Handouts

Description

 
Presentation I
 
INITIAL CLAIMS HANDLING
GETTING TO THE INITIAL CASE ANALYSIS
This is an introductory session for defense attorneys and claims handlers addressing the initial review and handling of a file assigned for defense.  This one hour session will discuss the sources of duty to defend obligations both under the common law and statutes, the initial steps of assignment such as issuing litigation holds and designing document collection, analyzing the Complaint and drafting an Answer for elements and how this reflects ion your Initial Case Analysis and litigation plan, and drafting an initial budget.  The session is intended to provide an entry into more intermediate sessions to follow. Attendees will understand the concrete strategic and analytical steps required in the initial assignment of a litigation file. Attendees will be able to analyze and apply the elements of negligence and relevant affirmative defenses in assessing a litigation plan. Attendees will understand the elements of drafting a budget based on the initial analysis.
 

Presentation II
 
IT’S HIPPA. IT’S HITECH. IS IT PROTECTED?
Discussion on gathering, sharing, working with and storing protected information. The panel discussion leads the attendee through all phases of acquiring and working with protected information from various stakeholder perspectives including the adjustor, the attorney office and vendor associates. This discussion introduces to those entering the world of litigation and claims the questions to ask before retrieving protected records while offering the experienced individual proven strategies to gather, store and investigate thousands of documents as efficiently as possible. The objective it to inform the audience how to meet the requirements of HiPAA and HiTech while being as efficient as possible.
 
 
Presentation III
 
Depositions 101
This is an introductory level presentation to introduce and educate claims, risk management, and legal professionals in the basics of noticing, preparing for and providing deposition testimony.  Participants will learn the attorney’s role along with the deponent’s role for pre-deposition preparation and deposition testimony.  The panel will consist of an in-house director of litigation and frequent deponent; as well as an insurance defense / coverage attorney with deposition preparation experience as well as deponent experience.
  
 
Presentation IV
 
­­­­­­­­­­­BAD FAITH ADDITIONAL INSURED CASE STUDY
Have you ever faced the challenge of enforcing your insured’s, member’s, or client’s claim to additional insured status?  Or, have you faced evaluating an additional insured claim from another party?  This presentation tracks a recent real-word additional insured dispute and provides practice pointers to fairly address claims for additional insured coverage, and avoiding pitfalls under Washington law.  This course will highlight the unique application of Washington insurance coverage law, and provides the tools and analyses to avoid extra-contractual damage awards for bad faith
 
 
Presentation V
 
CEDEL AND ITS EFFECT
Claims professionals, risk managers, third party administrators, and attorneys all communicate with each other on claims, but with concerns about the dilution of the attorney privilege under the Cedell decision, clarifying the nature counsel’s work and with whom counsel’s communications are shared is critical. We will examine how Cedell is being construed and applied by courts in Washington and elsewhere. This seminar will provide insight from and interaction with experienced litigation and claims professionals on these issues, and offer attendees practical advice about limiting the risk of losing the protections afforded by the attorney client privilege and winning in disclosure battle with policyholders.  
 
 
 Presentation VI
 
INSTITUTIONAL BAD FAITH: ARE YOU INSULATED
To share strategies aimed at the reduction of corporate exposure to bad faith litigation, including pre-litigation posturing, techniques to prevent litigation and minimize damages, procedural safeguards, and litigation strategies. This presentation is relevant to the prevention and mitigation of institutional bad faith damages. 

 

Reference