Schedule/Sessions

Session 1 - Cargo Liability and the Impact of the Food Safety Modernization Act

• Speakers:

• Alan Clark, Engle Martin

• Shawn Crawley, Sompo International Insurance

• Jean Gardner, Self Employed

The food industry has seen an increase in governmental oversight of the manufacturing, handling and storage of food product.  These regulations have been enacted to prevent practices that create food safety risks.  More recently the Food and Drug Administration, in accordance with the mandate set out in the Food Safety Modernization Act (FSMA), has turned its attention to the safe transport of food and has released proposed rules, titled the “Sanitary Transportation of Human and Animal Food” which, when enacted, will increase the obligations on motor carriers to secure the integrity of the food chain. 
This session will focus on defining “what is an actual loss” as referenced by the Carmack Amendment, what it means to say a Cargo is “adulterated” and how the new regulations redefine liability of a carrier and what the potential impacts to coverage under a Motor Truck Cargo Legal Liability policy may be as a result of the regulations.  
 

Session 1 - Understanding Uber - Transportation Network Companies

• Speakers:

• Paul Graf, Roanoke Valley Claims Service

• James Howard, Howard and Howard, P.C.

• Kenton Kaplan, Claim Professionals Liability Insurance Company

Uber and other transportation network companies (“TNCs”) have raised numerous legal issues from their participation in the marketplace.  Transportation network companies are becoming ubiquitous, and claims personnel and attorneys are most likely to be confronted with issues surrounding their existence and operation. 
Legislatures have sought to deal with the TNCs and to respond to the issues raised by their operation.  An important theme within the legislative framework has been the establishment of mandatory insurance requirements to protect all parties involved, including the TNC driver and passenger.
     Endemic in the analysis of the TNCs are issues generated by their marketing and contract materials, which raise issues as to choice of law, subsidiary corporation liability, duties as common carrier, validity of the contract, liabilities posed by the actions of drivers, the status of the driver, liability of TNCs resulting from hiring of drivers, and insurance issues. 
     Litigation which has been spawned in the wake of the emergence of the TNCs has included that brought by taxi companies in attempts to fight back against what they regard as an unfair business model, drivers asserting rights as purported employees of the TNCs, and consumers.    
 

Break

Session 2 - Drones - Not Just a Toy

• Speakers:

• Kevin Hromas, US Insurance Information, LLC

• Mark Pollack, CPCU, AIC, RPA, Affirmative Risk Management

• Michael Schneiderman, Wellington Claims Service

This presentation will cover a general overview of drones, including the growing liability, risks, and benefits surrounding commercial and recreational use of drones, and how insurance companies may use drones in the adjustment of claims. We will discuss how insurance companies are having to write new policies to insure potential liability for drones and will discuss a sample policy and its exclusions. We will also discuss the affect drones will have on homeowner’s policies. Another part of the discussion, will be how drones can be used to adjust insurance property damage claims. We will also discuss the legal issues surrounding drones and discuss new laws and regulations being considered or implemented by the federal government and states.

Session 2 - Preservation Letters Gone Wild! Handling Ridiculous Pre-Suit Preservation Requests

• Speakers:

• Andrew Isakoff, Marshall Dennehey

• Michael Lowry, Wilson Elser

• Robert McDonald, McGriff, Seibels & Williams

• Belky Velez, Claims Questions, LLC

How do you respond to a letter of representation the day after an event demanding that all “evidence” in your possession be preserved? What is “evidence?” What is in your “possession?”  How long must it be preserved? Can we fight back? This session will address these topics and more by providing potential strategies risk managers and insurance partners may utilize to meet their preservation obligations.
 

Break

Session 3 - Intermodal Transport Shipments - Who is Liable for the Cargo Losses?

• Speakers:

• Selena Ho, Markel Service, Incorporated

• Mark Newcomb, ZIM American Integrated Shipping Services Co. LLC

• Lori Quinn, Marshall Dennehey

This panel will provide an overview of what Intermodal Transportation is, the parties involved, and the potential litigation issues surrounding an intermodal cargo loss.
 

Session 3 - Weight Watchers for Containers? What Shippers, Intermediaries, Motor Carriers, Vessel Operators, and Terminal Operators Need to Know about the New SOLAS Weight Requirements

• Speakers:

• Richard Bridges, Roanoke Insurance Group Inc.

• Jacob Fisher, Scopelitis, Garvin, Light, Hanson & Feary P.C.

• Dennis Minichello, Marwedel, Minichello & Reeb, P.C.

The International Maritime Organization (IMO), a United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships, has promulgated new requirements for container weight verification procedures for the shipment of ocean containers as part of the Safety of Life at Sea Convention (SOLAS) which will go into effect beginning July 1, 2016. This presentation will address those requirements and how they will affect shippers, intermediaries, motor carriers, vessel operators, and terminal oper­ators.

Cocktail Networking