2020 Annual Conference
Golf Breakfast 6:30 AM -7:30 AM
Bus departs 6:00 AM.
Fun Run 6:45 AM -8:30 AM
Convention Center Circle Drive.
Start your morning off right with a 5K fun run!
Community Service Breakfast 7:00 AM -8:30 AM
Tennis Breakfast 7:00 AM -8:00 AM
Tennis Event 8:00 AM -1:00 PM
Bus departs Gaylord Tour Bus Lobby.
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
Cowboys Golf Club.
Etched into the rolling hills of Grapevine, Texas, Cowboys Golf Club is distinguished as the first and only NFL-themed golf club in the world, and one of the region's only all-inclusive world-class resort golf properties.
Community Service 8:00 AM -12:00 PM
Buses depart Tour Bus Lobby.
Humane Society of North Texas 8:00 AM -12:00 PM
Bus departs Tour Bus Lobby.
Operation Kindness is the oldest and largest no-kill shelter in North Texas, saving more than 55,000 animals since founded in 1976. More than 2,800 dogs and cats are adopted from Operation Kindness each year.
Hope Supply Company 8:00 AM -12:00 PM
Bus departs Tour Bus Lobby.
Hope Supply Company focuses resources toward helping homeless children in North Texas.
North Texas Food Bank 8:00 AM -12:00 PM
Bus departs Tour Bus Lobby.
The North Texas Food Bank is a top-ranked nonprofit relief organization, providing access to more than 190,000 meals each day for hungry children, seniors and families across a 13-county service area.
Guests will sort and pack food at the Plano facility.
Fun Run Breakfast 8:30 AM -9:00 AM
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.
Moving the Needle — An Interactive D&I Networking Workshop 2:30 PM -3:45 PM
Join us for a multi-dimensional workshop where attendees explore various diversity cohorts across various contemporaneous D&I challenges for a collaborative solution-oriented discussion. Workshop participants will engage in interactive exercises and share proposed solutions to common problems. Results will be aggregated in real-time then presented back to the audience to conclude the session with actionable take-aways that can be implemented to increase D&I implementation and effectiveness across our businesses.
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
Texas A - Selman Breitman Ballroom.
An opening session bigger than ever before — it's Texas, everything's bigger here. Be sure to be on time so you don't miss the welcome line and performance by the often imitated but never equalled Dallas Cowboys Cheerleaders. After the high kicks and jump splits end, the conference gets underway with a CLM welcome greeting followed by the big show — our keynote. This year, we'll be bringing to the stage a Dallas Cowboys legend. This is an opening session you do not want to miss.
CLM Welcome Dinner and Tailgate Party 6:00 PM -10:00 PM
Glass Cactus- Trolleys Available.
How do you follow up an opening session featuring some of the greatest the Dallas Cowboys have to offer? With a dinner and tailgate party of course. No matter what team you support (or if you support no teams at all), this will be an evening to remember. Grab a drink, eat some food, toss the ball around, kick up your heels on the dance floor, meet up with old friends and make new conenections. There's something for everyone at this evening's event.
Breakfast 7:30 AM -8:30 AM
Texas A - Selman Breitman Ballroom.
Game Changers — Shaking Up the Industry 8:30 AM -9:45 AM
Texas A - Selman Breitman Ballroom.
We kick off the first full day of the 2020 Annual Conference with a series of short “Ted-like” talks addressing some of the game-changing factors that will affect our industry for years to come. Then this high-energy panel will sit down for an interactive discussion and Q&A from the audience.
Young Professionals – Each generation has helped progress the insurance industry. Today almost 50 percent of our workforce is being driven by Young Professionals. The way we work and our expectations are evolving. Our future is dependent on fostering an environment open to change.
Litigation Management — Innovative change is rapidly impacting all areas of business including the delivery and deployment of legal services. Evolution in the litigation management ecosystem will provide opportunities for those who are ready to embrace the change.
Innovation in Insurance – AI, data analytics, and other technologies and their impact on our industry.
Runaway Verdicts – Multi-million-dollar verdicts are more frequently in the news. What’s an industry to do when faced with plaintiff-funded litigation, social inflation, and other factors?
Break 9:45 AM -10:10 AM
SESSION 1 10:10 AM -11:10 AM
Various Breakout Rooms.
Avoiding Ethical Pitfalls in the Digital Age - CE/CLE PROVIDED 10:10 AM -11:10 AM
This dynamic panel will provide an update on the overlay between traditional ethical perils and technology and provide an insightful exploration of both problems and solutions in this arena. The panel will address inadvertent disclosures during e-discovery; obtaining personal information from wearables and related personal devices; the propriety of recording conversations; hazards of utilizing cloud-based sites; dangers from metadata and other embedded phenomena; use of social media under false pretexts to gather information regarding parties, witnesses and jurors; and outright spying.
Considering Cultural Background In Conducting Fraud Investigation - CE/CLE PROVIDED 10:10 AM -11:10 AM
Conducting an SIU/potential fraud investigation of a company’s own insured is a sensitive task in light of the obligations an insurer owes to its policyholder while at the same time adequately investigating to determine whether there has been a misrepresentation or concealment of material facts. It is important to be aware of the effect that the insured’s cultural background has on his or her living situation and practices to avoid assuming conduct is suspicious when it is culturally normal. On the other hand, cultural practices may provide clues to improper conduct. Making missteps on this subject, whether in a recorded statement or an examination under oath, could lead to a wrong answer regarding whether fraud is being committed, and could expose the insurer to extra-contractual liability due to being perceived as treating their policyholder insensitively and improperly. This panel will discuss these topics and give pointers on how to obtain information effectively regarding a claim without being inadvertently offensive to an insured’s culture.
Pitfalls in Evolving Cyber Claims - CE/CLE PROVIDED 10:10 AM -11:10 AM
As cyber claims continue to evolve, malefactors are showing greater sophistication in how they penetrate security barriers, the depth of their invasion, and how they negotiate and resolve claims. The payments made to resolve an attack can expose an insured to liability for violating federal sanctions or statutes. State or federal legal issues can arise if the breach discloses confidential personal information, and an insured's data can be corrupted even after ransomware is paid. Finally, the documentation of damages, especially business interruption damages, is more problematic as cyber claims evolve. Join the conversation on strategies to manage cyber claims.
Sexual Abuse Litigation — Defending the Institution Not the Perpetrator - NO CE/CLE PROVIDED 10:10 AM -11:10 AM
Join the discussion on the changing landscape and effect of investigations into the secret files of religious orders, organized groups, schools and athletic organizations that identified sexual misconduct. How have legislative changes to the statute of limitations affected the number of claims being filed, the public perception and the potential for fraudulent claims? This session will also address claims of abuse by athletic trainers and medical professionals as a comparison to the onslaught of priest and Boy Scout claims as well as the trial risks for the cases being filed now. We will also address the ethical considerations of confidentiality agreements and protective orders on documents and reporting requirements for professional licensing boards.
How to Manage the Wealth in Pain Management - CE/CLE PROVIDED 10:10 AM -11:10 AM
Ft. Worth 3.
The session addresses the use of injections by pain management physicians and their teams, before surgical recommendations in soft tissue cases. The panelists also address payments available under PIP and LOP with the medical team that may provide the service.
Science or Fiction — The Art of Allocation in Claims - CE/CLE PROVIDED 10:10 AM -11:10 AM
Allocation methodologies used in claims are far too speculative, often absent of verifiable scientific approaches, and typically reliant on subjective and biased opinions. Allocating responsibility between interested parties often skews from reality and often include numerous interested parties with associated experts pointing fingers at everyone else. This has come to be expected in the litigious construction defect market. However, the question remains — is this method productive in resolving claims and lawsuits in a legitimate and equitable manner? Considering that expert opinions should be supported by evidence and sound scientific principles, similar approaches must be established to define appropriate and accurate allocations. No longer should allocation be a magic trick by which costs are allocated to the entity with the deepest pockets. This panel explores typical approaches currently used with a focus on lessons learned from actual cases. The roundtable is a perfect setting to explore ways through a diverse cross-section of the insurance market to eliminate the current subjective methods of allocation commonly used. The panel discussion benefits all attendees through identifying and developing reliable, supportable methods for allocation, while eliminating the unfounded and subjective approaches used haphazardly in today’s insurance market.
Social Accountability in the Boardroom — Good for Business or Just Creating New Headaches for Professional Lines Carriers? - CE/CLE PROVIDED 10:10 AM -11:10 AM
The panel will discuss how corporate social accountability can affect D&O, EPL, and Wage and Hour claim trends with respect to a variety of issues including climate change, event-driven litigation, social media/privacy concerns, sexual harassment, and wage and hours laws.
The Holy Grail of Data Analytics — The Quest to Drive Better Outcomes - CE/CLE PROVIDED 10:10 AM -11:10 AM
The saying goes, don’t lose sight of the forest for trees – this is especially meaningful when it comes to the big picture in workers compensation. The workers compensation industry largely focuses on reducing costs on a micro level. When in reality, looking at the macro level of a claim could result in better-managed care and reduce costs.
Utilizing an objective data-driven process to drive outcomes cannot only help to identify the root cause of an issue within a program and can help to improve the injured worker experience. For example, data can provide insight to whether an injured worker received the care they needed, if they returned to work in a timely manner and provide an overview on the appropriateness of care
Reinsurance 101 for Claims Handlers — What You Need to Know and Why - CE/CLE PROVIDED 10:10 AM -11:10 AM
Even though reinsurance is an integral part of the transfer of risk industry, it is often misunderstood by the claims professionals. This panel will address the significant role the claims professionals can play in facilitating reinsurance transactions. It will also examine reinsurance from the insured’s/reinsured’s perspective, the litigation attorney’s perspective (discoverable or not and why), and the reinsurer’s perspective, identifying the interrelatedness often ignored.
Has the Price of Poker Gone Up??? — Alarming Trends in Dispute Resolution - CE/CLE PROVIDED 10:10 AM -11:10 AM
This roundtable will discuss the current trends in dispute resolution and whether or not that price of poker is steadily rising. The panel will break down their impressions of what is causing plaintiffs and even mediators to believe that injuries and or damages once seen as nominal and/or routine have now become just the opposite due to factors such as lawyer advertising, medical treatment and/or potential fraud, and their potential resolutions to this alarming trend.
Caution! Ethical Complications with Pre-Litigation Investigation of Construction Claims - CE/CLE PROVIDED 10:10 AM -11:10 AM
Investigation of construction claims continues to evolve at a lightning fast pace. Ensuring all parties understand the process and recognize ethical rules during the investigation process is critical. Working towards a common goal between the client, insureds, claims professional, attorney, and experts is part of resolving claims at an early stage. What happens when the investigation reveals something that is unfavorable to another party? How do attorneys, clients and claims professionals draw the line on investigating the evidence while not overstepping boundaries of revealing potentially protected opinions or pieces of evidence?
For example, investigating construction defects for a general contractor requires discussions with the developer that may be unfavorable to the developer. What happens when the developer is not represented by counsel? What happens when coverage issues surface with a proposed resolution? Understanding what can and cannot be done versus what should and should not be done can help capture information in real time to better assist with the investigation of claims process as issues arise and reduce risk for everyone. What methods are claims professionals and counsel using in the ongoing effort to better investigate claims and reduce risk while not overstepping ethical boundaries? This session engages participants in an artful discussion about do’s and don’ts of investigation of claims during pre-litigation.
Contracting Methods and the Corresponding Risks and Rewards for the Owner, Contractor or Design Professional - CE/CLE PROVIDED 10:10 AM -11:10 AM
This roundtable discussion will provide an overview of available contracting methods and the shift in risk and roles, particularly that of the designer, contractor, and owner depending on whether the project is Design-Bid-Build, Design Build or Design Assist. The panel will address what key contractual provisions should be considered by each party depending on the project delivery method; what are the common professional liability exposures of the design team and exposures of the owner depending on project delivery method; and identifying whether there is shift or enlargement of the standard of care.
Available risk management tools will also be discussed along with how BIM (Building Information Management) has affected the owner, design professionals, contractor, and design builder.
Ethical Considerations Involving Investigation for Coverage and Liability Determination - CE/CLE PROVIDED 10:10 AM -11:10 AM
Invasion of a claimant or policyholder's privacy may expose insurers to civil penalties. Can insurers cross the line when using the Internet to find information critical to the coverage or liability determination? This session will address the ethics, rights, and duties related to insurer investigations, and address the use of social media, private, or proprietary electronic information.
Unveiling the Shadow of Unconscious Bias: The Courtroom, the Workplace and You - CE/CLE PROVIDED 10:10 AM -11:10 AM
What is it that we fail to see because of biases we do not believe we have? Implicit biases affects decision-making every day, and there are many open questions still to explore. This interactive session will address how we can become more aware of our own assumptions, behaviors, and impact, especially when we are interacting with people who we (consciously and unconsciously) see as different from us. What happens when implicit biases enter the legal system? How concerned should we be that judges, advocates, litigants, and jurors come to the table with unconscious biases that influence how they interpret evidence, understand facts, parse legal principles, and make judgment calls? We will address how implicit biases manifest at different stages of litigation and explore a framework for interrupting such biased behaviors.
3D-Printed Medical Devices and the Disruption of Product Liability Law and Regulation - CE/CLE PROVIDED 10:10 AM -11:10 AM
3D-printed medical devices is already a billion dollar industry and it is growing at a rate of 20 percent per year. 3D printing offers the promise of cheaper, more efficient, more customizable medical devices. It offers the opportunity for almost any to "print" and then use medical devices (point of service manufacturing). Yet, the FDA has offered no guidance for the point of service manufacturing and use of medical devices, and the entire legal structure for product liability claims is premised upon a traditional model of centralized design, manufacture and sale of products. This session will address this emerging technology and how it will change the medical device industry. We’ll also forecast how this will impact product liability law and FDA regulation of these products.
Playing the Game of Risk Shifting - CE/CLE PROVIDED 10:10 AM -11:10 AM
This panel will invite discussion on the issue of contractual and common law risk shifting and defending these claims in all types of litigation. While often encountered in construction litigation, contractual risk shifting can arise in many situations including products liability, environmental claims, premises liability, transportation, and others. Common law risk shifting can arise at almost any time including claims for contribution and indemnification. It serves as a method to control future liability, cost savings and predictability. There many types of coverage and agreements that potentially provide this protection. This panel will discuss the appropriate way to make claims as an additional named insured or under common law, or other types of available coverage or agreement.
Equally as important is defending against these claims. Not every tender is appropriate nor must be accepted and there are variety of defenses. These defenses may depend on the nature of the claim asserted or the timing of the tender. Knowing how to defend against a tender of a defense and indemnity obligation, is equally as important as knowing how and when to tender a claim. This group discussion will discuss these important strategies that may seem routine but should be one of the first considerations in any potential lawsuit.
Early Resolution and Creative Negotiation —A Disruptive Approach to Litigation Management - CE/CLE PROVIDED 10:10 AM -11:10 AM
While only 3 percent of cases go to trial, the trend of eye-popping jury verdicts continues — $40 million, $70 million, $280 million. With insurance companies and corporations getting harpooned, is it time for a different approach – a disruptive approach? Yes! We must change the paradigm and think disruptively, from working relentlessly for early resolution to reframing conventional trial evaluation to hiring lawyers who are creative dealmakers. This session brings together a variety of perspectives on litigation management, with the shared goal of saving legal fees and maintaining a consistent indemnity ratio.
THC, CBD and Me — The ABCs of Cannabis and Its Effect on Claims, Medicine, Legislation, and Litigation - CE/CLE PROVIDED 10:10 AM -11:10 AM
With the explosion of CBD and hemp products on the market as well as the tremendous growth of medical marijuana use amongst patients, cannabis is more popular than ever. While the grey area of the legality of marijuana and CBD still exists, more and more doctors, plaintiffs, carriers, and legal authorities are starting to embrace cannabis as a legitimate form of alternative medical treatment. This session will explore the most recent developments in medical marijuana, hemp, and CBD with a particular emphasis on the effect cannabis has on claims, litigation, and legislation. This session will provide the carrier’s perspective and real-world practical solutions to dealing with medical marijuana and CBD in claims.
The Price of Power — Understanding Lithium-Ion Batteries and Battery Fires - NO CE/CLE PROVIDED 10:10 AM -11:10 AM
San Antonio 1.
Lithium-ion batteries have gone from commercialization to market ubiquity in less than 30 years. They are integral not only to cell phones and laptops but also cars, drones, power tools, headphones, and solar energy storage devices. Paired with the rise of Internet commerce, lithium-ion batteries of various form factors, energy densities and manufacturing quality are being supplied directly to consumers. The failure of a lithium-ion battery can result in a thermal event, potentially causing personal injury, property damage, or both. With the uses and market share of batteries still growing, both investigators and litigators will be well served by understanding how lithium-ion batteries operate and, more importantly, how they may fail.
In this session, we will discuss the basics of lithium-ion batteries and battery failure investigations. We will also discuss the litigation and economic consequences of personal injury and property damage due to battery failure from either user abuse or manufacturing defects.
Catching the Buzz — How Drone Claims are Affecting the Insurance Industry - CE/CLE PROVIDED 10:10 AM -11:10 AM
Unmanned aerial vehicles, or drones, initially entered American ears and eyes on news reports from overseas, where our military was touting their capability to effectively achieve operational success without the loss of friendly lives. Since then, drone use has spread rapidly and strategically to a seemingly endless list of industries. Drones are being used to sell real estate, report the news, monitor crop growth, and deliver goods right to your doorstep. This is to say nothing of the staggering growth of hobbyists using drones for recreational purposes. But as new technology develops, new laws and new lawsuits are sure to follow. Those in the insurance and legal industries should be aware of both liability and coverage issues related to these coming claims. Our panel will also examine emerging approaches to insuring drone use, including issues involving the evaluation of claims and litigating cases. This includes not only the initial overview of the area and products at use during the incident, but also drones being used by experts during their respective analysis and investigative firms performing surveillance on plaintiffs.
Guest Event- Glassblowing and Lunch 10:30 AM -2:45 PM
Bus Departs Tour Bus Lobby.
No experience necessary. During this private glassblowing class, guests will work one-on-one with an artist, being introduced to new techniques including color selection and applying it to molten glass, choice of design, re-heating and centering the molten glass on the blow pipe.
Lunch at Farina's
Break 11:10 AM -11:30 AM
SESSION 2 11:30 AM -12:30 PM
Various Breakout Rooms.
But Enough About Me — What Do YOU Think of Me? - NO CE/CLE PROVIDED 11:30 AM -12:30 PM
This can’t-miss session unveils the results of the first-ever CLM-commissioned defense counsel survey and is important to defense attorneys and claims/litigation management professionals alike! Effective, efficient litigation management is of critical importance to most organizations. For many insurance companies, the cost of litigation exceeds the entire cost of maintaining a claims department. The CLM has previously commissioned three industry-leading Litigation Management Studies — each focused on the thoughts and observations of those who buy legal services. Now, in this new study, defense attorneys were asked to share their thoughts on such topics as:
• What defines value in today’s litigation management environment?
• What is their view of how performance is assessed and rewarded?
• How can firms and attorneys create and demonstrate competitive distinction?
• What is the state of attorneys’ relationships with litigation executives today?
• What do attorneys feel are their greatest challenges in the current environment?
• What can payers and clients do differently to improve overall litigation management?
What do these findings tell us? Do they differ from the thoughts and opinions of those who purchase legal services? What opportunities exist for counsel and those who hire them to work more effectively together?
How Technology is Redefining the Claims World - CE/CLE PROVIDED 11:30 AM -12:30 PM
Technology today empowers claims resolution professionals unlike ever before. The world of analytics is exploding and revealing where and when to direct resources to improve results. Injured workers can be notified on their smart phones of claim updates or access portals at any time. Mobile apps now deliver information directly to an injured worker simplifying appointment reminders for medication refills, physical therapy sessions or physician follow-up visits. Apps also make it easy to call for medical transportation or provide direct deposits of benefit payments.
Technology is also helping employers comply with increasing governmental regulations and compliance demands. This includes automating record keeping and reporting processes to ensure compliance with regulatory requirements. Medical technology is improving recovery outcomes. Wearables and sensors promote greater connectivity, monitoring and communication. Technology is redefining education and training activities. This session will show practical illustrations of how technology is redefining the claims world today as well as look to what the future has to offer.
Anchoring — When Holding Firm Sinks a Case - CE/CLE PROVIDED 11:30 AM -12:30 PM
The best case is a settled case. But to get there, you must first overcome many hurdles. One of the biggest stumbling blocks is caused by the "Anchoring Effect," which is the heavy reliance on one piece information when making decision. This anchoring effect prevents the rational thought process from occurring and stalls positive future subsequent judgement from being made, regardless if additional information is offered. This reliance can have a serious impact on the ultimate decision, and psychologists have determined that in many instances this cognitive bias not only leads to incorrect statements, but adversely affects the decision-making process and can influence how much one is willing to ultimately pay. In the end, anchoring can have an adverse effect on reaching a settlement. The interactive session will address how psychology affects decision making and discuss real life examples.
Risk Management of Emerging Technologies - CE/CLE PROVIDED 11:30 AM -12:30 PM
An Uber self-driving SUV fails to avoid a biker who stepped into a highway at 3 am, in a pouring rain with highly limited visibility. In this same situation, a human driver would be unlikely to stop in time as well, yet the headlines focus on protocol risk management. Tesla cars on “autopilot” have killed four drivers in vehicular collisions in clear weather using “driver-assist” technologies, yet the responsibility for those accidents seem to fall between technical failure and driver error. Elsewhere, self-driving trucks and buses are already being deployed in limited roles, and self-piloting watercraft and aerial drones are likewise being tested, particularly for delivery of products to consumers. Product liability, design defect, auto collision, and cyber risk — how can insurance cover this new technology? This session discusses the latest technology, vulnerabilities, and other risk management issues from multiple perspectives including how engineers are building ethical decision-making into a future of transportation.
The Impact of Social Inflation on Jury Verdicts and the Insurance Industry - CE/CLE PROVIDED 11:30 AM -12:30 PM
Social inflation can broadly be described as the increase in the number and severity of insurance losses due to social factors. The social factors include excessive jury awards and the desensitization of juries (and judges) because of social media and the unfiltered reporting of these cases. The increasing political rhetoric of socialistic philosophies and anti-capitalistic mindsets that further vilifies companies, the effect of third-party funding on juries, and the increases in health care spending and legal and regulatory changes all contribute to the plethora of excessive verdicts and significant market volatility.
This session will explore the concepts behind social inflation and the factors driving the cultural shift in society, and the various issues driving the current legal climate. Understanding these factors and their effects will allow attorneys and claim resolution professionals to better analyze claims, discover, defend, and more accurately assess insurer’s risk of loss.
Competing Factors in Claims Analysis and Damages Valuation - CE/CLE PROVIDED 11:30 AM -12:30 PM
Assessing a claim involves determining the likelihood that a jury will find your covered entity liable as well as determining potential monetary exposure. However, damages are driven by many different factors including liability arguments, calculation of economic losses, and projection of non-economic claims. Plaintiff’s attorneys, defense counsel, claims handlers, and jurors all have a different starting point when assessing damages. This session will discuss how potential damages are assessed by different parties, how future damages are computed, how jurors make decisions on damages, and how claims handlers and defense attorneys can work together to more accurately assess case values. The session will include discussion of how different reduction to present value methodologies, consideration of taxes, and the low interest rate environment can affect the calculation of future damages; how to present damages using low dollar anchors to drive down the damage award at trial; and how to use the gist theory for arriving at damages from a jury perspective.
Florida Joins the 20th Century, Insurers Grab Your Wallets! - CE/CLE PROVIDED 11:30 AM -12:30 PM
The session will address Florida House Bill 301, which creates a right of contribution among co-primary carriers for "claims, suits or other actions initiated on or after January 1, 2020." The panel will briefly address the history of and effects of the "no contribution" rule, address new Fla. Stat. 624.1055 and its provisions, address any recent challenges to and/or attempts to implement the statute, and will discuss how contribution will look going forward in Florida. The panel will also provide practice tips and suggestions for proceeding forward from the points of view of the policyholder, claims professional, and insurers.
Instagram THIS! How Social Media is Transforming Claims - CE/CLE PROVIDED 11:30 AM -12:30 PM
Ft. Worth 7.
What are the various roles of social media investigations in exposing fraudulent claims? This session addresses that and much more. The panelists will cover the instances when these searches may present evidence to validate a claim, thus allowing an opportunity to settle expeditiously and avoid costly legal fees. They will also cover when to initiate a social media search and conducting a preliminary search "in-house”, utilizing your internal SIU department. Participants will review the many applications of social media searches; the importance of validating information and preserving content; and when to engage a third-party professional. The ethical responsibilities when conducting a search; what is legally permitted and what is frowned upon; and what approaches are simply off-limits will also be covered How to legally and ethically gather information when a subject's social media is "private" and utilizing such information (when available) to make a viable request for a subpoena. Recent case law and privacy issues leading platforms are facing will also be discussed.
King of the Road — The Future of Claims Arising from Design and Construction of Roadways - CE/CLE PROVIDED 11:30 AM -12:30 PM
We rise. We drive. We take for granted the road below. Our rapidly aging interstate highway system of the 1950s and 60s is stretched beyond its original capacity demanding innovative restoration and new construction for the 21st century. Claims arising from the design, construction, and use will rise dramatically as highways are placed at greater structural loads, used as laboratories for autobahns and driver-less vehicles while connecting to older bridges, tunnels, and appurtenant improvements. The risk profile for underwriting and insuring designers, owners, general and subcontractors in this field must stay ahead of the curve. Join the discussion as we peer into the future, avoid the traffic and get you home in one piece.
Cat’s Out of the Bag — Attorney-Client Privilege and Work Product Protection between Adjusters and In-House Counsel - CE/CLE PROVIDED 11:30 AM -12:30 PM
Insurance companies rely on the advice of counsel for properly adjusting files, making coverage decisions, addressing policy limit demands, and avoiding bad faith claims. However, courts continue to struggle with the idea of attorney-client privilege and work product protections between claim adjusters and in-house counsel. This session will focus on the scope of protection and how courts around the country treat such communications. Attendees will gain an appreciation of how best to ensure protections of their interactions with in-house counsel when discussing claims and how such protections apply to the claim file.
Without A Floor There is Only a Ceiling— The Benefit of Presenting Affirmative Economic Damages Testimony - CE/CLE PROVIDED 11:30 AM -12:30 PM
The defense bar and claims resolution professionals have always wrestled with the conundrum of presenting an affirmative economic damages analysis to the jury or electing to only cross-examine plaintiff's damages experts. The concern in presenting affirmative economic damages analysis is the tacit admission of liability and setting a floor to economic exposure in the matter. However, without presenting an affirmative analysis to the jury, there is only a ceiling on the damages, which fails to provide the jury with another reasonable scenario of the economic loss. This session will develop the tactical benefits of presenting a defense witness versus only having the benefit of impeachment of plaintiff’s witnesses. We will explore various trial strategies and the pros and the cons of presenting an affirmative defense damages analysis to the jury. Attendees will develop trial strategies that will help them assess when it is best to present such testimony and how to present the affirmative damages analysis in a compelling manner.
Trending Headlines or Fake News? Potential D&O Exposures to Watch in 2020 - CE/CLE PROVIDED 11:30 AM -12:30 PM
What exposures are keeping corporate boards and their insurers awake at night? Are emerging issues such as evolving cyber risks at the top of the list of concerns? Are these covered by D&O policies or should boards also be looking to cyber and other categories of policies? Where is the coverage for data breaches, privacy violations, and malware attacks? What about the increased threat of direct personal liability to corporate executives? Or are the significant potential exposures still the very familiar, sometimes with a twist — securities litigation with increasing numbers of state court actions, derivative actions without stock drops and with nine figure settlements, government investigations — and continued fallout from opioid and sexual misconduct litigation. Learn what D&O and cyber news the experts will be following in 2020.
Building a Mandatory Collaboration Protocol Between Workers’ Compensation and General Liability Claims - CE/CLE PROVIDED 11:30 AM -12:30 PM
Ft. Worth 3.
This presentation focuses on the importance of having a collaboration protocol between workers’ compensation (WC) and general liability (GL) claims, the benefits of doing so, and how to do so. Many work injuries often lead to two claims: a WC and GL (civil) claim based on negligence. The WC claim generally moves at a quicker pace than the GL claim, and the rules of WC are usually more relaxed than those of civil claims. Findings in the WC claim may have a binding effect on the GL claim, where the issue decided is identical, which drives exposure in the civil claim. This session focuses on the importance of having a collaborative protocol between workers’ compensation and general liability claims, the benefits of doing so, and how to do so. Many work injuries often lead to two claims — a WC and GL claim based on negligence. The WC claim generally moves at a quicker pace than the GL claim, and the rules of WC are usually more relaxed than those of civil claims. Findings in the WC claim may have a binding effect on the GL claim, where the issue decided is identical, which drives exposure in the civil claim.
Because of the relationship between these claims, and the potential damage a WC claim can cause to a civil claim, it is important that the defense parties (which includes the employers, insurance carriers, brokers, attorneys, and claims professionals) construct and follow a protocol for joint defense of the claims. The goals of the protocol are to reduce litigation costs, curb exposure, close claims quickly, and reach global settlements, all of which can save the employer and insurance carrier a significant amount of resources. The protocol ensures implementation of both institutional and legal tactics that foster strong defenses. Because of the relationship between these claims, and the potential damage a WC claim can cause to a civil claim, it is important that the defense parties, which includes the employers, insurance carriers, brokers, attorneys and claims professionals, construct and follow a protocol for joint defense of the claims. The goals of the protocol are to reduce litigation costs, curb exposure, close claims quickly, and reach global settlements, all of which can save the employer and insurance carrier a significant amount of resources. The protocol ensures implementation of both institutional and legal tactics that foster strong defenses.
Nuclear Verdicts Avoided – A Guide to Corporate Witness Depositions - CE/CLE PROVIDED 11:30 AM -12:30 PM
Ft. Worth 1.
Transportation companies are frequently faced with requests for 30(b)(6), or person most knowledgeable deposition requests, often on 30 or more subjects. This session will analyze the crucial determination of the identity of a corporate representative (or representatives) for each request, as the corporate representatives are deemed to “speak” for the company. This session will also provide concrete techniques for the preparation of corporate representatives to ensure both consistent and defense-orientated testimony, even if confronted with “reptile theory” questions by the Plaintiff’s attorney.
File A Claim, Win A Prize — Same Old Game with All New Questions - CE/CLE PROVIDED 11:30 AM -12:30 PM
Play along in this session that will identify and discuss some of the major new emerging workers’ compensation trends such as home office injuries, sleep shift disorder claims, new strategies for avoiding workers compensation jurisdiction in favor of courts with unlimited liability exposures, etc. Participants will “judge” three or four possible correct decisions as an introduction to a discussion and analysis of these emerging issues.
Seven Habits that Define a Highly Effective Claims Team - CE/CLE PROVIDED 11:30 AM -12:30 PM
Stephen Covey’s bestseller has inspired for more than 30 years. The book is principle-centered and character-based using a pseudo “inside-out” approach to personal and interpersonal effectiveness. This is a comprehensive guide to self-growth and advancement. Why not spin self-growth into team growth, using the principles for developing a roadmap to building highly effective claims team including claims professionals, attorneys, and experts?
Spinning self-improvement for the sake of a claims team shouldn’t be a new concept, but too often one hand doesn’t talk to the other. This roundtable takes attendees to a new, higher level of thinking in team development. Habits explored during the panel including everyone’s number one nemesis — communication. The seven habits explored in the panel include: be communicative, be diligent, remain unbiased, be transparent, use discretion, be collaborative and a team player, and commit yourself to excellence. This ethics panel explores a mundane topic with empowering and thought-provoking content.
The National Opioid Crisis — Who Pays for the Solution? - CE/CLE PROVIDED 11:30 AM -12:30 PM
The entire country is struggling to identify a solution to the largest health crisis in American history — the opioid crisis. While the country and the courts continue to debate who is responsible for the crisis, the pressing issue remains who will pay for the solution. While thousands of lawsuits currently are pending against manufacturers, distributors, and retailers of prescription opioids, liability insurers also are being targeted as a source of funding for a solution. Liability insurance, however, is no more suited to remedy generalized societal harm than courts are to resolve claims for it.
Government plaintiffs have proposed multi-billion dollar prospective equitable abatement plans to be funded by pharmaceutical defendants, and potentially their liability insurers. Yet liability insurance simply is not structured to fund the prospective abatement of social harm, and the facts in support of the opioid plaintiffs’ cases highlight the inherent incompatibility between the purpose and language of liability insurance policies and the relief sought by the opioid plaintiffs. This session will discuss the background of the nationwide opioid litigation, including the remedies pursued by the plaintiffs, and explore the role of liability insurance, if any, in funding a solution to the crisis.
Witnesses — The Good, The Bad and The Ugly - CE/CLE PROVIDED 11:30 AM -12:30 PM
San Antonio 1.
In a world full of experts and people pretending to be experts, how do you select the most appropriate one? The panelists will lead a conversation focused on evaluating an expert’s credentials and knowing whether an expert is really qualified. We’ll also address the importance of avoiding professional witnesses, establishing early expectations with your expert regarding his or her role, preparing experts for depositions and trial, and how to properly utilize experts at trial. With the rising and often unpredictable cost of experts having a significant impact on litigation budgets, we’ll also discuss establishing clear billing guidelines with experts.
Advocacy, Accountability, and Actions — The Roadmap to Being an Ally for Diversity - CE/CLE PROVIDED 11:30 AM -12:30 PM
Doing the right thing by implementing D&I initiatives has resulted in innumerable benefits to companies, including innovation, retention of high-quality talent, and unique perspectives — giving them a competitive edge.In the insurance and legal industries, differing perspectives provide invaluable understanding of the needs and expectations of customers and clients and the development of claims, risk, and legal assessments. Corporate culture transparency and accountability are important aspects in the retention and safeguarding of the diverse workforce and diverse leaders. However, the impact of positive relationships, including friendships, colleague respect, and teamwork are clear rewards on a personal level. This session will provide a roadmap to diversity and inclusion success.
Danger, Will Robinson! Successfully Navigating Catastrophic Claims in an Era of Skyrocketing Jury Verdicts - CE/CLE PROVIDED 11:30 AM -12:30 PM
The decade-long trend of increasing jury verdicts is unmistakable. Our emails, social media accounts, and professional organizations serve as constant reminders. There are many different theories about the reasons behind this trend – demographic changes, a more effective and organized Plaintiff’s bar, a broken-beyond-repair jury system – and as many different theories about how to effectively address them. While these debates rage, claimants and their attorneys are becoming increasingly aggressive in their settlement evaluations and expectations, and insureds are becoming increasingly concerned about headline-grabbing verdicts that, at best, generate negative publicity and, at worst, exceed their available insurance. Successfully handling catastrophic claims in this negative environment requires a proactive, aggressive, and cooperative approach between the insured and its insurers at all levels in which trial preparation begins on the day the claim is reported. This interactive and diverse panel will discuss concrete strategies to successfully navigate catastrophic claims and the inevitable conflicts that come with them.
Institutional Bad Faith — Putting the Insurer's Practices, Procedures, and Integrity on Trial - CE/CLE PROVIDED 11:30 AM -12:30 PM
The success or failure of an institutional bad faith case turns on the policyholder’s ability to present evidence of the insurer’s unfair business practices and procedures to a jury. More than a routine or conventional demonstration of a claim decision ostensibly outside the boundaries of contractual good faith, the allegation of institutional bad faith is the staging of a direct attack on the integrity and character of the insurance company as a whole. This session will use actual claim file excerpts, deposition testimony, and once-privileged documents to engage the audience in a significant discussion of one insurer’s tale of having its longstanding claim practices and procedures used against it as the backdrop of institutional bad faith. Participants will be able to track and discuss the unfolding of the institutional allegations as they occurred in real time and in the real lives of front-line claim adjusters and the resulting assault on their integrity. The events and fraught decisions we will discuss actually happened — only the names have been changed.
Strategies for Defending the High Profile/High Exposure Sexual Harassment Claim in the Post #MeToo Era - CE/CLE PROVIDED 11:30 AM -12:30 PM
Since the advent of #MeToo, there has been a substantial rise in the number of reported incidents of sexual harassment, and the number of filed claims. In addition, jury science has identified emerging trends with regard to public perceptions of the credibility of such claims and the need to send a message to employers with regard to incidents of harassment. Not surprisingly, there has been a rising concern on the part of employers with regard to the potential for business reputation harm arising from the publicity given to allegations of sexual harassment and sex discrimination. Armed with the knowledge of these developments, there has been increasing pressure put on insurance companies to make rapid decisions in terms of valuing these claims, and whether/how much to contribute towards possible early resolution. This has created a need on the part of the employment practices claims community to be educated as to the developing laws and trends, and the critical steps to take in the course of defending against these types of claims. In a highly interactive session, attendees will discuss the impact of these developments, the practical business and ethical issues presented, and how best to grapple with these types of claims in this new environment.
The Developing Dangers of Kratom and Vaping — Anticipating Imminent Claims and Litigation - CE/CLE PROVIDED 11:30 AM -12:30 PM
Although the public is aware of the dangers of meth, heroin, and opioids, the criminal nature of their distribution may dissuade some from using these drugs, which can be difficult to obtain to many but the most hardened drug users. But neighborhood stores and strip mall shops have proliferated with the development of e-cigarettes and vaping equipment, as well as stores selling Kratom, a sort of knock off marijuana, since these products are not yet illegal. Advertisements for these substances and devices are prolific, and seem to target a younger audience, who may see the use of these products as cool. As more and more users of these substances become ill, however, and with startling and increasing reports of deaths as well, claims and lawsuits related to these substances are likely forthcoming. Insurance carriers need to be prepared for a likely increase in product and general liability claims. We will explore the nature of these substances, how the governmental ban on certain types of vaping devices will impact sales and lead to other claims, and what the future may hold.
Lunch 12:30 PM -2:00 PM
Texas A - Selman Breitman Ballroom.
SESSION 3 2:00 PM -3:00 PM
Various Breakout Rooms.
Challenges in Handling International Claims and the GDPR - CE/CLE PROVIDED 2:00 PM -3:00 PM
This session focuses on multinational organizations and the challenges that both the insurers as well as the insureds have to face while handling international claims. The panel will address the legal differences, communication between insured and insurer, evaluating jurisdiction, and the concept of data portability introduced under Article 20 of the General Data Protection Regulation (GDPR). The panelists will discuss how to analyze whether your foreign company can be sued in the court where the case is brought and the impact the GDPR has on the insurance industry. The recent regulations in New York and California will also be addressed. The presentation will also discuss how insurers should plan for the future with Brexit approaching and that transfers to the United Kingdom will become data transfer out of the EEA. As such appropriate mechanisms will need to be put in place to ensure the transfer is complaint with the GDPR.
Predictive Analytics – You Don’t Need a Crystal Ball to Predict the Future - CE/CLE PROVIDED 2:00 PM -3:00 PM
Claims organizations have a wealth of litigation data, but how can you turn it into actionable information? What about using it to forecast how long a case may cost, how long it could last, or what the possible outcomes could be? In this session, we will discuss how you can start using artificial intelligence (AI) and predictive analytics to affect your litigation management program. We’ll talk about how data models can take your key performance indicators and historical data and turn it into information you can confidently act on when selecting firms.
We’ll explore how predictive analytics affects case budgets, case cycle times, and claims outcomes. We’ll also look at how machine learning picks up on nuances or anomalies that can affect the analytics and give you a clearer picture on expected case parameters, and how that information can empower your claims professionals during firm selection. Predictive analytics allows newer examiners to mine the expertise of their peers while giving more senior associates confidence that their firms and case parameters fall within their expectations.
The New and Improved Defense Playbook — A Fresh Look to Combat Nuclear Verdicts - CE/CLE PROVIDED 2:00 PM -3:00 PM
Year after year, plaintiffs’ attorneys develop creative strategies and arguments to convince juries to award astronomical verdicts. Why is there a rise in “Nuclear Verdicts?” What can we do to stop this disturbing trend? The defense industry has to change. This interactive panel of defense lawyers and insurance company executives discuss the root causes of this verdict trend and concrete strategies to disarm plaintiffs’ arguments and prevent runaway jury verdicts. Join the discussion to learn how to identify and defeat plaintiffs’ attempts to anger the jury. This group will discuss effective methods to provide a defense number to the jury, even when requesting a defense verdict. The conversation will also include several other methods to argue noneconomic damages and defuse anger including trial themes, taking responsibility, and personalizing the corporate client.
Breaking Through the Generation Barrier - CE/CLE PROVIDED 2:00 PM -3:00 PM
Baby boomers are unwilling to change. Generation Xers are cynical and lack work-life balance. Millennials are entitled and need constant praise. Generation Z is tech reliant and lacks people skills. We all know the stereotypes of those in different generation labels. This panel breaks through those stereotypes and involves a discussion on tips and methods to overcome age bias and generation gaps in the workplace. Recent studies find a serious issue in the lack of communication and distrust among those in different generations, especially in a workplace. The lack of understanding can create inefficient and ineffective workplaces. Initial discussion will focus on beliefs of those in different age generations to have a base of understanding of other generations’ beliefs and ideals. We then transition from discussion of those beliefs and ideals to a discussion of how to use those beliefs and ideals to find common ground and build trust and relationships. The goal of this panel is to proactively engage those considered to be Generation Z, Millennials, Generation X, and Baby Boomers in discussion in order to increase productivity and communication in the workplace by breaking down generational barriers.
Don’t Miss the Forest for the Trees - CE/CLE PROVIDED 2:00 PM -3:00 PM
A pyrrhic victory is one that comes with such a devastating toll on the victor that it is tantamount to a defeat. The toll inflicted by such a victory negates any benefit achieved by winning. Claims professionals are often faced with “winnable” cases — cases where the underlying claims against the insured are weak or where coverage is questionable. In those situations, a claim professional must keep his or her eye on what matters most for the company, and this often requires a balancing act. Should the company insist on trying a weak case against an insured or enter into a settlement? Where coverage is questionable, should the company defend, deny, or bring a declaratory relief action? When and how hard should the company assert a position to establish an important precedent? This presentation will explore various considerations when faced with a “winnable” case.
Round Up Fallout — Present and Future Impact of Glyphosate Risks, Litigation and Coverage Issues - CE/CLE PROVIDED 2:00 PM -3:00 PM
San Antonio 1.
Claims involving Round Up (glysophate) continue to expand. Personal injury claims against Monsanto and new claims against distributors are being analyzed in the context of scientific and regulatory past and present findings. Plaintiff counsel is using the latest legal theories to make this MDL and state court litigation the fastest growing mass tort. Defendants are faced with other types of liability exposures including class action false advertising claims, property damage, business interruption, food product quality, and stigma. This interactive session addresses the issues these claims present and defense strategies targeting the most optimal results.
What Matters in Today’s Tripartite Relationship —KPIs, AI, and Other Litigation Management Measurements - CE/CLE PROVIDED 2:00 PM -3:00 PM
This session will focus on the different competing and common interests that law firms, corporations, and Insurance carriers have when evaluating success. We will discuss the emerging standards and what we must all focus on to ensure successful outcomes when analyzing risk, legal spend, and other key performance indicators. There will be different points of views from all sides of the equation and discussions on what brings these important measures in line with expectations.
Can't Touch This — Use of Non-Destructive Techniques to Avoid Spoliation of Evidence - CE/CLE PROVIDED 2:00 PM -3:00 PM
Be it a product liability trial, a personal injury claim, or an intellectual property dispute, it is often the case that a physical object or product is the central piece of a trial or an insurance investigation. Care should be taken to preserve the integrity and condition of these objects, in particular during a technical evaluation, such that the act of inspecting the object itself does not result in spoliation of the evidence. A deeper understanding of investigative and scientific techniques that can be leveraged to non-destructively evaluate evidence can provide a boon to investigators, adjusters, and litigators alike.
In this session, we will discuss examples of evidence spoliation, their legal and economic consequences, and best practices for handling evidence to avoid evidence spoliation. We will also cover some of the most common (photography, optical microscopy, etc.) and most versatile (X-ray imaging, CT scanning, Lidar, etc.) scientific techniques that can be leveraged to extract as much information as possible in a non-destructive manner.
It's a Secret!!! Living in the Age of Privacy...Or Not - CE/CLE PROVIDED 2:00 PM -3:00 PM
We live in the age of GDPR 2.O (the European General Data Protection Regulation). New standards are also being adopted in the states, creating new challenges for insurers, third party administrators, risk managers, law firms, in-house general counsel, and insurance brokers. For example, the California Consumer Protection Act is a far-reaching law, recently subject to amendment, which goes into effect on January 1, 2020. In Illinois, there is the Data Transparency Privacy Act. Consumer privacy is sweeping the nation from East to West — New York Privacy Act, Texas Consumer Privacy Act and the Washington State Privacy Act. By March 2020, nearly half of the states will have privacy laws that place significant burdens on all stakeholders with penalties for non-compliance. This panel dissects these recent developments and provides tips on the path to privacy for all stakeholders.
Through Hail or Highwater — Resolving Hail, Hurricane Wind and Water Claims - CE/CLE PROVIDED 2:00 PM -3:00 PM
The weather is getting worse. Hailstorms, tornadoes, and landfalling hurricanes are becoming much more common. Claims arising from these weather events raise a number of meteorological questions — including what were the weather conditions at the specific loss site, what actually caused the damage (such as wind or water), and when did the damage actually occur (pre-existing or new damage). It has never been more important to properly investigate such claims to fully address these issues and reach an accurate claim decision. Participants will learn about the latest tools, technology, and data available to insurance carriers and their attorneys in these claims. The discussion will include the importance of using qualified experts, staying within their scope of expertise, and how to avoid Daubert challenges.
Sick Days — The Expansion of Leave Laws and Accommodations in the Cyber Age - NO CE/CLE PROVIDED 2:00 PM -3:00 PM
Can I fire this employee who continues to seek leave? Not an easy question to answer. More and more states are changing paid leave laws and therefore requiring an extensive analysis of how long can an employee receive paid leave. The analysis does not end there. The question then becomes whether a reasonable accommodation can be made. In the cyber era, how far must an employer go to reasonably accommodate a employee? Any decision would also have to take into consideration the probability of a retaliation claim. This session will discuss the pitfalls and considerations when an employee asks for sick leave.
Dipping into the Secret Sauce — Preparing for and Responding to Challenges in Mediation - CE/CLE PROVIDED 2:00 PM -3:00 PM
As part of a qualitative study of the mediation dynamic in litigated disputes, attorneys, mediators, and insurance claims professionals were asked to identify and explain the “challenges” they face in the mediation process — anything that impedes them from achieving their goals. The answers uncovered varied perceptions of mediation's fundamental elements. For example, what does it mean to prepare for and engage in meaningful settlement discussions? How does each professional approach and manage competitive bargaining — can it (or should it) change? What causes impasse and what are some of the most effective techniques that break it? These topics and more will be addressed during this interactive session.
In the Eye of the Storm — Lessons Learned - CE/CLE PROVIDED 2:00 PM -3:00 PM
Ft. Worth 7.
Manufacturing facilities, warehouses, and storefronts are home to the nation’s workforce and buzz with commerce activity every day. Business owners constantly wrestle with the question of how to effectively mitigate property losses and return to business as usual following a catastrophe or even routine property damage. Negotiation and placement of well-defined property coverages and astute knowledge of contract language are essential. The need for preparation and effective loss prevention plans prior to events cannot be overemphasized.
Business interruption, in the wake of a natural disaster or human catastrophe event, can be a daunting and costly scenario. Delays in remediation and repair can cause even greater impact to the overall costs. Deploying and managing the right resources at the right time is not only a science, but an art. This session will address ideas and perspectives on the best ways to get back to business in the wake of significant property damage.
Defense Counsel's Wish List - CE/CLE PROVIDED 2:00 PM -3:00 PM
This highly recognized liability defense team will discuss their wish list of what they would like to see in the contents of a file when it is referred to them.
New Technologies Being Used to Manage Projects and What you Need to Know - NO CE/CLE PROVIDED 2:00 PM -3:00 PM
From Augmented/Mixed Reality to Biometrics, what are contractors doing to use technology on the job site to be faster, more efficient and safer and how is that information used in litigation.
Handling Cyber — Best Practices for Claim Professionals and other Cyber Practitioners - CE/CLE PROVIDED 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 offerings. What separates one cyber insurance policy Isn’t just about insuring agreements or definitions. More than ever, policyholders demand to know about the readiness, depth, and sophistication of the people that will actually be handling a cyber claim. There is great value in a prepared cyber claim unit. An efficiently and appropriately handled cyber event reduces costs and mitigates future harm from regulatory investigations and third-party liability. This panel will share their insider perspectives about the best claim handling practices, share real-life experiences handling cyber claims, and teach lessons learned for the future. We will talk about insurance, privacy, law, technology, and risk management for all things cyber.
Is It Time for an Intervention? Risks and Benefits of Direct Liability Carrier Participation in Underlying Tort Lawsuits - CE/CLE PROVIDED 2:00 PM -3:00 PM
Whether an insurance company has liability coverage for a lawsuit often will turn on the resolution of certain key facts. American courts traditionally have not allowed carriers to intervene in such suits to participate in these factual determinations. Courts around the country, however, are starting to recognize the inefficiencies and potential for collusion in such a system. For these reasons, the legislature in one state (Missouri) recently granted liability insurers the right to intervene under certain circumstances, though the courts have tried to limit that right significantly. Overall, an increasing number of states have allowed intervention to promote the efficient resolution of insurance coverage issues and to prevent the entry of collusive tort judgments. This session will focus on whether, when, and how a carrier should intervene in an underlying suit and the benefits and risks of same. The panelists will utilize hypotheticals to lead an interactive discussion of how intervention might help bring a claim to resolution. Each of the panelists handle claims in jurisdictions where intervention is a very real consideration and therefore will draw upon years of practical experience.
New Developments in Challenging Certificates of Merit — Seeking Dismissal for Failure to Concurrently File Certificate with the Original Petition - CE/CLE PROVIDED 2:00 PM -3:00 PM
This session covers a national compendium of Certificate of Merit law identifying common factors courts rely on to dismiss a case with prejudice. The panelists will lead conversation around pitfalls to avoid when filing the motion to dismiss and variances among state laws. Specific cases will be discussed, along with drafting recommendations for defense counsel and experts faced with this issue.
The Continuing Effects of #MeToo on Litigation and Legislation - CE/CLE PROVIDED 2:00 PM -3:00 PM
This session will explore the ways in which legislation has changed since the #MeToo movement with a focus on how this has evolved the practice of employment practices liability and its impact on insurance policies. Specifically, this session will review the definition and background of the #MeToo movement. Discussion will address notable changes in the law, particularly with respect to the laws before the #MeToo movement and new laws being introduced since then. This session will cover how this movement has affected litigation, from changes in liability to defenses to damages. Panelists will also cover how claims professionals can guide their insureds on decreasing exposure, as well as taking steps to protect them from future claims, based on anticipated trends in the law.
Dealing with the Inexperienced Plaintiff's Lawyer - CE/CLE PROVIDED 2:00 PM -3:00 PM
Ft. Worth 1.
This roundtable discussion will focus on the unique and complex issues that an inexperienced or “fish out of water” plaintiff’s counsel presents to claims professionals and defense counsel. Often the most difficult and costly cases to defend are not driven by experienced and skillful counsel, but by those who are either dabbling in the practice area or who are unskilled due to inexperience. This session will discuss strategies to deal with those types of opposing counsel. The discussion will reflect on experiences and strategies that have and have not worked pre suit, during discovery and at trial to minimizing the damage that unskilled imposing counsel can inflict.
Break 3:00 PM -3:25 PM
SESSION 4 3:25 PM -4:25 PM
Various Breakout Rooms.
Seeing Clearly through Effective Legal Project Management - CE/CLE PROVIDED 3:25 PM -4:25 PM
For the past several years, the term “Legal Project Management” (LPM) has been on the lips of claims professionals, clients, and law firms whenever discussing law firm representation. This panel provides concrete insights on why LPM is important, and how its effective use drives efficiency, desired outcomes and achievement of business goals. From guidelines and directives to planning and execution, sound LPM principals ensure that the client, insurer and kaw firm are on the same page and united in a common goal. By sharing first-hand experiences and examples of how industry participants employ LPM in their roles, and inviting the audience to share their own personal LPM experiences, attendees will come away with a deeper appreciation of its true importance and practical ways to incorporate it into everyday business practices.
Discussion will include:
• The relationship between LPM and client guidelines
• Problems that LPM can address
• Practical examples of how to employ LPM
• Reducing costs and increasing profitability for all players
• Lessons learned from a large law firm, claims, and risk management perspective
Moving Target — Identifying and Defending against New Medical Evidence Strategies by Plaintiffs - CE/CLE PROVIDED 3:25 PM -4:25 PM
This session focuses on the various new strategies being used by plaintiffs around the country in catastrophic injury cases and how the industry can best underwrite, evaluate, and defend those cases. In this era of exploding verdicts, plaintiffs are becoming more and more creative on what damages they put, or in some instances, do not put in front of juries. This session will focus on those various strategies and how defendants and carriers can best respond to those challenges.
In an increasing number of cases, the Plaintiff is electing not to put blackboard damages in front of a jury and is filing pretrial motions to prevent the introduction of this evidence to a jury. Evaluating a case, simply on the injury presents a new and unique evaluation issue for the industry. Other strategies include the use of medical or litigation funding companies by Plaintiffs and the impact on damages, the ever-increasing use of experts and life care plans to show permanency and reptilian tactics that have been on the rise for years. This session will discuss how to best counter these new and emerging strategies.
Confronting Unconscious Biases in Litigation - CE/CLE PROVIDED 3:25 PM -4:25 PM
Is unconscious bias in litigation increasing your claims costs? Are you sure of that answer? Unconscious biases are those prejudices we all have that affect our belief structure about other groups. These biases may be based upon race, gender, ethnicity, age, disability status, personality type, or some other factor. It is important for those managing claims to be aware of whether these biases are affect the value of their cases.
This highly accomplished panel will lead a discussion on confronting unconscious biases in litigation. They will share their real-life experiences where unconscious biases negatively affected the settlement analyses and valuations of cases. They will discuss why it is essential that the adjuster and defense attorney are aware of unconscious biases so that cases are appropriately and accurately assessed. Lastly, the importance of training to help insurance personnel and their defense counsel understand what unconscious biases are and how to overcome them or compensate for them will be addressed.
Establishing and Enforcing Drug Policies in the Age of "Legalized" Marijuana — It's High Time to Ensure Your Policies Are Up To Date - CE/CLE PROVIDED 3:25 PM -4:25 PM
With varying restrictions, recreational marijuana is currently legal in 11 states and the District of Columbia, and medical marijuana is legal in 33 states and the District of Columbia. However, marijuana use remains illegal under federal law, which classifies it as a Schedule 1 drug along with heroin, LSD, and MDMA. Proper risk management requires that employment policies and procedures consider and address the various classifications of legality for marijuana along with the reality that employees are being prescribed medical marijuana by licensed physicians. Risk managers must also ensure that drug policies conform with the laws applicable to their respective jurisdictions related to if and how marijuana use is classified as a lawful activity if occurring outside the workplace during non-working hours, drug testing for current and prospective employees, and how medical marijuana use fits in with drug-free workplace policies. The importance of clear, non-discriminatory, and uniform and consistently applied workplace drug policies cannot be understated. This session will explore the issues and claims arising from termination of employment arising from positive drug tests for marijuana use in this current legal environment.
Evidence-Based Medicine — The Anatomy of an Injury - CE/CLE PROVIDED 3:25 PM -4:25 PM
Various medical diagnostic tests are routinely used to assess injuries pre-suit and during all phases of the litigation process, including trial. Many of these studies are performed by physicians who lack sub-specialized expertise or employ testing that is lacking in demonstrated validity. Further, these studies are increasingly being promoted for use in the court room by the plaintiff’s bar in an effort to demonstrate sub-clinical aspects of injuries ranging from traumatic brain injury and perception of neuropathic pain to more standard orthopedic injuries. There has been a proliferation of the use of questionable research studies in litigation and in court. It behooves claims and legal practitioners to become well versed in the use and abuse of these studies and with respect to the newer technology, to prevent junk science from being used against their clients. This session will examine the clinical and scientific underpinnings of why discrepancies can exist and how the growth of various cutting-edge technologies and examine what legal challenges can and have been made in an effort to prevent them being used in court and to be ready and able to attack questionable conclusions when their use is permitted.
Relationships and Expectations in the Litigation Process — Counsel, Carrier (TPA) and General Counsel/ Risk Manager - CE/CLE PROVIDED 3:25 PM -4:25 PM
Management of a claim is complex with many parties involved throughout the process. What are the roles and responsibilities of each? This session helps attendees understand their respective roles in the litigation process and how all the parties involved work together. Communication and planning cannot be overlooked while ensuring that clients remain the decision makers and involved at every turn of events. Intellectual honesty by the litigation management team is instrumental, surprises must be eliminated. How do we get there? Who leads the show and why?
What's New in Event Data — Telematics and Infotainment - CE/CLE PROVIDED 3:25 PM -4:25 PM
Ft. Worth 1.
Event data has been analyzed by hired experts in the transportation industry for the last 25 years and plays a major role in the outcome of litigation. Each year, technology continues to progress and the case law in regard to this technology is ever-changing as the courts try to adapt (and keep up with!) the changing times. This session will provide the attendee with the history of event data recording; an understanding of the progression; and how data is properly collected and utilized in litigation. The newest forms of data collection including telematics and infotainment will be addressed, along with the latest event data collections used. An understanding of how the data is used by engineering experts and how it can be accepted by the courts will be reviewed along with actual case examples.
Fake it ‘Til You Make It — Accelerating Your Career Growth - CE/CLE PROVIDED 3:25 PM -4:25 PM
Many new insurance professionals face a daunting issue. While working in large companies with the same job title or position as thousands of others in the industry, how does one stand out? This panel will provide tips for young insurance professionals on how to separate from the herd and become indispensable to their companies. Attendees will walk away with tools to identify opportunities to excel, turn failures into lessons, and build enduring confidence.
Leveraging Data and Analytics to Drive Business Value - CE/CLE PROVIDED 3:25 PM -4:25 PM
You’ve heard a lot about how technology, data, and analytics are changing the legal industry. If you want to learn how data and analytics can benefit your law firm or company, or just feel like you may not be up on the latest in prescriptive analytics and AI, then this session is for you. Many organizations have turned their attention to data and analytics to help meet the escalating demand from clients for more effective and efficient legal services. This session will explore how data and analytics can elevate your operational intuition, ask the right questions, and help you to identify and solve critical business problems with actionable solutions. Our panel of experts will cover the business value of data and leverage your data to make better informed decisions for your law firm, or company and clients.
Risk Transfer and Contractual Indemnification – Who Gets Left Holding the Bag? - CE/CLE PROVIDED 3:25 PM -4:25 PM
The session will focus on the ramifications of what occurs when an insured fails to obtain the proper risk transfer and indemnification language and then attempts to proceed with enforcing the indemnification. We will also discuss the proper documentation and language to be utilized by an insured to demonstrate how to properly ensure that an indemnification provision will be successful for risk transfer.
Taking Care of the Total Worker — Social Determinants of Health in Workers Compensation Claims - NO CE/CLE PROVIDED 3:25 PM -4:25 PM
Ft. Worth 3.
When someone gets hurt at work, it's not just the injured party who is affected. For the employer, a work injury may mean lower productivity, higher costs, and less money to the bottom line. And, let's not forget, the injured worker's family also often has to deal with additional stress, changes in routine, and potential financial difficulties due to the injury.
Join us as a team of experts will discuss the importance of asking the right questions and gathering the right information so you understand what barriers might be in the way to an injured worker's recovery. This includes socioeconomic status like age and housing, personal factors including finances and transportation, the physical demands of employment, and access to appropriate healthcare; all of which can affect an injured worker's recovery and potential return to work.
Tripped Up! Demolishing the Plaintiff’s Case with Accident Video as a Lethal Weapon - CE/CLE PROVIDED 3:25 PM -4:25 PM
Jurors appreciate, and often expect, visual evidence of a slip and fall accident. In this era of heightened juror expectations, the defense bar needs to show juries not only that the incident was captured on video, but that it is actually favorable to the defense. Videos can be provided to an engineer to conduct a frame-by-frame analysis with time stamps showing the sequence of events. We can establish many things with this, such as the plaintiff’s inattention to their surroundings, how many times she had walked over the area before the accident, whether she looked down at the floor, and whether store employees and other customers passed through the area without any problems. The video could also contain post-accident evidence that is useful to the defense. This technique can be used at trial and mediation.
Consumer Electronics and the Internet of Things — The Next Wave of Digital Evidence in Claims and Litigation - CE/CLE PROVIDED 3:25 PM -4:25 PM
Our world is becoming increasingly digitally hyper-connected. The objective of the Internet of Things is for everything to communicate and interface with everything. From wearable technology and smart home assistants, to Internet-connected medical ingestibles and social credit scores, more data is being collected about us than ever, and this data can and is being used in litigation. This session will explain how this data is collected from the IoT devices, and the places that they store data such as the cloud, cell phones, and computers. Cases involving IoT devices such as digital pacemakers, fitness wearables, and smart home assistants will be discussed with an eye to the future of how this data will become more prevalent and pervasive.
Mediation Tactics — Using ESI and Claim Data to Reduce Reasonable Settlement Values - CE/CLE PROVIDED 3:25 PM -4:25 PM
Panelists will discuss tactics for using electronically stored information (ESI) and claim data metrics for successful mediations and the reduction of reasonable settlement values. Tactics such as presenting ESI-vendor cost projections to plaintiff's counsel, data-mining correspondence, and providing historical award ranges in various jurisdictions can impact and even chill a claimant's desire to pursue litigation further, as well as educate opposing counsel on the true, shared costs associated with protracted litigation.
It’s Not Always About the Money — Factoring in Reputation and Brand - CE/CLE PROVIDED 3:25 PM -4:25 PM
Ft. Worth 7.
Take each claim at a time. What happens when you client’s reputational risk is just as important as the defense or indemnity of the claim/lawsuit? Putting your feet in the insured’s shoes.
Natural Disasters and Dealing with the New Reality of Catastrophic Claims - NO CE/CLE PROVIDED 3:25 PM -4:25 PM
San Antonio 1.
The new reality of previously inconceivable but now regular and immensely costly natural disasters presents new opportunities and challenges for claim resolution professionals resulting from these disasters as the post-disaster lifecycle and associated lawsuits commence. As each unique disaster unfolds in this new reality, the post-disaster claim process is affected. While many claim professionals will force and others will defend against direct damages from disaster exposure, many other savvy claim professionals may look to force defect and maintenance damage claims on to unsuspecting policy issuers. Still others will see opportunities for follow-on claims on behalf of hardnosed related though not directly affected parties against available property and public policies. The drawn line between the damage-causing disaster and maintenance and construction defects is becoming more and more blurred leaving many claim professionals with uneven footing when determining cause, notice, and reasonable damage and coverage values. More challenging still, the number of potential defendants multiplies as the considerable disaster damages total. In this panel, we explore this evolving world of natural disaster claims. We discuss the opportunities for success in the application of sound claimant and defendant practice, litigation best practices, and how future litigation may be affected.
Oh No You Didn't! Social Media Do's and Don'ts - CE/CLE PROVIDED 3:25 PM -4:25 PM
A nurse takes a photograph of an unsuspecting patient in the ER who just attempted suicide, and posts it on social media resulting in termination, licensure suspension, and a multimillion dollar lawsuit for HIPAA violation and various intentional torts and punitive damages. Another healthcare provider takes a selfie next to a patient who is in a coma and posts it with an offensive caption while smiling and making a peace sign — also resulting in similar litigation and ramifications. A lawyer gets into a Yelp war over the client's comments of dissatisfaction of his representation, only to place him in a more unfavorable light and unwittingly causes him to violate the attorney-client privilege. This session will address the pitfalls of any professional who falls prey to making self-indulgent posts on social media or arguing with their clients in a public forum. The panelists will lead a discussion as to navigating through litigation and licensure issues that may be affected by social media blunders, best practices for the professional in handling negative posts or reviews, and better uses of social media for enhancement of their practice.
Redevelopments — Insuring the Environmental Risks and Managing the Claims - CE/CLE PROVIDED 3:25 PM -4:25 PM
This session will look into the environmental aspects of risk management and risk transfer of a redevelopment project, including insuring the risks. Panelists will also lead a discussion on some of the common loss scenarios involving pollution and how to approach and manage claim scenarios.
Risk Transfer for Construction Defect Claims — Minimizing and Allocating Costs of Defense and Indemnity - CE/CLE PROVIDED 3:25 PM -4:25 PM
This session will discuss what steps a claims resolution professional, defense and coverage counsel should take, and how they may work together, to identify risk transfer possibilities and make contractual and additional insured tenders. We also will examine what carriers can and should do in responding to such tenders made to their insureds or to them by putative additional insureds. Finally, we will discuss how litigation costs can be contained/minimized through early risk transfer investigations, analysis, and possible mediation — to allocate defense and indemnity amounts among the various involved contractors, subcontractors, and insurers.
Smart Home Technology and its Increasing Role in Fire Investigations - CE/CLE PROVIDED 3:25 PM -4:25 PM
As homes and buildings become more connected and technologically advanced, so too does our ability to utilize these tools following a fire event. This session will discuss the increasing prevalence of smart home or building technology and how such technology can aid claim professionals and attorneys during a fire investigation.
You Think You Know? Understanding the Applicable Law and Duties to Your Insured - CE/CLE PROVIDED 3:25 PM -4:25 PM
Choice of law rules can be complex, especially when it comes to the insurer’s duties to defend and settle suits. In August 2019, the California Supreme Court issued a decision affecting when California law applies to the insurers’ right to deny coverage due to late notice regardless of a policy express choice of law provision. Other courts around the country, including key jurisdictions such as New York, Delaware, Florida, South Carolina, and Missouri, have also issued rulings that turn on the nature of the underlying claim or "split" the applicable choice of law and create the potential for conflicting duties. This can affect key decisions by claim professionals from appointment of counsel through settlement discussions. This session will review some of the key court rulings and key areas of differences in applicable law and discuss how underwriters and claims professionals may be able to influence the outcome of these choice of law challenges.
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
San Antonio 1.
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
Ft. Worth 7.
Transportation Committee 4:35 PM -5:30 PM
Ft. Worth 1.
Workers Compensation Community 4:35 PM -5:30 PM
Ft. Worth 3.
Young Professionals Community 4:35 PM -5:30 PM
Cannabis Committee 4:35 PM -5:30 PM
CLM Awards Dinner and Reception 5:30 PM -9:00 PM
Texas A - Selman Breitman Ballroom.
We're mixing things up in 2020. This year, we're moving the recognition of the CLM Professionals of the Year finalists and announcement of the winners, along with the recognition of the CLM Lifetime Achievement Award winner to the Thursday night dinner. This sit-down dinner gives attendees a chance to connect with each other and recognize their award-winning colleagues. We will also be recognizing all new Certified Claims Professionals (CCPs), Advanced Claims Professionals (ACPs), and Certified Litigation Management Professionals (CLMPs). We might even have a few surprises up our sleeves. Join us for this very special evening.
Breakfast 8:00 AM -9:00 AM
Texas A - Selman Breitman Ballroom.
From the C-Suite — Building and Engaging the Workforce of Tomorrow 9:00 AM -10:15 AM
Texas A - Selman Breitman Ballroom.
How do you attract the talent you need for your business today and into the future? Once you have that staff, how do you keep them engaged? It’s a challenge all leaders face in today’s market where experienced professionals are retiring in record numbers. Recruiting new professionals is just the first challenge. How do you foster career growth in those newer professionals?
In this premier session, C-suite executives will discuss how their companies are deploying employee engagement strategies to attract and retain talent. Employment engagement drivers such as training, autonomy, flexibility, respect, inclusive work cultures, technology and enhanced communication loops will be identified and discussed. Creating a work culture that prizes engagement will be better able to promote long-term retention, higher levels of productivity, and a superior quality of work for both corporations and law firms.
Break 10:15 AM -10:40 AM
SESSION 5 10:40 AM -11:40 AM
Various Breakout Rooms.
How to Keep Your Balance on the Three-Legged Stool — Challenges Facing Defense Counsel, Coverage Counsel and the Insurance Company in the Tripartite Relationship - CE/CLE PROVIDED 10:40 AM -11:40 AM
Ft. Worth 7.
The specter of conflicting coverage positions can often lead to challenging questions for defense counsel, coverage counsel, and the insurance company paying the bills. This roundtable discussion explores the roles of the key players in the tripartite relationship and how vital it is to strike the appropriate balance. The tripartite relationship is governed by a complex system of case law, statutory law, contracts, and ethical rules. A majority of jurisdictions hold that insurer-appointed defense counsel has two clients — the insured and the insurer — and owes the full spectrum of attorney-client duties to both. A minority of jurisdictions provide that the insured is defense counsel’s only client, or the “primary client." Both positions, however, cause a number of vexing and difficult decisions for the players. This discussion will use real life examples to explore ethical solutions to these difficult situations and will be presented from the point of view of defense counsel, coverage counsel and the insurance carrier.
Step Right Up! The Circus of Indemnity Claims - CE/CLE PROVIDED 10:40 AM -11:40 AM
A claim has been made against you or your insured, but there's more to the claim than meets the eyes. That is, the claim arises out of the work (or product) of a third party. Whether you have a contract with that third party, you may have a right to immediate and comprehensive protection through an indemnity claim. But indemnity claims are not without their pitfalls. Has the claim accrued? Who controls the defense? Can fees be recovered through an indemnity claim? What if the original claim arises out of the work of multiple third parties? Is indemnity an equitable or contractual claim? What if you (or your insured) are that third party? Get the answers to these questions and more, under the indemnity circus tent.
Changing the Employee Safety and Wellness Mindset to Reduce Workers’ Compensation Costs and Avoid Liability - CE/CLE PROVIDED 10:40 AM -11:40 AM
Ft. Worth 3.
Employees’ high-risk health issues often result in workers’ compensation claims and may expose employers to additional liability. This session focuses on changing the claims management mindset surrounding employee safety and wellness to drive down workers’ compensation costs and avoid liability exposure.
Employers understand that employee safety and wellness programs can help reduce absenteeism, expedite return to work, reduce medical costs, mitigate claims, and lessen overall litigation. Today’s litigious environment calls for an innovative approach that might include self-reporting programs and dedicated medical case management teams to help employers spot issues before they become costly claims. Extending that mindset to also consider compliance issues involving the ADA, EEOC, GINA, HIPAA, and ACA will go a long way toward mitigating liability and preventing claims.
Tech-Enabled Records Retrieval — Advanced Practices for Maximizing Discovery - CE/CLE PROVIDED 10:40 AM -11:40 AM
Technology continues to disrupt the insuretech and legal communities. For the most part, business processes are still dramatically behind the technology advancements that are now available. This session will explore the many variables contributing to a more tech-enabled records retrieval process and make recommendations on how to apply them to maximize your claims review and case discovery.
Panel Counsel Checklist — A Guide to Quality Work and Navigating Ethical Quandaries - CE/CLE PROVIDED 10:40 AM -11:40 AM
This session will focus on the role of outside counsel in the tripartite relationship between carrier and insured. Insurance industry leaders will discuss how they evaluate outside counsel and what they look for in selecting and retaining panel counsel. Further, this session will explore the ethical issues outside counsel sometimes face in defending the insured in the context of the tri-partied relationship. This session will also focus on those extra steps that set counsel apart and establish counsel as a go to firm.
Workers Compensation Claims and Litigation Management in the Age of Technology - CE/CLE PROVIDED 10:40 AM -11:40 AM
Technology is an aspect of everyday life both at work and at home. From Fitbits and smart watches, to hydraulic prosthetics and stimulators, employees and employers are using technology in unprecedented ways. This session will focus on both an overview of legal and medical breakthroughs, challenges, and strategic management of technological utilization in workers compensation claims. We will focus on how technology can be used to monitor employee performance and safety, enhance post-injury care, and create additional opportunities for employees to return to work. It will also examine various issues and barriers, such as privacy, from both the employer and the injured worker point of view that must be considered when using technological advances in the workers compensation claims management process.
Medicare Compliance in 2020 — How to Mitigate Costs on Medicare Claims and Avoid Civil Monetary Penalties - CE/CLE PROVIDED 10:40 AM -11:40 AM
San Antonio 1.
This session will examine best practices and a comprehensive approach in approaching Medicare Secondary Payer (MSP) compliance in 2020. Notice of Proposed Rulemakings for Civil Monetary Penalties (CMPs) of up to $1,000 per day/per claim for noncompliance with Medicare Reporting, as well as Liability Medicare Set-Asides (LMSAs) are on the CMS horizon for 2020. It is critical that beneficiaries, plaintiff’s counsel, and the primary plan be on the same page about compliant Section 111 reporting to avoid CMPs as well as the decision of whether to include an LMSA in the settlement early on in the process so as to not stall settlements.
Further, Medicare Advantage Plans/Part D plans are at the forefront of private cause of action double damages litigation, even more so than traditional Medicare. Lastly, evidence based non-submitted Medicare Set-Asides (MSAs) are gaining in popularity, providing lower cost, more clinically effective allocations for Medicare beneficiaries when settling workers’ compensation claims. The panel will explore the pros/cons of various approaches to Medicare compliance, while also offering alternatives to traditional approaches to save money on Medicare claims.
Multiple Failures — The Difference between Science and Magic - CE/CLE PROVIDED 10:40 AM -11:40 AM
Multiple failures are quite common within the practice of failure analysis, whether there are two simultaneous failure conditions culminating in catastrophic failure or a cascade of failures set forth by a primary failure. Understanding the causality of failures and the division of responsibility among multiple parties is important to the management of claims, litigation, and subrogation. Equally important is the determination of the characterization of an alleged set of failures as negligent, accidental, and/or fraudulent.
This roundtable discussion will focus on alleged multiple failures and how they may fall into one of three general categories — the possible, the plausible, and “magic.” Focus will be placed on the allegations and hypotheses that defy science and engineering with the proposition of a mystery condition or highly improbably causation, which conveniently leaves no trace within the body of supportive evidence. The roundtable will discuss how to deal with an unqualified opposing expert or a peddler of junk science and how they often build their arguments on the layman’s intuition, which sounds correct, but to the trained professional is a house of cards.
Subrogation Is Like Picking a Puppy — The Best Claims Don’t Always Jump on You and Lick Your Face - CE/CLE PROVIDED 10:40 AM -11:40 AM
Subrogation potential is not always the eager puppy of the litter who runs to you and jumps into your arms, covering you with an excess of salivary interest. Sometimes the best subrogation claims are like the runt who hangs back, feigning indifference and sniffing a flower as competing files clamor for your attention. In this session, the panelists will discuss hard to identify subrogation claims that are often ignored until too late. Examples include contribution actions against other insurers, equitable subrogation, and claims against independent agents or certification professionals whose actions create a coverage obligation which would not otherwise exist.
The Generation Gap — Ethical and Harassment Issues that Can Potentially Arise in the Workplace - CE/CLE PROVIDED 10:40 AM -11:40 AM
Changing cultural attitudes have dramatically influenced the governance of business management and practices. Past generations generally accepted the ways in which business operated. However, in recent years employment operations and procedures have come under constant scrutiny. Part of this scrutiny has been an outgrowth of the Millennial generation entering the workplace and rising into management positions. Different attitudes in perceived ethical behavior of the past generations and the millennial generation have reached a point where the workplace culture is under microscope as to what is now considered ethical and proper behavior.
Whether your business is a law firm, insurance company, or a fortune 500 company, the way these generations interact with each other in the workplace will determine whether or not the business can be successful or whether it faces a minefield of potential claims and litigation. Our panel dissects the ethical considerations in a rapidly developing workplace culture and the potential harassment claims/litigation being faced in a variety of states.
TIMBER! Again?! Wood-frame Construction Claims and How They Come Crashing Down - CE/CLE PROVIDED 10:40 AM -11:40 AM
Wood-frame construction is on the rise across the nation. There are more than 44 tall wood buildings being constructed or under construction in the last six years. With this boom comes a variety of claims ranging from construction defect to workers’ compensation to subcontractor default. In this session, we will explore the common elements that drive most wood-frame construction claims. The panel will lead conversations recent trends in wood-frame construction.
Wood building is increasing in prevalence and complexity, both in commercial and residential markets. Construction codes allowing for increased stick-build height conflict with fire department apparatus. What roles do the properties of wood and prefabricated assemblies play? Are we safe in these taller wood structures? What types of wood-related failures can we expect — fire, defect, seismic? The session 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.
Caught on Video — Strategies for Defending the Public Employee When There is Recording Wrongdoing - CE/CLE PROVIDED 10:40 AM -11:40 AM
Defending public employees doing bad things is hard enough. But, what if the bad things are caught on video for the public and jury to see? This session will focus on the good, bad, and ugly when footage shows the employee(s) acting in a manner unbecoming to their employer. With dash cam, body cam, and surveillance video, video evidence is more prevelant than ever. This session will discuss use real-life examples and strategies used to defend these types of claims.
How to Calculate Damages and Defend in Serious Injury Cases - CE/CLE PROVIDED 10:40 AM -11:40 AM
This roundtable discussion focuses on how to calculate damages in serious injury claims and how companies can defend themselves against such cases. The discussion will cover calculation of both economic and non-economic damages, as well as discussing trends and recent verdicts for punitive damages and assessing the various types of third-party liability.
Make Life Easier for Your Clients with More Effective Case Evaluations, Budgets, and Communication - CE/CLE PROVIDED 10:40 AM -11:40 AM
This session will discuss what outside counsel can do to make life easier for claims resolution professional, with focus on timely reporting and communications, realistic litigation budgets (with an emphasis on why it's important and how it affects broader business interests within the insurance company/corporate structure), and early/accurate case evaluations.
Wrap and Roll — How to Make Sure Your Wrap Doesn’t Get You Tied Up - CE/CLE PROVIDED 10:40 AM -11:40 AM
Ft. Worth 1.
In recent years, wrap-up policies, whether in the form of an owner-controlled insurance program (OCIP) or contractor-controlled insurance program (CCIP) have become a popular insurance product used by the construction industry to allow project owners the ability to control insurance costs and maximize liability risk coverage. Yet, with all of the benefits wrap-up policies are designed to afford, if not carefully tailored to meet the specific owner’s and project’s needs, potential pitfalls such as coverage gaps, inadequate limits, unanticipated exclusions, and additional insured/contractual indemnification issues are likely to arise. This panel will guide attendees to identify potential issues that may be encountered if wrap policies are inadequately negotiated, and examine strategies that can be employed to address and/or avoid these pitfalls if they arise.
Pay Parity and the Revival of the EEOC Pay Data Survey — Mystery, Mistakes, and Money - CE/CLE PROVIDED 10:40 AM -11:40 AM
Women earn on average 80 cents on the dollar in the United States and women of color fare earn even less. With litigation on the rise however, pay transparency continues to stymie the plaintiff's bar. While the EEOC set a 2017 deadline to expand the scope of pay data required by employers with 100 or more employers, the Office of Management and Budget stayed the requirement. However, in March 2019 a Federal Judge lifted the stay and all employers with the requisite number of employees were required to report on over 3,300 categories data, an increase of over 20 times. The data alone however, is just the start. This session will examine the federal and state law trends affecting the pay parity landscape, breakdown the impact of the new pay data collection, expose some of the statistical conundrums that will complicate interpretation of the data and look into the future of pay parity and what’s on the horizon at both the state and federal levels.
Taking Risks — Is Assumption of Risk a Winning Defense for Your Case? - CE/CLE PROVIDED 10:40 AM -11:40 AM
The doctrine of Assumption of Risk is a well-known defense that is plead and asserted in a variety of settings, whether it is express or implied. But when is it a viable defense that may result in summary judgement in favor of your insured/client? This panel will discuss when this defense can be effectively utilized in a variety of cases from product liability, sports, entertainment, and the average personal injury case. The discussion will focus on express releases, what type of releases may be enforceable in what type of activity and who it may cover and the laws across the nation on enforceability of liability waivers. The panel will also address implied assumption of risk as a defense as to when is this viable in terms of the particular case facts and who you insure/represent, be it product manufacturer, a sports facility, a co participant or an instructor/coach. They will also discuss the impact of recreational activity statutes and how that can affect the defense or strengthen the defense depending on the statute and jurisdiction.
Settlement Vendors...What Are They Good For? - CE/CLE PROVIDED 10:40 AM -11:40 AM
Find balance in your work by utilizing your vendor support! Learn how to develop great personal relationships with your settlement consultants and supporting partners. These vendors bring a suite of products and services that can take work off your plate -- not add to it. Having a good relationship with your teams can bring not only experience, but a better outcome every time.
Social Events 12:15 PM -4:30 PM
Buses depart Tour Bus Lobby.
AT&T Stadium Tour & Lunch 1:00 PM -4:40 PM
Bus departs Tour Bus Lobby.
Cap off your time in Dallas on this exclusive VIP Tour of the AT&T Stadium. Tour stops include luxury suites, radio and media press room, party plaza, Cotton Bowl Offices, Cowboys Locker Room, Cheerleader Locker Room, post-game interview room, and field access. Each attendee will receive a 5x7 commemorative photo. Attendees will also enjoy lunch at Cowboys Hall of Famer, Troy Aikman's restaurant Troy’s.
Presidential Tour & Lunch 1:00 PM -5:45 PM
Bus departs Tour Bus Lobby.
Explore the rich presidential history of Dallas with this afternoon tour that includes:
--Audio-guided tour of the The Sixth Floor Museum, located within the former Texas School Book Depository building. This musuem chronicles the life, death, and legacy of President John F. Kennedy.
--Self-guided tour of the George W. Bush Presidential Library and Museum, located on the campus of Southern Methodist University. The museum features a full-size replica of the White House Oval Office and the original White House Situation Room.
--Lunch at Babb Bros BBQ & Blues, the best BBQ and blues in Dallas.
No Learning Objectives Available