Schedule/Sessions

SESSION 1 - Presentation (A) Don't Let Them Bite! - Cutting Edge Risk Management and Litigation Strategies for Responding to Bed Bug Infestation Claims

• Speakers:

• Thomas Deardorff, Exponent

• Victoria Ersoff, Self Employed

• Gabriel Kotch, Orange Lake Resorts/Holiday Inn Club Vacations

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

The old bedtime adage "sleep tight, don't let the bed bugs bite," has grown to hold new meaning. Since the turn of the millennium, reports of bed bug infestations in hotels, resorts, cruise ships, apartments, homes, hospitals, retail establishments, and many other places that fall under the umbrella of the hospitality industry have skyrocketed at an alarming rate. For the past few decades, bed bugs were considered a pest of the past, but now, bed bugs have reappeared causing what many are concerned will be a global bed bug epidemic. This seminar provides background on what bed bugs actually are, why they have reappeared, and offers some surprising national statistics confirming the bed bug resurgence. It also provides an overview of effective methods to handle bed bug claims, the costs of treating and eradicating a bed bug infestation and risk management pointers to address issues associated with media and internet attention given to bed bugs, including, internet postings, online  blogs and "bed bug registries."  Finally, the seminar helps the hospitality industry develop, amend and/or refine their current protocol for dealing with this rising national concern.

SESSION 1 - Presentation (B) Legionellosis - The Evolving Expectations and How to Handle an Alleged Outbreak

• Speakers:

• James Eiler, Murchison & Cumming, LLP

• Vic Marmo, Suite 200 Solutions

• Jeffrey Peters, Rimkus

Legionellosis is a one-hour program designed to provide insurance adjusters with a working knowledge of the sources and causes of Legionnaires’ disease. We expect our water systems to be safe, but one organism occasionally evades our water treatment systems, the Legionella bacterium. Exposure to elevated amounts of Legionella in susceptible individuals can cause them to contract Legionnaires’ disease (LD). The bacterium is named after the 1976 outbreak, when many people who went to a Philadelphia convention of the American Legion suffered from this disease. This session defines the methods used to investigate and identify these organisms and a review of the latest regulations. We also explore effective ways to minimize the impact when an outbreak occurs. Where to start, how to deploy resources, and the roles of insured, insurer and defense counsel will be discussed.

Break

SESSION 2 - Presentation (A) What Security is Required? Defending Against Negligent Security Claims

• Speakers:

• Pam Colpoys, Ashford, Inc.

• Lance Ewing, Cotton Holdings, Inc.

• Cathleen Rebar, Rebar Kelly

• Jessica Smythe, ISO Claims Partners

Risk Managers, Claims Professionals and Attorneys handling litigation arising in the Retail, Restaurant and Hospitality Industries are all too familiar with claims involving injuries stemming from alleged negligent security claims. This presentation will provide a road map to avoiding litigation arising from security based claims as well as coverage issues associated with those claims. We will explore the importance of performing a security assessment, providing training and education to staff, having processes and procedures for reporting and documenting incidents, and in understanding the application of the legal duty to the alleged facts and the corresponding coverage implications. The program will also focus on establishing a particularized defense for claims in litigation. Participants will walk away from the presentation with a firm understanding of the legal obligations owed by the Retail, Restaurant and Hospitality Industry, as well as the complicated duties owed by defense counsel in defending those claims given the coverage landscape.

SESSION 2 - Presentation (B) Emerging Issues in the Litigation and Coverage of Liquor Liability Cases

• Speakers:

• LaBella Alvis, Christian & Small LLP

• Tamara Glaser, Self Employed

• Cheryl Soares, Fortegra

When it comes to liquor liability litigation, the threshold for many states is whether there is evidence that an individual was served alcohol while showing signs of visible intoxication. In the absence of eye-witness testimony, an emerging trend among Plaintiffs is to try to establish visible intoxication through a toxicologist who extrapolates or “back-tracks” what an intoxicated individual’s blood alcohol content was at the time of the accident to what it would have likely been while at a defendant’s establishment. This discussion addresses the emergence of backtracking, its affect on liquor liability litigation, and policies and procedures establishments can utilize to limit its application as it relates to various State and Federal Courts nationwide.

Break

SESSION 3 - Presentation (A) Recognizing, Insuring, Preventing and Mitigating Against Losses at Major Entertainment and Marketing Events

• Speakers:

• Michael Montgomery, Butler Weihmuller Katz Craig LLP

• Charlie Shah, Event Operations Group

• J. Britton Stutts, Harmon Dennis Bradshaw, Inc

As marketing and business merge more and more, hospitality, retail and restaurant sectors are all now hosting a wide array of entertainment events. These events range from small to extremely large. Moreover, mega-resort hotels and casinos all over the country routinely host high-profile concerts and major sporting events.  In each instance, the business owners face major potential risks. A security plan is not enough! This session will address the risks involved and provide tips on how to prevent them, as well as how best to acquire specific and adequate insurance to cover the events. Also, the presentation will provide real world examples of what to do (and what not to do) that will both entertain and inform the participants. Finally, the panel will give insight on how best to address issues that can occur even with best practices and planning.

SESSION 3 - Presentation (B) Video Surveillance: Treasure or Trap?

• Speakers:

• Rick D. Norris, Christian & Small LLP

• Ellen Osborn, Office Depot, Inc.

• Stephen Truono, NFI Industries

In this day and age where people can snap photographs and videos on their phones, the use of photographs and surveillance footage in litigation is becoming more prevalent and powerful. This presentation will explore different types of surveillance, whether fixed premises surveillance or investigation footage obtained for hire, and the best practices for the retention and storage of each. We will also discuss strategies for when and how to use footage during the investigation and litigation, and explore spoliation and privacy issues. The presentation will include clips from sample surveillance videos to demonstrate the topics covered.

Cocktail Networking

Central Florida Chapter Meeting