressing them as consistently as possible across multiple jurisdictions and under different policy provisions."

Session 3 - Risky Business: New Trends in Insurance Fraud

• Speakers:

• James H. Cole, Marshall Dennehey

• Cathy Gicker, Self Employed

• Christine Kroupa, Quintairos, Prieto, Wood & Boyer, P.A.

The Coalition Against Insurance Fraud (CAIF) has come out with a new study that shows the full extent of insurance fraud in the United States. The study estimates total losses due to insurance fraud at around $308 billion, dramatically higher than the group’s $80 billion estimate in 1995. Panelists will discuss the various wide-ranging reasons behind the drastic increase, address some of the new trends in insurance fraud, and how to detect and defend against the same. 

Session 3 - The Benefits and Perils of AI in Claims: A Virtual Kaleidoscope

• Speakers:

• Dion Cominos, Gordon Rees Scully Mansukhani

• Larry Goanos, AmWINS Group, Inc.

• Teresa Milano, Woodruff Sawyer

• Kristine Rickard, Berkley Management Protection

This session will explore the multi-faceted dimensions of artificial intelligence (AI) in the world of legal/insurance claims and how this technology can at once present both massive opportunity and unimaginable risk. The highly pertinent and topical intersections of AI and the law will be explored from four different panelist perspectives: brokerage, underwriting, claims, and legal. The panel will also delve into ethical issues implicated by AI and how to steer clear of pitfalls when they arise. 

Lunch

Session 4 - All in Good Faith: How AI is Changing Claims Handling

• Speakers:

• Edward Carlton, Quilling, Selander, Lownds, Winslett, & Moser, P.C.

• William McVisk, Tressler, LLP

• Jeremy Moen, Arch Insurance Group Inc.

• Jennifer Odrobina, Sompo International Insurance

Artificial intelligence (AI) is rapidly changing the world. Its application to claims handling, particularly in streamlining more routine claims, aiding in liability and damages evaluation, and providing new tools for fraud detection, presents new and exciting opportunities and challenges to the insurance industry and claims professionals. This session will discuss the opportunities for use of AI in claims adjusting and the potential pitfalls that could lead to a claim of bad faith, focusing on what insurance companies can do to maintain good faith claims handling practices while embracing the new world of AI.

Session 4 - It's (Not) All About the Money, Money: What Motivates Plaintiffs to Settle

• Speakers:

• David Carr, Husch Blackwell, LLP

• Michael LoCoco, McCoy Leavitt Laskey LLC

• Jennifer Muellenbach, Society Insurance

Exploring the factors, aside from money, that motivate plaintiffs to settle their cases, this panel will share their experiences with plaintiffs and what non-monetary factors have resulted in case settlement. Panelists – defense litigators and former plaintiff’s personal injury attorney - will also discuss "non-traditional" forms of alternative dispute resolution, and what benefit they might offer in getting difficult cases to settlement. 
 

This session does not qualify for CE credit in Texas.

Session 4 - Virtual Mediation = Real Life Headache? Successfully Navigating Virtual Mediation

• Speakers:

• Amir Kahana, Kahana Feld, LLP

• Zohar Lushe, Chubb

• Michael Mazurczak, Melick & Porter, LLP

• Jully Rojas, Starr Companies

• Jason Rosen, Rosen Resolution, PLLC

After the pandemic moved all mediations/ADR online, will we ever return to in-person mediation? Expert panelists will look at navigating complex cases and assessing mediation, offer strategies for successful mediation using virtual tools and explore the positives, negatives, and future for mediation/ADR in both the virtual and in-person contexts.

This session does not qualify for CE credit in Texas.

Session 4 - Words Matter: Interpreting "Occurrence" in Liability Policies

• Speakers:

• Elliot Kerzner, Cozen O’Connor

• Linda King, Sompo International Insurance

• Alycen Moss, Cozen O’Connor

• Bill Wingertzahn, Sompo International Insurance

While liability policies generally exclude coverage for intentional acts, courts across the country have offered conflicting interpretations of these provisions. This presentation will clarify when courts have allowed insurers to deny coverage on the basis of intentional conduct and when they have found that the resulting injuries are "accidental" even when they result from excluded intentional conduct. Session panelists will focus on when bodily injury or property damage caused by an intentional act can be an "accident" for purposes of triggering coverage under a liability insurance policy.

Break

Session 5 - Gone with the Wind: Addressing Insureds' Cooperation Issues

• Speakers:

• Rishabh Agny, Forsberg & Umlauf PS

• David Henry, Kelley Kronenberg

• Derrick Mullen, Seneca Insurance Co.

• Robyn Sondak, Travelers

From time-to-time, we find that insureds are sometimes “gone with the wind.” Meaning, they are no longer in contact with the insurance company, investigation counsel, or defense counsel. With almost all policies requiring the insured to cooperate with the insurer, the insured's apparent lack of cooperation can constitute a breach of the insurance policy. But voiding the policy and denying benefits isn't as simple as it seems, and insurers should have a plan in place in case this occurs. Join this roundtable for a meaningful discussion about issues related to insureds who are “gone with the wind” and a formula for handling them. 

Session 5 - Mediation Matters: Preparation, Personalities, and Pitfalls in Complex Claims Disputes.

• Speakers:

• Kelley Inman, Hudson Insurance Group

• Russ Patane, Golden, Rothschild, Spagnola, Lundell, Boylan, Garubo & Bell, P.C.

• Rebekah Ratliff, JAMS ADR

Complex claims mediations can have various moving parts that need to be managed simultaneously. Some matters can be handled more effectively with more than one mediator helping to navigate the issues surrounding the facts, coverage, parties, valuations, and cultural disconnects. Co-mediation is a concept that is growing more popular, as parties seek to tackle disputes within the dispute. Join a lawyer, a complex claims professional, and a mediator for a walk through different subject matter areas and explore the rough terrain one may encounter when attempting to resolve these cases at mediation.

Session 5 - RIP: The Death of the Billable Hour

• Speakers:

• Jeanne Givner, FedEx Ground

• Bob Kopka, Kopka Pinkus Dolin

• J. Suzanne Lehner, USAA

• Patrick Mendes, Tyson & Mendes LLP

A panel of industry and law firm leaders will describe their success in developing alternative fee arrangements (AFA) that can replace the billable hour. In AFAs, metrics are used to measure performance and key performance indicators are used for evaluation. With the data available to track legal metrics, the billable hour is not the most useful tool for law firms or clients. Using KPIs, law firms and clients track performance and approve monthly fees that are evaluated and adjusted annually – it’s a win for everyone. 

Session 5 - Teamwork Makes the Dream Work: Achieving More Efficient Claim Resolution

• Speakers:

• Rebecca Appelbaum, Gartner + Bloom PC

• Jannea Rogers, Adams and Reese, LLP

The panel will discuss priority of coverage, risk transfer, additional insured status, and contractual indemnification coverage, looking at how each of those concepts often combine to deadlock, delay, and/or prevent the resolution of a claim. We’ll look at each of these concepts individually, provide strategies for avoiding the pitfalls they sometimes create, and offer tips to use these concepts to facilitate resolution. The discussion will address the perspectives of each of the different parties - insurer, insured, coverage counsel, defense counsel, indemnitor, indemnitee, and plaintiff - and ways for each to assist, rather than obstruct, the resolution of the claim.

This session does not qualify for CE credit in Texas.

Break

Session 6 - Succession Planning

• Speakers:

• Jeffrey Chen, Employers Mutual Casualty Company

• Kiki Chrisomallides, Barker Patterson Nichols, LLP

• John Jablonski, Gerber Ciano Kelly Brady

• Kellene J McMillan, Employers Mutual Casualty Company

• Miriam Mosseri, Old Republic Insurance Company

Succession planning is the identification and development of potential successors for key positions in an organization. The purpose is to ensure the organization survives the separation of key leaders. It is a best practice for all organizations to plan for risks to the organization, including the departure or death of key leaders. A succession plan explains how and when leadership
responsibilities will be transferred to a successor after a current CEO, officer or senior management transitions out of their role. 

Session 6 - Surveillance: The Good, The Bad, and The Ugly

• Speakers:

• Stanley Kanterman, Carrier Specialty Services, LLC

• Bharat Varadachari, HeplerBroom LLC

Surveillance is not as easy as TV police and private investigators make it look; it has many nuances and the entire outlook has changed in recent years. During this session, we’ll explore the value of surveillance to the claim defense, examine a variety of surveillance situations, and discuss the perception of recordings. Plan to dig into changes to how surveillance is conducted post-COVID and get a better handle on social media surveillance. 

Session 6 - The First 48 Hours: Post-Accident Investigation Strategies and Tactics

• Speakers:

• Allyson Byrd, Jones Walker, LLP

• Jade Letlow, Berkley Environmental

• Stephanie Neuenfeldt, Employers Mutual Casualty Company

• Robin Roeder, Sedgwick

The first 48 hours after an incident are the most crucial hours in preparing a defense of a claim. Through real-world examples, this presentation will outline best practices for handling catastrophic, workplace, and third-party accidents and how to investigate an incident to mitigate your company’s risk of liability and damages. Finally, the presentation will finish with suggestions for training your employees to effectively respond to accidents. 

Session 6 - Time’s Up! Time Limit Demands and the Art of Proactive Claims Handling

• Speakers:

• Christina Culver, Thompson, Coe, Cousins & Irons LLP

• Sheri-Ann Marcinkiewicz, Markel Service, Incorporated

• Stephen Melendi, Tollefson Bradley Mitchell & Melendi, LLP

• Becky Vogel, Argo Group US

Claim professionals receive multiple time limit demands, whether at the initial stages of a claim or while a case is proceeding through the trial or appellate process. The criteria of a time limit demand and an insurer's response are dictated by the specific jurisdiction's insurance code, statutes, or case law. Proactive claims handling by an insurer can avoid liability for a time limit demand and a potential bad faith lawsuit. This panel will discuss new developments impacting time limit demands and tips to successfully maneuver through the swamp of evolving case law and statutes.

Holiday Party at Bryant Park Grill