2019 Annual Conference
Golf Breakfast 6:00 AM -7:00 AM
5K Run 6:45 AM -8:30 AM
Start your morning off right with a 5K run!
Hawk's Landing offers a scenic Fun Run that is set up on the Orlando World Center Marriott's beautiful Hawk's Landing Golf Course.
Community Service Breakfast 7:00 AM -8:30 AM
Tennis Breakfast 7:30 AM -8:00 AM
Second Harvest Food Bank 7:45 AM -11:30 AM
Bus departs Convention Entrance.
Second Harvest Food Bank is driven to close the gap of unmet needs in Central Florida in a variety of effective ways. Mission: to create hope and nourish lives through a powerful hunger relief network, while multiplying the generosity of a caring community.
Volunteers will assist in sorting food donations, restock shelves and help keep the market clean for shoppers.
Tennis Event 8:00 AM -12:00 PM
Grand Slam Round Robin Tennis Event. Here's a GREAT opportunity to play some fun doubles with other CLM attendees. Each round you will be paired with and against different players, so it's a great social mixer as well. This is one really fun and rare experience that you won't want to miss.
Racquets available for use.
Golf - Shotgun Scramble 8:00 AM -12:00 PM
Hawks Landing Golf Club.
Hawk’s Landing Golf Club spans over 220 acres of lush grounds at Orlando, Florida’s premier Resort, Orlando World Center Marriott Resort.
The 18-Hole Championship Golf Course was designed by noted golf architect Robert Cupp Jr., to create the perfect setting for challenging golf and a scenic blend of native Florida wildlife and tropical vegetation.
Community Service 8:00 AM -12:00 PM
Bus departs Convention Entrance.
5K Breakfast 8:30 AM -9:00 AM
Clean the World 8:30 AM -12:00 PM
Bus departs Convention Entrance.
Volunteers will sort and pack soap and hygiene products for donation to developing countries where clean hands save lives.
UCP (United Cerebral Palsy) Schools 8:30 AM -12:00 PM
Bus departs Convention Entrance.
UCP (United Cerebral Palsy) Schools “and its 65 affiliates have a mission to advance the independence, productivity and full citizenship of people with a broad range of disabilities by providing services and support to more than 176,000 children and adults every day—one person at a time, one family at a time”.
Volunteers will assist with the following projects:
Classroom Support (working directly in the classrooms w/ teachers & students), Book Sorting (we receive sorted & labeled before going into the library/classrooms), Spring Cleaning (go through therapy clinics/sensory rooms & throwing away broken toys, things with missing pieces, sanitizing all areas)
Spa Day (Guest Option Also Available) 9:00 AM -7:00 PM
Start the Annual Conference off right with a pre-Conference spa treatment. Specific spa services and times will be arranged later and paid directly to the Spa after treatment.
Guest option for Spa Day is also available from the Guest Only Event options towards the end of the registration process.
Guest Spa Day 9:00 AM -7:00 PM
Start the Annual Conference off right with a pre-Conference spa treatment. Specific spa services and times will be arranged later and paid directly to the Spa after treatment.
LMI Reunion 1:00 PM -2:00 PM
This event is open to all Litigation Management Institute graduates!
Local Chapter Meet & Greet 3:45 PM -4:45 PM
Various Breakout Rooms.
CLM AL-Alabama Chapter 3:45 PM -4:45 PM
CLM AZ-Arizona Chapter 3:45 PM -4:45 PM
CLM Bermuda Chapter 3:45 PM -4:45 PM
CLM CA-Ventura Chapter 3:45 PM -4:45 PM
CLM CA-Los Angeles Chapter 3:45 PM -4:45 PM
CLM CA-Orange County Chapter 3:45 PM -4:45 PM
CLM CA-Sacramento Chapter 3:45 PM -4:45 PM
CLM CA-San Diego Chapter 3:45 PM -4:45 PM
CLM CA-San Francisco Bay Chapter 3:45 PM -4:45 PM
CLM CO-Greater Denver Chapter 3:45 PM -4:45 PM
CLM CT-Connecticut Chapter 3:45 PM -4:45 PM
CLM FL-Central Florida Chapter 3:45 PM -4:45 PM
CLM FL-Northern Florida Chapter 3:45 PM -4:45 PM
CLM FL-Southern Florida Chapter 3:45 PM -4:45 PM
CLM FL-Western Florida Chapter 3:45 PM -4:45 PM
CLM GA-Greater Atlanta Chapter 3:45 PM -4:45 PM
CLM IL-Greater Chicago Chapter 3:45 PM -4:45 PM
CLM IN-Indiana Chapter 3:45 PM -4:45 PM
CLM KS-Greater Kansas City Chapter 3:45 PM -4:45 PM
CLM KY-Kentucky Chapter 3:45 PM -4:45 PM
CLM LA-Southeast Louisiana Chapter 3:45 PM -4:45 PM
CLM MA-Massachusetts Chapter 3:45 PM -4:45 PM
CLM MD-Maryland Chapter 3:45 PM -4:45 PM
CLM MI-Michigan Chapter 3:45 PM -4:45 PM
CLM MN-Twin Cities Chapter 3:45 PM -4:45 PM
CLM MO-Greater St. Louis Chapter 3:45 PM -4:45 PM
CLM NC-Eastern North Carolina Chapter 3:45 PM -4:45 PM
CLM NC-Western North Carolina Chapter 3:45 PM -4:45 PM
CLM NE-Omaha Chapter 3:45 PM -4:45 PM
CLM NJ-Northern New Jersey Chapter 3:45 PM -4:45 PM
CLM NJ-Southern New Jersey Chapter 3:45 PM -4:45 PM
CLM NV-Nevada Chapter 3:45 PM -4:45 PM
CLM NY-Long Island Chapter 3:45 PM -4:45 PM
CLM NY-New York City Chapter 3:45 PM -4:45 PM
CLM NY-Upstate New York Chapter 3:45 PM -4:45 PM
CLM OH-Central Ohio Chapter 3:45 PM -4:45 PM
CLM OH-Northeast Ohio Chapter 3:45 PM -4:45 PM
CLM OH-Southwest Ohio Chapter 3:45 PM -4:45 PM
CLM OK-Oklahoma Chapter 3:45 PM -4:45 PM
CLM OR-Portland Oregon Chapter 3:45 PM -4:45 PM
CLM PA-Eastern Pennsylvania Chapter 3:45 PM -4:45 PM
CLM PA-Western Pennsylvania Chapter 3:45 PM -4:45 PM
CLM SC-South Carolina Chapter 3:45 PM -4:45 PM
CLM TN-Middle Tennessee Chapter 3:45 PM -4:45 PM
CLM TN-Western Tennessee Chapter 3:45 PM -4:45 PM
CLM TX-Austin / San Antonio Chapter 3:45 PM -4:45 PM
CLM TX-Greater Dallas Chapter 3:45 PM -4:45 PM
CLM TX-Greater Houston Chapter 3:45 PM -4:45 PM
CLM VA-Virginia - D.C. Chapter 3:45 PM -4:45 PM
CLM WA-Seattle Chapter 3:45 PM -4:45 PM
CLM WA-Spokane Chapter 3:45 PM -4:45 PM
CLM WI-Southeast Wisconsin Chapter 3:45 PM -4:45 PM
CLM WV-West Virginia Chapter 3:45 PM -4:45 PM
CLM MS-Mississippi Chapter 3:45 PM -4:45 PM
Opening Session & Keynote 5:00 PM -6:00 PM
Greenberg Traurig Ballroom (Cypress).
Don't miss out on the spectacular Opening Session featuring the announcement of the CLM Professionals of the Year and recognition of the CLM Lifetime Achievement Award honoree. Professionals who have recently earned their CLMP (Certified Litigation Management Professional) or CCP (Certified Claims Professional) will be recognized. Keynote speaker, Dan Cockerell, former Vice President of Disney's Magic Kingdom Park, will inspire attendees to bring some of the Disney magic to their own career and workplace.
CLM Havana Nights Dinner 6:00 PM -10:00 PM
Falls Pool Deck.
Join us poolside as we bring some Cuban flare to Orlando. Live music, entertainment, interactive games, and fantastic food will make this a night to remember.
Breakfast 7:30 AM -8:30 AM
Greenberg Traurig Ballroom (Cypress).
Premier Panel — A Look into the Future 8:30 AM -9:45 AM
Greenberg Traurig Ballroom (Cypress).
Join this panel of industry leaders as they explore industry trends and how those will affect our industry and your career. The panel will also look into the future to discuss what's on the horizon. Will computers, AI, and robots be taking over? What are the core skills professionals will need in the future? Don't miss this engaging discussion.
Break 9:45 AM -10:10 AM
Exhibit Hall (Palms Ballroom).
SESSION 1 10:10 AM -11:10 AM
Various Breakout Rooms.
Lifting the Veil – The Future of Confidentiality in Mediation and Settlement 10:10 AM -11:10 AM
Transparency. Accountability. Credibility. Words that now echo loud and clear in a new, dynamic environment. Society no longer accepts secrecy, even when it is bought and paid for, as sacrosanct. We hold each other accountable in our words and deeds in more decisive and powerful ways. Credibility in leadership of both public and private concerns adds value and its loss can be immeasurable. In this context, a seasoned panel leads a discusson on confidentiality in the light of a new era. How and why will mediation change? What is the impact of new laws creating taxation of confidential settlements? Will the states seize the initiative to make transparency the rule rather than the exception? What impact will this have on litigation and the resolution of claims? In the context of professional duties of all stakeholders, will a new code of ethical conduct require greater reckoning with the past to ensure a more stable and reliable future?
Additional Insureds, The Role of Assigned Defense Counsel 10:10 AM -11:10 AM
This session will discuss and address the role and various legal and ethical considerations of defense counsel and insurance professionals in securing additional insured coverage. The panel will highlight emerging trends in the industry, as well as, jurisdiction-specific considerations and recent legal developments on the issue. This includes discussion of the potential varying interests of the client/insured and insurer, the potential to invoke coverage considerations by defense counsel as well as the ethical considerations associated with the same. What can defense counsel do? Tender to the other Party or its carrier directly? When should that action occur? What are the considerations when the carrier that retained the defense counsel wants to tender but the client does not want to? If the tender is made and subsequently denied, then what is the follow up role of defense counsel? These are relevant issues in current construction defect litigation, especially when defending a general contractor or developer.
- First and foremost, whether a defense attorney is initially selected by the client/insured and approved by the insurer or appointed by the insurer straight away, defense counsel’s motivation and legal/ethical duty is to the client/insured first.
- While the initial decision to tender will typically be reserved to the insured, the terms and conditions in insurance agreements may allow an insured to demand that an insured tender to additional carriers. Open communication between the insurer, insured, and appointed counsel throughout this process is crucial, but appointed counsel cannot take actions which are against the wishes of the insured/client.
- The determination as to whether the insurer and/or insured has the right to select counsel is a fact determinative investigation based upon the jurisdiction, the policy language, and details of each claim.
Are We Summoning the Devil – Is Artificial Intelligence Killing Off Claims Professionals? 10:10 AM -11:10 AM
Insurance artificial intelligence enthusiasts are touting the cost-saving benefits of artificial intelligence. Touchless claims are here. One can now use an app to report an accident and process a property damage claim. A Japanese insurance firm has replaced 34 claims adjusters with artificial intelligence. This begs the question is artificial intelligence killing off the need for claims professionals? While artificial intelligence is far superior than a human at efficiently analyzing and quantifying massive amounts of data, artificial intelligence lacks the emotional intelligence to navigate the complex human emotions associated with claims handling. AI has not yet evolved to the point where expectations, motivations, conscious and unconscious bias, and strategies can be analyzed and put into a simple decision matrix to kick out claims decisions. This panel will discuss the psychology of everyday claims handling and the emotional intelligence required to analyze and manage the interrelationships of claimants, insureds, brokers, and defense counsel and how AI might affect the future of claims handling.
My Money, Your Exposure. My Protocols, Your Service Delivery 10:10 AM -11:10 AM
This session brings together top Claims Executives to discuss how to manage expectations while staying in your lane and coordinating communications. We will focus on the expanding challenges for professional adjusters with evolving technology.
Actual Cash Value – The Trojan Horse of Inflated Claims 10:10 AM -11:10 AM
Insureds often present very large ACV claims for very minor damage, (e.g., water loss claims). These ACV claims are based on fundamentally flawed ACV estimates that include much more than depreciated values of damaged property. These ACV calculations improperly include depreciated amounts for matching, tear out, future damage, collateral damage, etc. These items may be payable as incurred repair costs, but not as part of an ACV calculation, which should be based on the value of the loss or damage, not a scope of repair that goes far beyond the actual damage. The session will touch on basic principles of indemnity, actual examples of how ACV is inflated, and how that inflation can be deflated to an more honest estimate of ACV. The panel will also present a state court order obtained that confirmed this approach, resulting in the dismissal of the case given the true ACV figure was less than the insurer paid before the lawsuit. The session also will include a discussion about how proper ACV calculation can be used in appraisals. The successful application and litigation of principles discussed in this session is, potentially a game changer.
Escalating Complexities of Losses Arising From Wildfires and Debris Flows 10:10 AM -11:10 AM
On January 9, 2018, a brief rainstorm struck watersheds burned by the Thomas Fire above Montecito and Santa Barbara, California. The rainstorm triggered a historic sequence of devastating debris flows that entered the community, resulting in 23 fatalities, damage or destruction of hundreds of homes and businesses, and hundreds of millions dollars in damage. Attendees will learn the geologic and hydrologic causes of the debris flows, insurance claims handling background, and the new and ongoing legal issues surrounding the adjustment of those and future claims.
Tear it Up and Start Over – The New Generation of AFAs 10:10 AM -11:10 AM
This panel will review a new generation of AFAs. Once novel terms such as flat fee, tiers, and hybrids are being replaced with risk collars, success fees, and cost-up pricing. This discussion will specifically examine AFAs that assign a value to legal services that is developed without reliance on traditional elements of time and expense pricing. In an interactive session, we will explore some of the more exotic arrangements that are emerging in the marketplace and how both risk managers and litigation management officers are affecting change through pricing innovation. We will find out who is using them, what is working and what are the next great ideas. Participants will not only learn the mechanics of these innovative AFAs, but will also actively participate in the development of the next great AFA idea.
Pandora's Box Got Opened – Catch and Kill Agreements Gone Awry 10:10 AM -11:10 AM
Inspired by media coverage of the Stormy Daniels and Karen McDougal catch and kill and non-disclosure agreements, this session covers a range of topics arising out of these agreements, including attorney professional liability for inadequately drafted agreements, directors' and officers' liability arising out of the actions giving rise to the agreements, and various types of insurance coverage for liability related to sexual harassment claims and sexual and physical abuse claims that can result in the need for NDA and related agreements. The session also covers the impact of breach of NDA agreements on the parties involved and the legal and coverage ramifications resulting from breach, and recent developments in state and federal law related to combating workplace harassment. The panel will also discuss the enforceability of the agreements, consequences of breach and an analysis of key cases across the country, and engage the participants in discussion on various types of NDA and other types of agreements and how to avoid them in the first place, and/or how to make sure the information remains confidential.
Artificial Intelligence - Real Risks and Coverage Implications of Things Previously Reserved for Sci Fi Movies 10:10 AM -11:10 AM
This forward-looking discussion addresses potential risks and kinds of coverage that may be implicated from an insurance industry perspective related to the use of artificial intelligence. These can include general/product liability caused by faulty systems (bad design, programming/algorithms, training and management). Medical malpractive may also be in play if the artificial intelligence is used by medical professionals/facilities in diagnosing/treating patient. Privacy risk may also be involved in situations where digital assistants like Alexa remember what is said in the household even if not instructed to send the info to third parties. The panel will also discuss extended cyber threat/cyber liability, economic disruption from system failure/outage, media risks, and municipal liability.
Implicit Bias – Solutions Not Guilt 10:10 AM -11:10 AM
We want to see ourselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us are free from bias. Implicit bias refers to unconsciously held bias that does not necessarily reflect our conscious beliefs. This interactive panel will discuss how implicit bias is measured, how it affects our decision making, and more importantly what we can do about it.
Innovative Law Firm Relationship 3.0 – Using Dynamic Methods to Drive Quality Performance 10:10 AM -11:10 AM
While success of the relationship among claims, customer, and firm is rooted in the big three – effective and efficient case handling and communication, cost control management, and optimal outcomes — management of that relationship must keep evolving in order to advance those results. But how? Join this session to learn the many ways you can strengthen and rejuvenate the relationship by harnessing the right tools, including information-capture/sharing platforms; metrics dashboards and performance measures; enhanced audit approaches; integrated advanced analytics to drive claims management; and unique alternative legal service providers and alternative fee retentions. Even if you think you’re already getting as much as you possibly can from your law firm management, we’ll open your eyes to strategies you can use to take your results to even higher levels.
#MeToo and the Emerging D&O Risks 10:10 AM -11:10 AM
The #MeToo movement has performed a remarkable service in opening the eyes of corporate America to how systematic patterns of offensive and illegal employee behavior have been both concealed and enabled by corporate decision-making. Aside from amplifying the risks presented to corporate employers from allegations of sexual harassment, discrimination and retaliation, this new focus on corporate efforts to quickly resolve claims, sweep them under the rug, and place a cone of silence over the alleged victims is giving rise to a new class of emerging D&O litigation and shareholder derivative suits. In these actions, shareholders are alleging that companies and their officers and directors have committed securities fraud by failing to disclose allegations of misconduct by senior officers and/or toxic cultures, or bringing shareholder derivative suits claiming that the Boards of Directors of companies involved in efforts to quietly resolve these claims have breached fiduciary duties to their shareholders. A number of such suits have recently been commenced, including claims against Fox, Wynn Resorts, Signet, and Papa John's. In this presentation we will explore this new type of D&O/EPL risk, and talk about some of the insurance coverage issues that may arise.
Metrics, Analytics and AI, Oh My! 10:10 AM -11:10 AM
Join us for a lively presentation discussing metrics, data analytics, and predictive analytics. The panel will include the perspective from several different carriers and law firms. The discussion will cover closely watched data from both the carrier and firm perspective, why the data is tracked and how the analysis of the data influences future decisions and behavior. Additionally, the panel will discuss the current and future impact that artificial intelligence will have in shaping predictive analytics and will discuss how AI will influence the practice of law.
A Rabbi, Priest, and Iman Walk into a Bar – Alternative Judicial Forums for Resolution 10:10 AM -11:10 AM
The rise of religious arbitration and dispute resolution is changing aspects of American society. There is a growing trend to avoid traditional court system in favor of pursuing dispute resolution through alternative forums. Religious communities are now forming judicial tribunals to resolve disputes within their own community. This panel will explore these alternative forums and discuss the implications of utilizing these dispute resolution alternative in connection with its impact on the traditional court system.
Managing Claims with Practically Perfectly Aligned Stakeholders 10:10 AM -11:10 AM
We all manage claims that have stakeholders with similar, but not identical, interests. The most obvious and common example for us is the tri-partite relationship. But the more complex the claim, the more likely it is that you will have multiple practically perfectly aligned stakeholders. Some examples are cases where personal counsel is involved, or where a lawyer/insurance agent/real estate agent has left the firm and both he and the firm are defendants, or where there is an indemnity claim. Given, among other things, increasing employee mobility, and the rise in the size of verdicts and settlements (which encourages cross claims and third party claims), it is expected that claims with these sorts of issues will increase. This panel presentation will highlight some of the applicable rules and also include an interactive discussion of practical problems and solutions drawn from real-world experience.
Why Transportation Brokers Can No Longer Hide Behind Motor Carriers 10:10 AM -11:10 AM
In the past, when a transportation broker engaged a motor carrier to transport a shipment, the motor carrier was responsible for any loss arising from the transport of the shipment. However, plaintiffs are now asserting claims against the broker, alleging, inter alia, that the broker was in fact a motor carrier (not a broker), and/or that the broker negligently hired the motor carrier. This panel will address the types of claims being asserted against brokers; what courts consider when determining whether a party is a broker or a carrier; why it matters whether a party is characterized as a broker or a carrier; possible preemption of certain claims against brokers; and types of insurance coverages that protect brokers.
Top 10 Tips for Defending Workers Compensation Claims 10:10 AM -11:10 AM
Professionals managing workers compensation claims face similar obstacles, regardless of jurisdiction. This panel will discuss their top 10 tips for defending these claims:
1) Multi-jurisdictional claims, natural selection, and safe releases.
2) Claimant lawyer tricks, mill law firms, and the wolf in sheep's clothing.
3) Doc – The art of selecting the right medical providers.
4) DOCKS – Don't forget about the Longshore Act!
5) Drugs – Opiates, Xanax, Weed - oh my!
6) Subrogation – show me the money!
7) Continuity of adjuster and the impact on claim exposures.
8) MSAs – to submit or not submit, that is the question!
9) Defense fees – Why are we picking on our own lawyers?
10) Adjuster Ethics – Be alert, be smart, and have a loving heart.
Cannabis – From Seed to Sale to Suit 10:10 AM -11:10 AM
Cannabis is a hot topic and so is this session. The discussion will focuse on potential liabilities facing the cannabis industry and the ability to get those liabilities covered by insurance. The production and distribution of cannabis products is a sophisticated chain of science, biology, horticulture, engineering, laboratory testing, regulations, and transportation. This creates great first party as well as third party risk. This panel will bring unique perspectives of what could go wrong, the availability of insurance coverage, underwriting, claims management, and the coordination of risk avoidance. Cannabis is still a Schedule 1 illegal substance and creative approaches are being developed to address insurance needs. Also, as a cash-rich industry, the potential for imaginative products liability suits, failure to warn claims, consumer fraud allegations and employment claims grow. It is time to think about the future and what the litigation horizon holds for this growing and prosperous industry.
Shifting the Risk – How to Properly Draft Enforceable Indemnification and Limitations of Liability Clauses 10:10 AM -11:10 AM
Indemnification and Limitation of Liability (LOL) contract clauses allow one party to shift risk to another party, but the patchwork of state laws and various exclusions can make enforcement of these clauses tricky. This presentation will identify the different types of anti-indemnity laws that exist and how indemnification claims fare under each one, as well as the ‘Additional Insured’ loophole sometimes found in commercial contracts. It will also cover in detail the anti-indemnification statues of New York and Connecticut. The discussion of LOL language in a contract will cover examples that courts have found enforceable, certain exclusions, and tips on drafting LOL clauses for commercial contracts.
When the Tail Wags the Dog – Why Coverage and Risk Transfer Must be Resolved Before the Underlying Claim Can Settle 10:10 AM -11:10 AM
Everyone agrees that exchanging information early before a mediation is important. However, that focus is on liability and experts. Less frequent is the discussion between subsequent or previous carriers for named insureds. Cases rarely settle at the first, second, or third mediation if the subsequent or previous carrier for hasn’t been placed on notice or even if no one knows their coverage position. Similarly often parties agree on a settlement amount, only to discovery that doesn’t include contractual indemnity, and is only for liability, so the settlement is not complete.
This session will discuss the benefits to ensuring these matters are discussed early, and why no settlement will ever be achieved if you don’t. The panelists will also discuss why early liability analysis is crucially important (as a counterpoint) to allow all of the coverage positions to be fully developed.
Preparing for the Unspeakable – Threat of an Active Shooter 10:10 AM -11:10 AM
The FBI reported more active shooter incidents in 2017 than in any other year in U.S history. While on these incidents are on the rise, this issue of an active shooter is not a new one. However, recognizing the impact these events will have on the insurance industry is a recent phenomenon. While no measures can entirely prevent an active shooter incident, there are risk management techniques that should be considered to prepare. This panel will discuss the liability that business owners can face for the criminal acts of third parties. They will also address ways to finance this threat through the ability to transfer the risk, including contracts with third parties and procurement of insurance. The panelists will also discuss risk management practices to mitigate the risk.
Technology Showcase 10:10 AM -11:10 AM
Palms Ballroom - Exhibit Hall.
10:15 AM - 10:30 AM: Quadient
10:35 AM - 10:50 AM: GotoVerdict
Guest Event- Shopping at Kendra Scott and Lunch 10:30 AM -3:30 PM
Bus departs Convention Entrance.
Kendra Scott is a leading fashion accessories brand, know for it's kaleidoscope of beautiful accessories as well as the innovative and customizable Color Bar experience. Cost includes: 1 piece of jewelry (necklace, earrings, bracelet or ring) to customize, lunch and leisure time to shop at Mall of Millenia.
Break 11:10 AM -11:30 AM
Exhibit Hall (Palms Ballroom).
SESSION 2 11:30 AM -12:30 PM
Various Breakout Rooms.
Advanced Mediation Advocacy 11:30 AM -12:30 PM
As mediation becomes more popular, it's important for each participant to know their role in the mediation and what they can do to achieve the best results. This program will have a roundtable discussion with a prominent mediator, defense counsel, and claims executive. Together they will discuss each of their roles in an effective mediation, and how to prepare and present cases at mediation to get the best results. This includes pre-mediation preparation, mediation conduct, and post-mediation issues.
To SIR with Love or Maybe Not So Much – The SIR and Its Impact on Claims 11:30 AM -12:30 PM
This panel will discuss Self Insured Retentions (SIRs) and their impact on the traditional roles of the carrier, the client and counsel. How do SIRs affect these relationships and what is the impact on claims handling, How has the tripartite relationship between counsel, carrier, and client evolved to work in a new environment, especially as SIRs get larger and larger? What is the brokers role? How does it affect the brokers relationship with his/her client and the carrier?
Cyber Liability and Data Privacy – A Public Entity Perspective 11:30 AM -12:30 PM
A data breach of a federally funded active shooter training center exposed personal data of thousands of state and federal law enforcement officials was disclosed on July 3, 2018. On May 23, 2018, the California Department of Public Health announced that a stolen laptop carried personal and medical information of 500 patients, somehow just under the number mandating notification of the California Attorney General.
State laws regulate the protection of personally identifiable information, and are often triggered by an incident that affects the records of more than 500 persons, but laws regulating public entities may be triggered by the exposure of a single record.
How are municipalities assessing and addressing their vulnerability to phishing attacks, and what are the most common forms of cyber incidents involving Public Entities? We will review lessons from case studies of actual public entity data incidents.
Mixing and Mingling – Risky or Reasonable for Claims and Coverage Communications to Reside in One File? 11:30 AM -12:30 PM
Policyholders are constantly pressing to see the insurer’s privileged coverage analysis. This session will address recent threats and developments, including a case in which the appellate court had to reject repeated trial court rulings that allowed a policyholder to control disclosure of coverage-related legal advice after it had been commingled in a single file with claims materials. Is this threat present in other jurisdictions? How best to address it?
After presenting recent developments, the panel will present case studies and hypotheticals for an engaging discussion with attendees. The goal is to alert attendees to emerging threats to attorney-client privilege in disputed coverage matters and to present best practices for averting problems.
Has the Playing Field Expanded? – Bad Faith Claims against Claims Professionals and Defense Counsel 11:30 AM -12:30 PM
This panel will explore the ever-changing and expansive nature of bad faith and cxtra-contractual claims, including the liability of entities other than insurance companies (i.e., claims professionals, independent adjusters and defense counsel). The panel will also guide a conversation on what various courts are doing with these expanding claims from jurisdictional and liability perspectives.
Insurers Heal Thyself – Proactive, Innovative and Creative Solutions For Construction Claims 11:30 AM -12:30 PM
Construction cases are often handled in the same old ways, using methods that are inefficient and often ineffective, forcing cases to multiple mediations and even trial before there is an opportunity for resolution. Are there new and innovative ways to more efficiently/cost-effectively resolve liability, damages and insurance coverage issues between the parties? There are. This panel will provide real life examples, ideas, and concepts and engage in an interactive discussion regarding these methods. The panel will address pre-litigation, coverage issues, and post-litigation. They will discuss the value of early meetings between the adjuster, defense counsel, coverage counsel and insured to discuss case progression, coverage limitations, and to help the insured understand coverage limitations. They will also discuss early interaction with plaintiffs and their counsel to determine the biggest issues and attempt to resolve those issues.
Cleaning Up the Construction Site – The #MeToo Movement 11:30 AM -12:30 PM
The presentation will focus on real-life scenarios of potential #MeToo incidents in the construction industry with practical risk management tips to control liability exposure on the job. What types of comments and behaviors on a construction site are harmless and what triggers a potentially unlawful hostile work environment? Is there a different standard to measure inappropriate conduct in the field versus in an office? Responding to and investigating job site conduct proactively is key in today’s construction industry in light of #MeToo. The panel will discuss the evolution of women’s roles in construction and whether there has actual been significant change in a male-dominated industry. Have companies implemented the right employee policies and provided adequate training to field supervisors? What can be done to avoid potential claims? The speakers will engage with the attendees regarding the traditional perspective of “acceptable” conduct on a construction site and the need to evolve. This topic is trending in all industries and addressing the issue in the construction industry is unique based on the historical acceptance of questionable conduct on job sites and women in construction being one of the boys or risk not being accepted by their peers and field supervisors.
Going Hog Wild – Liability and Insurance Coverage Issues Surrounding Recent Farming Verdicts 11:30 AM -12:30 PM
In 2018, juries rendered multi-million dollar awards against hog producers in North Carolina in connection with dozens of lawsuits alleging nuisance as a result of foul odors, increased traffic, and pests resulting from nearby farming operations. This panel will discuss the impact of the recent verdicts and resulting legislation in North Carolina and other states, along with factors influencing the potential for similar large verdicts in other states. We will also explore coverage issues under various types of policies that may result from these claims.
Taking Charge and Making Changes – How Women in Law are Remolding the Legal Landscape 11:30 AM -12:30 PM
Gone are the days where women could practice law only in their wildest dreams. Trailblazers, such as RGB, clawed their way into the legal world, secured positions of great esteem, and positively influenced both the law and the perception of female lawyers. Women have studied tirelessly, overcome seemingly insurmountable barriers, unapologetically executed strategy, and recruited both male and female allies in ensuring that door remained open. Now we are struck with the question, what next? The work is certainly not done and this panel is designed as a critical discussion of the next steps we all must take to foster further growth in the legal field to open the metaphorical door wider.
Proper Use of Inference, Extrapolation, and Allocation in Property Claims 11:30 AM -12:30 PM
Claims professionals, attorneys, and experts use inference, extrapolation, and allocation often without realizing the full potential implications or bases for these methodologies. But are these the best methods to bolster your case? Inference is a conclusion based on evidence and reasoning; extrapolation is estimating or concluding something by assuming that existing trends will continue; and allocation relates to assigning responsibility between different interested parties. How do we address a multi-phase development with cookie-cutter homes when there are multiple contractors involved, varying contractor crews within each, and other variables? Can we infer opinions from one home to another, extrapolate resultant damage, or even allocate damage when such variables exist? For claims professionals and counsel, what are the costs associated with these methods? When is a greater investment in initial intrusive testing necessary, and are there instances in which extrapolation or inference can be used to lower overall costs? When is there is a hidden back-end cost, related to motions to strike experts that may have improperly relied on extrapolation and inference, or whose allocation methodology is unclear or unfounded? Case studies are very useful in illustrating these issues and will be presented, along with methodology, research and case law.
Insurance Application Fraud and Misrepresentation – What Is It, How to Spot It and How to Handle the Claim 11:30 AM -12:30 PM
You receive a claim and as part of the investigation you have discovered that the insured has provided false or fraudulent information on the application. What do you do now? This panel will explore the options available to insurers to address this situation, including recent case law regarding insurer's obligations in how to respond to such claims, and explain the practical tips for handling such claims. The panel will also discuss possible litigation options including the information needed before filing litigation, and discovery and litigation strategies.
A Success Story – Driving a Litigation Risk Management Culture and Strategy 11:30 AM -12:30 PM
How’s your vision? Your litigation management vision, that is. Creating a solid, well-rounded vision for what you want your litigation risk management to achieve is the first step toward creating a culture and strategy that support your vision and produce the desired results. In this session, learn about a collaborative partnership that was able to secure better legal resources and drive improved cost management. Get a roadmap for creating and implementing your own litigation risk management strategy so your company can mitigate litigation costs, understand risks/potential outcomes and ultimately strengthen its bottom line. Find out how to use proven tools such as metric dashboards and performance measures to create data- and quality-driven action, and learn about unique alternative fee arrangements and litigation service providers. By the end of the session, you’ll be seeing litigation management with terrific vision.
Interlocutory Lockout – When the Court Prevents an Immediate Appeal of Qualified Immunity 11:30 AM -12:30 PM
The triangle of qualified immunity in 2019. In one corner there is a significant contingent who are critical of police officers in excessive force cases and do not believe qualified immunity should be an available defense. In the other corner, the U.S. Supreme Court and the U.S. Court of Appeals have gone a long way in strengthening the defense of qualified immunity. In the third corner are the district court judges – some of whom have been willing to apply the standards by the courts above in their case and grant the motion. Other judges deny the motion and those cases are appealed and some are reversed. But what if the judge finds there to be a factual issue? Such a finding takes away any immediate right of appeal until after trial. This panel will specifically focus on the identification of claims that may be subject to such a ruling, strategies to minimize these types of rulings, claims handling considerations and best practices for both defense counsel and claims professions.
Using Next Generation Technology to Improve Your Litigated Claims Management Program 11:30 AM -12:30 PM
Insurance carriers face constant pressures to improve their claims litigation management program to uphold their fiduciary responsibilities to their policyholders while providing great service. Choosing the right partner firms, improving outcomes, and controlling costs are all vital considerations for claims professionals. The right technology can greatly improve litigation management, affect daily activities, and deliver value to both the carrier and policyholders.
The panelists will guide a conversation about how next generation technology, including the use of artificial intelligence and machine learning, can bring new insights and successes to better manage claims defense. We will discuss technologies available now that are making real differences to insurance carriers as well as what the very near future will hold. The discussion will focus on the evolution of three existing disciplines and how new technologies are transforming how carriers approach claims litigation -- paper invoice processing, bill review, and predictive analytics centered around litigation budgets, time, and outcomes.
Call Me Caitlyn, Not Bruce – Navigating the New Transgender Landscape in Healthcare, Business, and Employment Claims 11:30 AM -12:30 PM
As public awareness surrounding transgender individuals has increased, so have transgender issues in the workplace. A study conducted by the U.S. Commission on Civil Rights revealed that virtually all transgender employees experience harassment or mistreatment on the job. The study also showed that many transgender employees were forced to use restrooms that did not match their gender identity, were told to dress and act like a different gender than their own or they would lose their job, or had their private information divulged without permission. This panel will provide an up-to-date and comprehensive overview of the legal protections afforded to transgender employees.
Opioid Lawsuits – Where are They Going in 2019? 11:30 AM -12:30 PM
With today's focus on the growing number of Americans addicted to opioids, there is significant risk of liability for overprescribing opioids that can lead to addiction, respiratory depression, overdose, or death. Juries have rendered multi-million dollar verdicts against medical providers for overprescribing opioids. Further, regulatory and licensure bodies are scrutinizing physicians who are outliers in opioid prescriptions.
This session will discuss the status of various lawsuits against pharmaceutical and pharmacy companies by cities, counties and states across the country and analyze if these suits will serve as the road map for subsequent cases against hospitals and medical practices in the future. Moderators will discuss the various standards of care and what health care providers can do to protect themselves from potential liability, both civil and criminal.
Next Generation Data Analytics and Strategies in Claims Litigation Management 11:30 AM -12:30 PM
Technology and the availability of data have reached new levels of sophistication, allowing the insurance and legal industries to apply the highest levels of automation to analyze complex claims records. Learn how your organization can leverage data analytics for more insightful discovery for decision making to occur faster than ever.
Lessons Learned from $100 Million Dollar Transportation Jury Verdicts 11:30 AM -12:30 PM
Jury verdicts are no longer in the $1 to $2 million dollar range. Recently, there have been significant adverse jury verdicts in trucking and transportation cases, including some at the $100 million dollar level. This session will analyze this trend and give concrete examples how trucking and transportation companies can first evaluate, and then limit their indemnity exposure and jury verdict potential. Tactics include proactively working with drivers, safety directors, and 30(b)(6) witnesses on impaired and distracted driving, compliance with hours of service and other Federal regulation provisions, drivers’ qualification and retention issues, as well as falsification, and proper retention, of documents. This session will analyze how an immediate response to a catastrophic transportation accident, as well as understanding aggravating factors, will significantly reduce the ability of a plaintiff’s attorney to prosecute a reptile theory and will also limit the defendants’ punitive damage exposure.
#MeToo – One Year in and the Continuing Impact on Corporations and Their Board Rooms 11:30 AM -12:30 PM
The impact of the numerous stories throughout the past year and ramifications of the #MeToo movement continue to surpass most commentators' early expectations. While it is difficult to assess a movement while it is happening, the revelations concerning high-level executives involved in harassment scandals for years has been the subject of media attention on a regular basis. This panel will review the #MeToo movement's top stories and focus on the impact of these revelations on our corporate world and culture. High profile cases have begun to affect most notably employment practice liability insurance, but have expanded deeply into other lines such as directors and officers and errors and omissions coverages.
How has this illegal conduct by powerful corporate leaders been perpetuated by the corporate protectors and how will it now affect corporate liabilities and clearly necessary corporate programs? What insurance products are responding and are they doing so adequately?
Mastering Claim Complexities – Providing Comprehensive Care for Injured Workers 11:30 AM -12:30 PM
What began as routine workers’ compensation claims can quickly morph into high dollar cases if not handled expertly at the onset. The medical care and recovery environment of an injured worker largely determine the outcome of the claim. Effectiveness is driven by how quickly care is administered and the appropriateness of the treatment that is provided. Recovery is also dependent upon claims philosophy, employee engagement, co-morbidities, psycho-social issues, and pain management. Employers are placing less emphasis on cost reduction and more emphasis on injured worker experience using empathy and advocacy techniques. Technology advancements and increasing communications about the potential impact of pre-existing conditions, current medications, and other factors that can impact recovery allow for a more holistic treatment of an injured worker. When quality medical care is rendered and negative external factors are minimized, an injured worker is better able to focus on healing, recovery, and returning to an active and productive lifestyle.
Technology Showcase 11:30 AM -12:30 PM
Palms Ballroom - Exhibit Hall.
11:35 AM - 11:50 AM: Carfax
11:55 AM - 12:10 PM: Authentic4D
12:15 PM - 12:40 PM: Hi Marley
Lunch 12:30 PM -2:00 PM
SESSION 3 2:00 PM -3:00 PM
Various Breakout Rooms.
Best Practices for Coordinating WC and GL Defense in Dual Jurisdiction Claims 2:00 PM -3:00 PM
A practical protocol for coordinating workers' compensation and general liability defense counsel in catastrophic construction losses. Discussion of best practices and ethical boundaries for stakeholders charged with selecting counsel, coordinating investigation and discovery, and considering overall exposure in catastrophic accidents involving construction. The panel will guide discussion on practical examples from cases. Discussion topics will also include goals of multi-district coordination, assembling the catastrophic response team, privileges, disclosures, collateral estoppel, defense best practices, and global settlement strategies.
You Said What? How to Maintain a Claims File That Survives the Scrutiny of Extra-Contractual Litigation 2:00 PM -3:00 PM
Whether you specialize in construction, auto, property, first-party, third-party, or are a Jack-of-All-Trades, you almost certainly maintain a claims file on each claim. There comes a time in the life of many claims professionals when their claims file or that of the claims professional they manage becomes the subject of discovery in an extra-contractual claim. In this session we will discuss which protections and privileges are maintained before and during litigation. We will discuss work-product protections, attorney client privilege protections, and encourage the sharing of examples of good and "cringe-worthy" claims file entries. We will share ideas and suggestions on how to keep notes that are helpful, but also sound professional in the face of the scrutiny of litigation.
Effective Use of Mediation for Claims Resolution 2:00 PM -3:00 PM
Mediation is often considered a one-time event with a typical structure based primarily on private caucuses and shuttle diplomacy. However, mediation is a process consisting in distinct phases and characterized by a high level of flexibility. Effective use of mediation for claims resolution can be achieved by taking into consideration such characteristics and preparing accordingly.
Using mediation effectively requires a strategic approach that considers how to adapt the process to the specific needs of each case. This session will address key elements of mediation preparation, process design and implementation, including timing of the mediation, planning for the session(s), preparation steps, understanding leverage and develop process tools and techniques to overcome impasse.
The Great Divide – When Is There a Duty to Divide the File 2:00 PM -3:00 PM
The panel will be evaluating the latest court cases in various jurisdictions as to whether a claims adjuster has the duty to divide the claim file between coverage and defense when defending a third party claim due to a conflict of interest. The audience will be interactively engaged to answer questions considering actual versus potential conflicts of interests and ethical considerations of the insurer when reserving rights to assert coverage defenses while defending the insured. The panel and audience will also consider the required ethical communications of the claims professional, reinsurer. and panel counsel on a state-by-state basis. The panel will discuss when dividing the file is necessary and ramifications for communications to the reinsurer. The panel will also confirm what information must be disclosed to the reinsurer, ethical considerations and unethical conduct as well as the insurer bad faith implications that can result in positions taken by the insurer.
Creative Coverage Trends in Construction and Beyond 2:00 PM -3:00 PM
The sessions covers developing trends in construction defect coverage and those of general application. For example, policyholders are attempting to use concurrent causation to avoid policy exclusions; policyholders are attempting to use an insurer's violation of the strict statutory renewal requirements to invalidate policy terms in renewal policies; policyholders are attempting to gain "insured" status even though they do not qualify as a Named Insured or an Additional Insured. In the construction defect field, policyholders are further attempting to maximize coverage (where there otherwise is no coverage) by claiming "rip and tear" costs and costs to prevent ongoing damage. There are also competing claims by insurers based on excess and other insurance clauses. Proper claim handling practices will be addressed in terms of the duty to defend, reserving rights and the consequences of not properly doing so.
How to Handle Cyber – Best Practices for the Claim Professional 2:00 PM -3:00 PM
The cyber insurance business is no longer a small niche of insurance, but an essential aspect of nearly every insurer’s selection of product offering. What separates one cyber insurance policy from another is no longer just a matter of examining competing insuring agreements or definitions. More than ever, policyholders demand to know about the readiness, depth and sophistication of the people that will actually handle a cyber claim. An efficiently and appropriately handled cyber event reduces costs and mitigates future harm from regulatory investigations and third party liability.
This panel features professionals from four different insurers that will share their insider perspectives about the best claim handling practices, share real life anecdotes about their experience handling cyber claims, and teach lessons learned for the future.
Understanding Generational Differences 2:00 PM -3:00 PM
Among the most talked about issues facing our industry today, is the increasing age gap in the workforce. Claims Professionals are transitioning into retirement in record numbers. This gap presents the industry with a crucial need to attract and retain new talent and swiftly transfer knowledge to emerging generations of workers. As millennials continue to become a larger part of the industry, it is vital for companies to understand and appreciate this generation. There is a perceived bias among some senior Claims and Legal leaders surrounding millennials. Through an open discussion, we plan to address stereotypes by providing an in-depth look into the innate skills, talent, emotion, drive and culture of the industry’s future leaders. We will also discuss the role of emerging technology and how we can utilize it to not only train and enhance productivity, but to also market our industry to attract and retain young talent. With the increased concern over “Social Inflation,” we will explore how millennials may be affecting the value and disposition of claims. Finally, we will address how to sustain competitive advantage by creating a diverse and inclusive culture that includes millennials as employees and customers.
Just Getting Started – How Changing Social Norms and New Legislation in the #MeToo Era Will Affect Employment Liability Claims 2:00 PM -3:00 PM
This presentation will examine how changing norms and new legislation addressing the #MeToo movement have the potential to affect multiple lines of coverage, including EPL, D&O and General Liability policies).
Interview Techniques to Make Examinations Under Oath More Effective 2:00 PM -3:00 PM
An effective interview requires preparation and organization. This starts from the initial adjuster's telephone interview, continues to a more detailed face-to-face interview and certainly is true for the SIU investigator's interview. The more information obtained during this process, and in the most effective way, the more ammunition will be created for use in a productive Examination Under Oath so the insurer can make a correct decision on the veracity of a claim. This panel will discuss how to obtain the necessary foundational information in order to lock in the information provided, how to ask effective questions and tips about active listening. The panel also will discuss how to analyze the statements to see if there are any indicators of deception. This will include detecting admissions and deception in the language used, being aware of unique words or phrases used that show a hesitancy to commit to a statement and observing non-verbal behavior that may indicate untruthfulness. The panel also will discuss how information obtained in these interviews are used in Examinations Under Oath.
Dealing with Coverage Defenses in Large Property Loss Claims 2:00 PM -3:00 PM
This session will cover issues such as lack of cooperation, product liability "Your Work" exclusions, intentional acts, and policy limits with multiple claimants. The panel will examine how coverage issues can arise during discovery and strategies for both ferreting out coverage issues and avoiding them. Coverage issues that can arise at trial and how to avoid raising them will also be discussed.
Wrongful Conviction – Practical Defense Tips and Coverage Analysis 2:00 PM -3:00 PM
There has been an increasing number of cases involving persons convicted of criminal offenses and sent to prison who were subsequently exonerated after years in prison that have resulted in significant exposure to insurers from policies issued many years ago. The resulting civil rights litigation involves complex liability and coverage issues. This session will examine the legal elements of false arrest and malicious prosecution (and related Section 1983) claims, relevant coverage and liability issues, available defenses and developing litigation strategies for these high exposure, high defense cost claims. Specifically, we will address issues such as trigger of coverage, conflicts (both coverage and defense), Monell claims and qualified immunity.
Employers and Businesses Under Fire – Liability For Active Shooter Events 2:00 PM -3:00 PM
Active shooter incidents have sadly been on the rise. After these tragic events, employers often find themselves as defendants in litigation. Claims of negligent hiring, retention and hostile work environment are often raised. Business owners and employers also face claims for the manner in which they prepared for and responded to the shooting. There is also the negative publicity, business interruption and the tragic loss of life and injuries. The losses could be enormous. This panel will discuss the potential liability to business owners and employers after an active shooter incident; the trends in the courts and many claims and losses that may not necessarily be covered by a particular insurance policy.
Staying Ahead of the Class – Strategies for Defending Management and Professional Liability Class Actions 2:00 PM -3:00 PM
This session addresses emerging trends in class action litigation involving professionals and directors and officers. As plaintiffs continue to develop theories of liability against lawyers, accountants, architects and engineers, and other professionals, insurance representatives and defense lawyers find themselves frequently evaluating and defending class-based claims. The panel will lead a discussion on practical insight and tips for managing and resolving class actions from pre-suit through trial,. The discussion will include class action trends, defeating class certification, defending class action claims, coverage issues, resolution strategies, and non-party implications.
What's Trending in EPL? 2:00 PM -3:00 PM
This session features an overview of the impact of the legislative changes in 2018 and what to expect as we make our way through 2019. From joint employment issues to wage/hour to the impact of #MeToo on settlement value, this panel of industry leaders will provide attendees with a highlight reel of everything they've seen and heard in 2018 and offer practical tips for identifying and mitigating EPL risk in 2019.
Winning Strategies for Litigation Management 2:00 PM -3:00 PM
This session will focus on the definition of "litigation management." The answer depends on whether you are the insurance carrier, insured, in-house attorney, or outside counsel. To get it right, one must not consider it a general function of the underlying case. In whatever role you serve the case, effective litigation management is the ongoing process of achieving a cost-efficient and favorable outcome. While simple, success in litigation management is difficult to achieve since litigation involves numerous variables, including many which are beyond the control. This panel will discuss how litigation can and should be managed with the goal of achieving a positive result at a reasonable cost as well as outline some approaches to litigation management from the perspective of the insurance carrier and outside counsel.
Vehicle Technologies and Accident Investigation – From Airbag Control Modules to Automated Vehicles 2:00 PM -3:00 PM
Event data recorders are increasingly common on vehicles in the United States. Airbag control modules on automobiles, and engine control modules on heavy vehicles, can provide stakeholders with objective information about how a crash occurred. With the rapid advancement of technology, newer types of data have become available. Many automobiles have infotainment systems that can provide detailed information about the vehicle’s status. As vehicles gain automation features, such as hands-off/feet-off cruise control, additional sources of information are becoming available. Commercial vehicles are also providing new sources of information: collision mitigation and avoidance systems, telematics, and airbag control modules are providing additional information about heavy vehicles.
When a crash occurs, how the data are preserved, collected, and analyzed becomes critical. Understanding how we interpret and communicate findings from these data is equally critical and allows for stakeholders to make informed decisions during the claims-handling process. The latest and most sophisticated technology is required to capture this critical evidence. These tools must be utilized by highly qualified and experienced teams of engineers, accident reconstructionist, human factors experts, attorneys, and risk managers who can clearly communicate the findings and results to stakeholders.
Winning with Experts after the Storm – The Best Strategies for Use of Experts 2:00 PM -3:00 PM
Experts can make or break the successful claim adjustment or legal defense of a claim. Attendees to this session will interact with the panel to overcome challenges such as reports that confuse or muddle the issues, hyper-technical language, or experts who overlook key issues. An expert meteorologist and engineer will discuss challenges they face including unclear direction, aggressive cross examinations, and fear of telling it like it is. Together with the participants, this panel will identify key difficulties and solutions to help all parties achieve speedy, efficient, accurate, and successful outcomes.
Cannabis, CBD and Hemp Go Global – Opportunities for Insurance and Legal Professionals 2:00 PM -3:00 PM
The global cannabis and hemp tidal wave continues. This session goes beyond the legalities and risks of the state-regulated commercial cannabis markets, and digs into the fascinating world of the cross-border marijuana trade, creation of global cannabis and CBD brands, and the creation of new multinational opportunities for insurance and legal professionals. The past few months have seen major investments in the cannabis and CBD space by the soft drink, alcohol, pharmaceutical, and tobacco industries. Companies and brands are jockeying for position, and the question here is no longer whether cannabis will be federally legalized, or which states will legalize next, but where will the U.S. fit into the global marketplace? This session is designed to provide a global context for insurance and risk management professionals to discuss how cannabis, CBD, and hemp will assume a societal role in the United States, and to evaluate the associated risks and opportunities that are coming our way.
Medicare 360 – A Comprehensive and Multi-Faceted Approach to Medicare Compliance 2:00 PM -3:00 PM
This session examines best practices and a 360-degree approach to navigating Medicare Secondary Payer (MSP) compliance in 2019 from the perspective of a Risk Manager, Third Party Administrator, and MSP legal expert. The Centers for Medicare & Medicaid Services (CMS) continues to indicate that a review process for Liability Medicare Set-Asides (LMSAs) will be rolled out in 2019. What will this mean for your liability settlements with Medicare beneficiaries, and what can you do now to get in front of LMSAs becoming a de facto consideration in liability settlements in 2019?
Additionally, as ICD-10 codes are being reported by Responsible Reporting Entities to CMS on a quarterly basis, the panelists will explore what CMS is doing with this data to drive recovery of Medicare conditional payments. The panel of experts will explore Best Practices that claims professionals can institute now to get in front of being sued by a MAP for double damages.
Transportation, The Last Mile and The Fleets of the Future 2:00 PM -3:00 PM
At the intersection of logistics and technology is a freeway filled with transportation companies in the express lane to new technologies and strategic partnerships. Information systems have been disrupters for carrier operations and logistic companies and now, the partnership leads to more transparent and definitive delivery schedules. Traditionally, a single truck moved goods from a distribution center to a single retail location. Now, the transition is more complex with more players – those same goods travel the last mile on many trucks, some are less than full, with a route to homes, storage facilities or lockers. These issues are important to insurers and their clients to address unique and common risks facing various companies traveling in the express lane of commerce. This discussion will analyze the unintended consequences of these relationships and potential risks, how to identify and ultimately address the risks.
Technology Showcase 2:00 PM -3:00 PM
Palms Ballroom - Exhibit Hall.
2:05 PM - 2:20 PM: Compex Legal Services
2:25 PM - 2:40 PM: Acuity Management Solutions
2:45 PM - 3:00 PM: Livegenic
Break 3:00 PM -3:25 PM
Exhibit Hall (Palms Ballroom).
SESSION 4 3:25 PM -4:25 PM
Various Breakout Rooms.
Driven to Distraction – Mitigating Distracted Driving Claims 3:25 PM -4:25 PM
Eating, drinking, texting, emailing, talking, grooming, following directions, or just plain daydreaming – incidences of distracted driving are on the rise with staggering statistics to prove it. Your job is to limit exposures, reduce costs, and mitigate workers' compensation claims related to, among many other things, distracted driving claims. These claims often arrive in the form of third-party negligence claims. Learn what is driving them and how to develop company policies to minimize distracted driving. Consider the applicability of workers' compensation and liability exposures associated with these claims. Discuss how to assemble a team that will implement and communicate strategies for maintaining a safe work environment, mitigating liability and preventing distracted driver claims.
Changing Face of Construction Litigation – Emerging Trends That Are Disrupting the Industry 3:25 PM -4:25 PM
Construction claims are rapidly changing in all facets. This session will give the attendee necessary tools to prepare for the next generation of claims, including both how they are handling and resolved. This panel will focus on recent developments and emerging trends in construction litigation. Employment of new technologies, robotics, artificial intelligence and video from design to the claim creates new challenges for the paperless generation. This session dissects practice pointers for the claim professional, risk manager, general counsel, and lawyer. The panel dives deep into liability and coverage issues with a national overview of the hot venues.
Creating a Breach Response PLAN – Strategies for Prevention, Logistics, Action and Notification 3:25 PM -4:25 PM
When it comes to data breaches, the mentality shouldn’t be if a breach will occur, but when. As companies prepare for the inevitable by investing in cyber liability policies, it’s vital that insurance carriers, claims professionals, and panel counsel are aware of what’s involved in an effective response. This lively panel discussion will examine data breach response to help attendees understand the roadmap involved in a response to a data breach, the common potholes that can deflate the reserve and blow out the budget, and the best route to staying on course for an effective and efficient response to a data breach.
Claims Management of Emerging Environmental Issues 3:25 PM -4:25 PM
Over the past several years, many trends have emerged in the environmental liability industry including an increased awareness and focus on environmental regulations as well as the continued discovery of newly emerging contaminants. As a result, environmental insurance has become more prevalent for many insureds through transactions, development, and contracting, Site pollution exposures also include new challenges such as bacteria, silica, and new mold issues. As the market for environmental insurance increases, the book for environmental claims has evolved. Understanding and managing the risks and exposures of these environmental claims should remain a focus for any successful risk management strategy.
This session will discuss emerging contaminants, water-borne pathogens, mold, property redevelopment, PFOA, PFOS, dioxanes vapor intrusion, operational spills/leaks/upsets, EPA initiatives, changes under the most recent presidential administration and new state rules and requirements.
Medicare Secondary Payer Issues in Your Mediation – Don't Let MSP Issues Prevent You from Settling 3:25 PM -4:25 PM
The claimant is a current Medicare beneficiary. His liability/no-fault/work comp claim is set for mediation. As the mediator, do you know what Medicare Secondary Payer issues should be discussed at mediation? As either claimant or defense counsel, do you know what information you will need so that MSP issues do not prevent the parties from reaching a settlement? The panel will discuss real life examples of mediation situations involving Medicare compliance issues. They will provide a breakdown of the MSP components every mediator and counsel participating in such mediations must take into consideration as they walk into that mediation conference. From mandatory reporting, to reimbursement of conditional payments, to set aside allocations, the panel will present MSP points every mediator and advocate should be ready to discuss at their next liability/no-fault/work comp mediation conference.
Collaboration over Competition – An Old Idea for a New World 3:25 PM -4:25 PM
A best-selling book entitled "All I Really Needed to Know I Learned in Kindergarten," emphasized simple lessons for lifetime results. Much in the same way learning how to share, take turns, and listen make kindergarten work, this session focuses on how collaborative, alternative delivery methods for construction revolutionize the landscape for insurers, brokers, underwriters, claims professionals, and attorneys. While not all design build projects have sufficient value to warrant purchase of project specific policies, they all do present significant risk and claim paradigms that are far different in than the owner-bid-build model. More owners and contractors are turning to alternative delivery methods for both public and private projects every day. Given the focus on collaboration, owner buy in, phased design and construction, targeted financial incentives for scheduling deadlines and budgetary goals, the insurance, how it is written, by whom, in what areas of risk create new and exciting challenges for all stakeholders. As building codes and tax credit opportunities require greater energy efficiency, incentive for use of natural materials for LEED certification and sequenced building department review, don't miss tomorrow's key issues presented today in this interactive session.
How Transitioning from Traditional Firm Business Models to a Resolution-Oriented Model Promotes Diversity and Increases Law Firm Revenue 3:25 PM -4:25 PM
Understanding the interplay between law firm diversity and generating revenue requires a cultural shift in firm management. It necessitates actively setting forth various models of success as viable and financially rewarding for associates. Beginning this transition requires critical thought as to how the traditional law firm business model handicaps firm growth and health.
The panel will provide strategies for management to successfully embrace business models that:
· Promote resolution-oriented litigation models.
· Incentivize alternative work schedules and client development plans that capitalize on the strengths of diverse lawyers.
· Prioritize the use of legal metrics as an integral part of attorney success.
Less Talk, More Action: Why Your Diversity & Inclusion Program is Failing and Some Tips on How to Fix It 3:25 PM -4:25 PM
Diversity and inclusion initiatives have permeated the insurance industry. However, despite the uptick in initiatives and the irrefutable benefits of increasing diversity, the numbers of diverse employees have remained static, and the news is worse at management levels. Why aren't these programs working?
Programs are failing because the common corporate approach to D&I initiatives is surface level. Absent is the deep critical thought required to address inequitable legacy systems. Companies must have a real conversation about diversity throughout the organization, starting in the C-suite. Leadership must support diverse populations so that D&I becomes embedded in the organization’s cultural fabric.
Further, D&I must be about opportunity, not about checking a box or seeking assimilation. The goal should be to convert the melting pot of differences into a mosaic that fuels growth, innovation, and opportunity.
We Are Allowed to Defend, Aren't We – Defending a Claim with Exposure Beyond Policy Limits 3:25 PM -4:25 PM
This roundtable will attempt to provide solutions for carriers facing the numerous issues that arise when handling claims that have potentially high exposure to the insured, but strong liability defenses. In a legal world that seems focused on limiting a carriers’ options in these circumstances, it is imperative to devise options that allow a carrier to defend a claim while also being able to protect the insured.
Combatting Fraudulent Damages and Getting a Case Dismissed for Fraud on the Court 3:25 PM -4:25 PM
This session will provide an overview of ways to uncover and combat fraudulent and exaggerated claims through thorough investigation and pre-trial motions. We will discuss various tools to uncover fraud/excessive claims via social media, tax returns, etc. We will also discuss ways defense counsel can use discovery to set the case up for a Motions to dismiss for fraud on the Court.
Taking Back Control of Litigation 3:25 PM -4:25 PM
It is time for the defense to take the offensive on setting damages both in negotiation and trial. This session will review strategies and techniques to help the defense set the appropriate anchor value for settlement or trial. Issues to be discussed, include timing of offers, real value of medical damagaes (actual versus billed), understanding life care plans, understanding third party financing, use and understanding of collateral sources and special needs trusts, and other damage controlling strategies. This session will be a real life outline of how to fight back.
Let's Talk Talc 3:25 PM -4:25 PM
When a product as ubiquitous as Baby powder comes under attack, it is not surprising juries seek to punish the manufacturers for purportedly failing to disclose the risks. As verdicts escalate and awards for punitive damages rise, juries move beyond compensation for claimants and seek to hold manufacturers responsible for violating the public trust.
Plaintiffs allege a life time use of talcum powder caused them to develop ovarian cancer and in some cases, mesothelioma. As claims are litigated, significant questions persist ; does science supports the claims; can causation be definitively shown and how can the disparate judicial rulings be reconciled? These and other questions will be addressed by the panel as we dive into the intricacies of talc litigation
The Panel will review : various types of talc and the physiology and science behind the claims and whether there is scientific proof linking use of talcum powder and cancer. The nuts and bolts of ongoing litigation will be discussed including causation, venue and defense strategies. Recent decisions by State and Federal Courts will be reviewed including how they may affect future litigation. Finally insurance coverage issues including allocation and occurrence triggers issues will be discussed
The Impact of the Opioid Crisis on the Practicing Physician 3:25 PM -4:25 PM
This session addresses the opioid crisis and how it impacts the practicing physician. What can physicians do to protect their practice from the non-obvious drug seeking patient? We will explain how physicians deal with this issue on an ongoing basis. The panel will discuss how the physician has become the “bad guy” in prescribing pain relief. Once the physician has identified what they believe to be a drug-seeking patient, we will discuss how to deal with that issue and how to protect them from being sued. Panelists will also address how physicians can identify when a patient has become addicted to narcotics. The impact on the malpractice insurance industry will be addressed.
Malpractice Claims Against Defense Counsel – Preventing and Recognizing Potential Claims 3:25 PM -4:25 PM
Insurance defense firms face increasing exposure to legal malpractice claims from their clients, the insurance carriers that retain them, and even excess insurers. Defense firm liability can arise from any number of causes, including conflicts of interest in the tripartite relationship between carrier, client, and the law firm; discovery failures; strategic errors; and mistakes in the settlement process. This session will discuss errors that give rise to legal malpractice claims, how defense firms can prevent such errors, how defense firms should address such errors, and how claims representatives can recognize potential errors that might give rise to a claim against their assigned defense counsel.
The Blame Game – Calculating Employment Verdicts Against Religious and Non-Profit Organizations 3:25 PM -4:25 PM
This session will review multiple employment verdicts against religious and non-profit organizations from around the country. Using the "Blame Game" format, facts regarding liability and damages will be discussed and the participants will be invited to estimate the outcomes and test their verdict prediction skills.
Junking the Junk Science – Debunking the VEI Worklife Tables and Claims of Reduced Future Worklife 3:25 PM -4:25 PM
The VEI worklife tables are frequently relied upon by plaintiffs throughout the country to present significant claims of future economic loss, despite the fact that in many cases the plaintiff has returned to the same level of earnings. Economists relying on this data present economic losses based upon the claim that while a person who has suffered an injury but has returned to work at the same earnings will now work less years in the future. The underpinning of VEI worklife tables are predicated on the misapplication and over expansion of the American Community Survey. Recently, the creator of the VEI Worklife Tables was precluded in New Jersey Federal Court. This session gives the ammunition to get behind and to challenge plaintiffs' claims of economic loss when relying upon the VEI worklife tables.
How to Speak "Sound Bite" for the High-Profile Professional Liability cases 3:25 PM -4:25 PM
A high profile case has landed on your desk. Media is knocking at your door. Do you know to handle the situation? This panel will address how to best handle the press when managing a case that generates a lot of public/media interest. When is it best to call a press conference? When is it best to conduct individual interviews? When is it best to say nothing? Who should talk to the media? It's important to have a strategy and the resources in place early in the case. This panel of experts will address these challenging situations.
Weed at Work 3:25 PM -4:25 PM
In spite of federal laws to the contrary, all but five states have passed medical marijuana laws. The cases that have worked their way through the courts, to date, provide insights on what we can expect in scenarios from requesting medical marijuana for treatment of a work related injuries, to how to respond when an employee test positive for THC, particularly in a post- industrial accident settings. Through a series of hypothetical scenarios and audience participation, this panel will explore the claims management and legal considerations involved in reserving, negotiating and litigating of medical marijuana in the workplace claims.
2019 CLM National Litigation Management Study – Highlights and Observations 3:25 PM -4:25 PM
The 2019 CLM National Litigation Management Study will focus on key study observations and trends. Panelists will include members of the Study's Steering Committee. Audience members will gain a greater understanding for industry trends, learn what initiatives industry executives are focused on for the future, and be able to identify emerging areas of value and importance to their colleagues and customers.
What’s Love Got to Do with It…Everything! Corporate Social Responsibility in the Insurance Industry 3:25 PM -4:25 PM
It is becoming increasingly important for companies to be good corporate citizens. The insurance industry plays a vital role in protecting communities and those who live in them – whether it’s through helping individuals or companies to reduce risk or if it’s to protect against the unexpected. With the amount of risk the industry sees, it’s important to insurance companies and the professionals who work in them, that they’re doing their part to help others. Through corporate social responsibility, insurers can earn a superior reputation in the market. Corporate social responsibility can also increase long-term sustainability and profitability by shaping the market’s competitive environment and the community as a whole.
This session will explore the various ways in which corporate social responsibility is impacting the insurance and legal field. It will further explore the benefits of corporate social responsibility with respect to diversity and inclusion. Further, this session will focus on considerations of insurers, risk managers, and attorneys in handling social responsibility in the insurance and legal fields.
Technology Showcase 3:25 PM -4:25 PM
Palms Ballroom - Exhibit Hall.
3:30 PM - 3:45 PM: Filevine
3:50 PM - 4:05 PM: Wolters Kluwer
Committee Meetings 4:35 PM -5:30 PM
Various Breakout Rooms.
Everyone welcome – you do not need to be a current committee member to attend.
Alternative Dispute Resolution Committee 4:35 PM -5:30 PM
Construction Community 4:35 PM -5:30 PM
Diversity & Inclusion Committee 4:35 PM -5:30 PM
Environmental & Toxic Tort Committee 4:35 PM -5:30 PM
Extra-Contractual Committee 4:35 PM -5:30 PM
Insurance Coverage Committee 4:35 PM -5:30 PM
Insurance Fraud Committee 4:35 PM -5:30 PM
Municipal Law Committee 4:35 PM -5:30 PM
Product Liability Committee 4:35 PM -5:30 PM
Property Committee 4:35 PM -5:30 PM
Religious & Non-Profit Committee 4:35 PM -5:30 PM
Retail, Restaurant & Hospitality Community 4:35 PM -5:30 PM
Cyber, Management, & Professional Liability Community 4:35 PM -5:30 PM
Subrogation Committee 4:35 PM -5:30 PM
Transportation Committee 4:35 PM -5:30 PM
Workers Compensation Community 4:35 PM -5:30 PM
Cirque du CLM Dinner and Party 5:30 PM -9:30 PM
Greenberg Traurig Ballroom (Cypress).
Tonight's party takes on a circus theme with entertainers, games, fabulous food, and specialty cocktails. You won't want to miss one minute of this fun evening as there are exciting surprises planned throughout the evening.
Breakfast 8:00 AM -9:00 AM
Greenberg Traurig Ballroom (Cypress).
Premier Panel — Leading the Way by Building an Engaging Workplace Culture 9:00 AM -10:15 AM
Greenberg Traurig Ballroom (Cypress).
This premier panel will discuss strategies for accelerating your own career growth and how you can foster growth in your individual staff members to help them achieve their own goals. The panel will discuss how to foster inclusive workplaces that value the contributions of a diverse staff. They’ll share personal stories of their own challenges and successes. The engaging session will also discuss navigating workplace cultural changes.
Break 10:15 AM -10:40 AM
Exhibit Hall (Palms Ballroom).
SESSION 5 10:40 AM -11:40 AM
Various Breakout Rooms.
The Opioid Epidemic: Trending Insurance Coverage Issues 10:40 AM -11:40 AM
The “opioid epidemic” has impacted communities in all 50 states, without regard for age, race or economic status. To date, over 1,500 lawsuits have been filed nation-wide alleging damages incurred over a number of years. These lawsuits are seeking to recover for increased costs allegedly incurred by state, county and municipal governments, hospitals and health insurance benefit payors against every link in the opioid supply chain. Many of these cases have been consolidated in a federal multi-district litigation pending in the Northern District of Ohio. These lawsuits present complex insurance coverage issues, including whether increased costs constitute damages because of bodily injury and whether the alleged conduct constitutes an occurrence. This presentation will analyze the insurance coverage implications of the opioid litigation.
We will discuss the developing body of opioid litigation insurance coverage decisions. We will engage the audience by presenting for discussion the issues of (i) whether the lawsuits allege an occurrence, and if so, how many occurrences and (ii) whether the lawsuits implicate “bodily injury” coverage.
Smile You are on Candid Camera! Cellphones, Drones, and Granny Cams, a Tortfeasor's Worst Nightmare 10:40 AM -11:40 AM
Pictures are worth a thousand words and in the case of videographic evidence in litigation, they can be worth thousands, if not millions of dollars. With the widespread use of hidden cameras in homes, businesses, hospitals, and automobiles, as well as the obvious access and ease of instant video at our fingertips with use of cellphones, more and more we are faced with litigation in all aspects of claims that are now supported by videographic evidence. This session will address various examples of lawsuits where videotaped evidence played a crucial role in enhancing damages and creating a nearly impossible barrier to defending the action ranging from the well-publicized Uber assaults, to dash-cams catching mass collisions, to drones incidentally recording injury and assault incidents, to granny cams documenting physical abuse of elders in skilled nursing facilities. We will discuss what to do in the face of such damaging evidence, how to challenge the evidence, and ideas to minimize exposure.
TIMBER!! Wood-frame Construction Claims, and How They Come Crashing Down 10:40 AM -11:40 AM
Wood-frame construction is on the rise across the nation, and with this boom comes a variety of claims ranging from construction defect to workers’ compensation to subcontractor default. This session will explore the common elements that drive most wood-frame construction claims. We will explore trends around how and why these claims arise, how they are managed (and mismanaged), and what the outcomes of these legal disputes can mean for the industry.
The Insurer Process of Vetting Panel Counsel – The ABCs of Pitching for Legal Work 10:40 AM -11:40 AM
The best talent comes from a wide variety of sources. Unfortunately, most organizations unintentionally create barriers to diversity. In an attempt to “level the playing field,” companies are implementing specific measures to ensure the retention of diverse talent both internally and in external business partnerships. This proposed panel will discuss the dos and don’ts of obtaining legal work in the insurance industry. The roundtable will focus on how diverse lawyers navigate the industry to acquire business; what procedures companies have in place to retain diverse talent; and recommendations on creating more diverse partnerships in the industry.
Cyber Coverage on Non-Cyber Policies 10:40 AM -11:40 AM
Online technology and its applications are evolving swiftly. This rapid change sometimes outstrips the ability of underwriters to adjust policy wordings, as well as the courts' ability to provide helpful precedent. This presentation will review how the courts are accepting or rejecting cyber claims against non-cyber liability policies, such as general liability, employer's liability, and property policies . It will also discuss examples of policy wordings which tend to allow or restrict these claims, and identify coverage trends that might affect future underwriting.
Use of Experts in Claims Litigation 10:40 AM -11:40 AM
The topic will cover use of experts, their impacts, how to select and qualify experts and more.
Litigation in the Modern Age – Will Today’s Technology Be Tomorrow’s Claim Investigation? 10:40 AM -11:40 AM
Technological innovations seek to improve convenience, efficiency, and overall quality of life. The rate at which new products and systems enter the marketplace is so rapid today that, inevitably, many exciting technological innovations might be tomorrow’s claims and litigation. In this session, attendees will take a deep dive into emerging technologies, such as e-cigarettes, hover boards, wearable devices, drones and even autonomous vehicles, to learn about the many types of liability issues that can arise. The panel of seasoned experts will walk attendees through a discussion highlighting the various risks associated with "today's" technologies and how to best manage claims and litigation when they occur tomorrow.
Shots Fired? – Liability To Fleeing Guests 10:40 AM -11:40 AM
In an era of heightened awareness of terror attacks and mass shootings, just the report of it can trigger a response. Even if the report turns out to be false, you may not be out of the woods. Pandemonium can set in, giving rise to injury claims. Property owners, their managers, security contractors, and tenants can face claims of negligent supervision; excessive use of force; negligence in hiring, training and supervising of personnel; negligent security and negligence in controlling the pandemonium.
Join us as we discuss such a scenario and explore important, including have the proper parties been joined; what duties are owed; does some other party bear responsibility; do the facts give rise to a claim for negligent crowd control; should the situation have been expected; was there negligence involved; and more.
Ethical Conundrum: Can Artificial Intelligence Truly Make the “Critical Decision?” 10:40 AM -11:40 AM
This panel explores the issues surrounding the incorporation of Artificial Intelligence (AI) into our lives. Examples include predictive design in construction, robotic surgical equipment, self-driving cars, and legal software performing document review, research, and legal analysis. If errors or omissions, defects, and/or injuries result from decisions made by AI-driven programs, where does the potential chain of liability end? Further, with insurance professionals evaluating such responsibility and potentially relying upon AI to analyze valuation following accidents/claims, is the AI component a reliable defense if bad faith is alleged?
These scenarios raise the question of whether it was the AI or the humans behind the AI. Through all sectors, there is a human element involved – from program development, entering data, and managing the output. As it relates to claims handling and litigation, who makes the critical decision as to the outcome in a given situation? Who should be making the critical decision? Does AI account for subjective considerations or ethical concerns? Could it? Does potential bias of the AI developer factor in? Litigation challenges are arising in the industry while the law and regulations lag.
Overcoming Sticker Prices – The Emergence of the Reasonable Value Approach 10:40 AM -11:40 AM
Increasingly, legal practitioners and insurance industry professionals encounter exorbitant life care plans in claims that contain future estimated medical charges for an injured plaintiff’s needs during his/her life expectancy. In most states, practitioners attempting to rebut medical charges with negotiated amounts actually paid by third-party payers encounter collateral source rule objections. An emerging body of case law, however, has recognized a dynamic market rate rebuttal theory, the reasonable value approach, to significantly minimize exposure created by life care plans. The panelists have significant experience in the development and application of the reasonable value approach in a variety of professional liability claims. In detailing this approach, the presenters will explore the economic and healthcare policy underpinnings and identify practical tools necessary to develop a market rate estimate to rebut healthcare sticker prices that are totally unmoored from the reality of arm’s-length transactions actually taking place within the marketplace. This presentation will also include recent examples of the monetary impact the approach has had on life care plans and how this approach has altered the ultimate resolution of claims.
Ready or Not, Here it Comes – Hot Employment Issues to Watch in 2019 10:40 AM -11:40 AM
From paid leave, wage issues, sexual harassment to transgender protections in the workplace, compliance professionals will need to navigate a number of complex issues.
In all areas of compliance, it is important not only to watch and understand legislative updates and any prospective legislation, but also legal trends at each level of government: federal, state and local. If you thought 2018 was a year to watch, the employment trends in 2019 are even more exciting and are here to stay.
Attack and Defend – Responding to a Fraudulent or Hostile Claim Under a First Party Policy 10:40 AM -11:40 AM
The session develops strategies for responding to potentially fraudulent, hostile or misguided claims. Claims can be tactically challenging under the best circumstances, and nearly impossible without the proper tools.
Property insurance coverage has been finely tuned by well-established case law, evolutions in policy language, and more than a century of developed strategic handling protocols. Operating within the four corners of the property insurance policy conditions, warranties and requirements both constrains and empowers effective strategic decisions. Prevailing in a contested, hostile claim presentation requires a full understanding of the foundation, history, and legal requirements of perfecting a claim under the first-party policy. This session will leave participants with proven strategies, time-tested examples, and the skills to overcome the most challenging of claims.
Is There Jurisdiction? The Evolution of Personal Jurisdiction under Daimler and Its Progeny 10:40 AM -11:40 AM
Gone are the days of evaluating personal jurisdiction under International Shoe, “minimum contacts” and whether a defendant has systematic and continuous contact with a plaintiff’s chosen forum. This session will focus on the application of the recent Supreme Court cases of Daimler, BNSF Railway, and Bristol-Myers Squibb by appellate and trial courts. We will discuss the “new” factors to consider when a defendant is considering challenging jurisdiction. We will also talk about the current battleground litigation that includes consent jurisdiction and consent by waiver as well as due process considerations. The panel will also discuss the cases on the horizon and why these cases are important.
Social Events 12:15 PM -4:30 PM
Bus departs Convention Entrance.
Animal Kingdom's Backstage Tour 12:15 PM -3:30 PM
Bus departs Convention Entrance.
Take a journey to find out what happens behind-the-scenes at Walt Disney World's Animal Kingdom. Guests will get an insider's look at conservation, animal nutrition and medicine, animal care and behavioral studies.
Highlights include visits to a backstage animal housing area, the Animal Nutrition Center and Veterinary Hospital. The majority of this program takes place behind-the-scenes- there may be no opportunity to view animals. Please note: no photos will be allowed in behind-the-scenes area.
Keys to the Kingdom 12:15 PM -4:30 PM
Bus departs Convention Entrance.
Disney's Keys to the Kingdom Tour highlights the fascinating history of Walt Disney World Resort and provides backstage access to secret areas of Magic Kingdom Theme Park. This approximately 3-hour walking tour explores the stories behind the remarkable creation and growth of Magic Kingdom Theme Park. Hear the intriguing story of Walt Disney and learn how his innovative ideas, revolutionary visions, creative philosophies and amazing accomplishments brought the Theme Park to life. The journey includes stops at backstage facilities and a variety of favorite attractions. One unforgettable highlight is a trip below Magic Kingdom Theme Park into the service tunnels known as the Utilidors. This is one urban legend that is absolutely, and almost unbelievably, true—the Guest accessible areas of Magic Kingdom Theme Park are actually on the second floor of a massive structure. The first floor—called the Utilidors—allows Cast Members, deliveries and even trash to be unknowingly transported below Guests' feet as they wait in line for their favorite attraction.
Gatorland Ziplining 12:30 PM -4:00 PM
Bus departs Convention Entrance.
For over half a century, Gatorland has been creating fond vacation memories for millions of visitors who have entered through its gaping gator mouth entrance. Families, friends, and employees alike have ventured through the glass double doors on their way to a journey through this natural, low-tech adventure. Gatorland is one of Central Florida's oldest attractions, and provides a unique and natural alternative to the larger theme parks of today. Known internationally as the "Alligator Capital of the World," Gatorland today provides fun with thousands of alligators and crocodiles, a breeding marsh with boardwalk and observation tower, one-of-a-kind reptilian shows, aviary, petting zoo, swamp walk, educational programs and much, much more. Clip in and zip off on an exciting outdoor adventure with the all-new Screamin' Gator Zip Line at Gatorland. Your journey will take you along 1,200 feet of high flying, heart pounding adventure from some of the finest zip line towers in the world. Standing over seven stories tall, these amazing towers feature multilevel launch pads and breathtaking views from high above the treetops.
No Learning Objectives Available