A non-profit charitable corporation (IRS Code 501 (c)(3) established in 1991) manages and operates the Fisher Houses for the Air Force. Volunteer opportunities include meal preparation for families, gardening, wish list donations, and special projects.
Back to topA non-profit dedicated to tranforming the lives of homeless men, women and children by addressing the root causes of homelessness through education, job training and behavioral health services. Their mission is to transform and save lives. Volunteer opportunities include meal preparation, maintenance of facility, organization of supplies etc.
Back to topThe mission of the San Antonio Food Bank is to fight hunger in Southwest Texas through food distribution, programs, education and advocacy. Volunteers will organize donations, package provisions and aid with the daily maintenance of the San Antonio Food Bank.
Back to topAll are welcome to assist this significant industry initiative by participating in this dynamic discussion! One need not be “diverse” to understand that today’s business environment is changing. An inclusive culture adds strength, offers breadth of perspective, increases job satisfaction for team members and positions the Company in a more competitive posture. Simply put, inclusion is not only the “right” thing to do, it is crucial to success.
Back to topYoung professionals are those that are 25-40 years of age.
Back to topThis is designed as a networking forum for women in the industry to discuss how to strategize their growth, play to their strengths and learn from the women leaders.
Back to topThe announcement of the winners of the 2013 Litigation Management Professionals of the Year Award followed by Keynote Speaker George Neale, Executive Vice President and Chief Claims
Back to topThe Welcome Dinner and CLM Rodeo are included in the registration fee.
Back to topDorothy Capers, National Express Corporation
Michael Daly, IAT Insurance Group
Krista Glenn, Westfield Specialty
Max Koonce, Sedgwick
John McGann, AXA XL
Preston McGowan, Private Client Select
This innovative session of senior executives will showcase recent industry developments to achieve the most effective results. In this era of informatics, technological advances and demands to do more with less, staying current with industry trends is critical. Come listen to this dynamic panel address what has worked, what hasn’t, and the reasons why. Learn what is on the horizon for the claims and litigation management professions.
Back to topLarry Beemer, Tokio Marine HCC
Steven J. Brams, New York University
John McGann, AXA XL
James Ring, Fair Outcomes, Inc.
Adam Springel, Springel & Fink
This presentation will highlight the basic inefficiencies associated with the legal system and claims handling process. Most practitioners agree that claims and lawsuits do not resolve as early as they should due to a variety of obstacles. Highlighting the interplay between economic studies of the legal field and practice, the presentation explores the use of innovative procedures to more timely resolve claims in the real world. The panel members will include Professor Steven J. Brams of NYU, a prominent game theorist who has given substantial attention to the dynamics of legal bargaining and to the manner in which those dynamics may be altered and improved through the use of simple procedures that can be embodied online; Adam Springel, a practicing Nevada attorney who recently authored the Litigation Management article, Technology Timesaver: Using Technology to Resolve Cases"; and John McGann, whose extensive experience within the insurance industry allows him to offer insights into these sorts of procedures from the perspective of both Claims and outside counsel.
Back to topThe latest ISO amendments to CGL additional insured endorsements now dominate the market, posing a troubling disconnect between common indemnity agreements and the coverage available to support them. All parties to contractual risk transfer thus face unanticipated and potentially uninsured exposures. Inter-insurer battles over which coverage applies under familiar risk transfer arrangements complicate and can add litigation expense to even simple BI and PD claims. This session offers both the policyholder and insurer perspectives, using case studies and contract clauses, and through these will: (1) describe the amended endorsements and their predecessor iterations; (2) provide examples of their consequences on indemnity commitments in various industry settings and applications; (3) identify associated traps for the unwary claims personnel and counsel; (4) propose a punch list for claims analysts to determine whether coverage is coextensive with contractual commitments; and (5) offer suggestions for navigating the effects of the new endorsements based on recent court decisions nationwide.
Back to topPamela Carter, Quintairos, Prieto, Wood & Boyer, P.A.
Helen Gillcrist, Liberty Mutual
Angela Henderson, ESIS
Fred Keeton, Caesars Entertainment
Panelists provide ideas on importance of diversity to business and discuss successful strategies companies have utilized to further inclusion efforts in hiring and retention practices and partner management. Case studies to include: * Diversity in the Legal Profession: Journal Feature - Entergy Corporation * Spotlight on Diversity: Journal Feature - Altria Group, Inc. * Filling the Pipeline with Multicultural Talent
Back to topJohn Armstrong, Horwitz, Cron & Armstrong, LLP
Brenda Radmacher, Akerman LLP
John Shelonko, Self Employed
New construction is often covered by an OCIP, CCIP, or "Wrap" Policy. Sometimes, these insurers become insolvent, forcing the parties to look to their indemnity agreements and additional insured endorsements, and agreements to purchase insurance to allocate construction risks. This program would identify current indemnity and AI issues that are often litigated in resolving construction claims between potentially responsible parties who are liable for a loss.
Back to topSamantha DiSalvo, Berkley Specialty Underwriting Managers
Kevin O'Toole, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC
Tom Radcliffe, DeHay & Elliston, LLP
Gabriel S. Slominski, Crum & Forster
Anne E. Viner, Gallagher Bassett Services, Inc.
When it comes to environmental liability, the market is ever changing and with the increase of players in the environmental arena the exposures are coming in many different forms. Contrary to the old belief environmental exposures exist in virtually every facet of business whether that business is manufacturing, hospitality, agricultural, healthcare or construction (to name a few) and the lawsuits prove it as plaintiff bars look for new sources of recovery post tobacco. Today we are going to discuss some of those claims and overall risks for every industry - from some of the usual liability culprits (asbestos, underground storage tanks, buried debris, and clean fill) to some of the more emerging risks (like mold, Chinese drywall and vapor intrusion) among others. To succeed in today’s world, firms and their professional advisors need to be aware of the legal landscape and the past and evolving claims otherwise, as the saying goes those who cannot remember the past are condemned to repeat it. Join several professionals who are at the forefront of these claims whether defending them in court, adjusting them under the various policies, or using them to advise clients as to why insurance is necessary.
Back to topThis session will examine the cutting-edge topic of ethical use of social media by claims professionals and defense attorneys. In today's digital age when 65% of Americans have a social networking page, content from such sites is becoming increasingly important in claims investigations and litigation, a number of pitfalls await the claims professionals and lawyers who aren't using social media ethically. Ethics opinions and lawsuits from around the country will be discussed, as our panelists help attendees lear more about this growing area and how to avoid disciplinary actions and lawsuits for "false friending," spoliation of evidence, and other missteps with social media. In addition, with recent changes to the ABA Model Rules,a lawyer's duty to provide competent representation now includes the duty to stay abreast of technological changes, such as social media. A number of courts nationwide are also imposing higher expectations of "digital competence" on lawyers, making it more important than ever for defense counsel to stay up on the "do's and don'ts" of using sites like Facebook and Twitter for their cases. This session will help claims professionals and counsel use social media responsibly in the defense of their cases.
Back to topGinamarie Alvino, RiverStone Resources LLC
Edward Carlton, Quilling, Selander, Lownds, Winslett, & Moser, P.C.
Ted Colquett, Colquett Law, LLC
Sean Reidy, State Farm
When claim and litigation management professionals are confronted with “BIG” litigation – class actions, toxic torts, institutional bad faith – they are confronted not only with the case challenge on the merits but also the cost-effective management of that challenge. This interactive roundtable delves into the application of lean management principles to the big case with a dynamic, audience-centered case study. We will discuss value from the perspective of the client, in terms of a specific legal product, with specific capabilities, offered at a defined and agreed price and time; how to accomplish tasks and eliminate waste; and ensuring that steps in the litigation process flow so that there is no waste or down-time in accomplishing litigation tasks and providing services. The goal is to design and provide a service the client wants – when the client wants it – and to pursue excellence every step of the way.
Back to topSean P. Mount, Deutsch Kerrigan, LLP
Bradley Sharp, McLarens
Charles Andrew Tharp, Wyland & Tadros, LLP
This roundtable will focus on an analysis of what should and should not be produced/disclosed in first party property claims. The panel will discuss work product issues, privilege issues and how to handle waivers of the privileges. Areas for discussion will focus on approaches and strategies for handling discovery responses, subpoenas and materials requeted for production at depositions. The panel will provide an outline of the material to be discussed along with a case law survey for all attendees to the roundtable.
Back to topYour client/insured receives notice of a claim or suit papers concerning an occurrence involving a vendor, supplier or other entity in contract with your client/insured, or there exists a contract that may indemnify your or may require your client/insured to indemnify another. This Roundtable will address the common and more nuanced issues of tender and acceptance of claims under contractual indemnity, defense and insurance provisions. Discussions will focus on what must be done to preserve the indemnified party’s rights as well as how to respond to questionable claims for indemnity and assertions of coverage for an “additional insured.”
Back to topLarry Arnold, Cummins & White
Daniel Jaeger, Chubb
Robert Lee, CNA Insurance
Gene A. Weisberg, GladstoneWeisberg ALC
Frank Zeigon, M&Z Insurance Claims Consulting, Inc.
Insurance fraud is a serious and costly crime that affects both individuals and businesses across the country. Faced with growing losses, insurance companies are focusing on fraud management and implementing controls to mitigate risk, while at the same time maintaining their duty of good faith to policyholders. In the past, there was no clear answer to whether an insurer that makes good faith payments on legitimate elements of an insurance claim and subsequently uncovers fraud in other elements of the claim can recover all monies paid as part of the claim or only the amount paid in reliance on the insured’s misrepresentations. The panel will present case studies designed to encourage dialogue regarding recent decisions which may impact the way insurance companies handle genuine claims that are subsequently tainted by fraud, encouraging them to be proactive in recouping good faith payments.
Back to topDenise Anderson, Butler Weihmuller Katz Craig LLP
Susan Domanski, HHCP
Mary Haefer, Mintzer Sarowitz Zeris Ledva & Meyers, LLP
Theresa Touchton, Pella Corporation
Companies decide to replace counsel, consultants and other vendors for a variety of reasons. The impetus for losing clients is often within the control of the team. Through examples and anecdotes, this presentation will focus on explaining the most common and significant reasons you can be fired. The presenters will also discuss how attorneys and consultants can better manage situations so that client relationships do not sour from the perspectives of corporate counsel, outside counsel and a consultant. The presentation will provide helpful tips for maintaining good relationships as well as how to avoid the most common mistakes in these multi –layered relationships.
Back to topRachel Ehrlich, Judicate-West
Kirk Lauby, Fernandez & Lauby LLP
David Stern, West Coast Casualty Service, Inc.
Robert Wonnell, Self Employed
The Complex Case Management Order has been utilized for decades with the purpose of providing specialized management to avoid placing unnecessary burdens on the Court or the litigants. The objective of the CMO is to provide the litigants with an organized group approach to inclusion of necessary parties, management of disputes, discovery of claims, identification of insurance coverage, expert analysis, and hopefully closure of the case through mediation, or, in the alternative, preparation for trial. Today’s construction defect case encounters obstacles to resolution that did not exist at the beginning of the last decade. Contracting businesses (including large merchant builders) and some insurance carriers have closed their doors, been discharged in bankruptcy with unpaid SIR’s, or simply don’t have the money to satisfy SIR’s to trigger available insurance. The CMO process is still a commonly used tool for management of the complex case, but it has not been significantly modified to provide for the changed landscape of construction litigation. The premise of this program is to engage the panel and attendee participants in an evaluation of the CMO process to identify opportunities to streamline or refocus the use of a CMO to accomplish the stated objective of providing specialized management and reduction of burden to the Court and litigants, while at the same time dramatically improving the exchange of evidence necessary to evaluate claims and dramatically reducing both the built in costs associated with the current CMO approach, and the period of time that the case or claim remains open, reduction in spend for attorney’s fees and experts, leading to improvement of case metrics.
Back to topKelly Armstrong, Canal Insurance Company
Marla Bigeleisen, Nationwide Insurance Company
Frank J. Brier, Myers, Brier & Kelly
Matthew P. Keris, Marshall Dennehey
The former employee of a defendant can be a "wildcard" witness in any type of case, whether it be medical malpractice, trucking accident or an employment matter. If former workers do not have favorable opinions of their prior employer, they may be apt to provide less-than-helpful information to an adversary. Further complicating matters is that former servants may be permitted to communicate with opposing counsel outside the presence of defense counsel in certain circumstances. For these reasons, it is critical for corporate defendants to ensure that when employees depart, they leave their "trash at the door" and not in the laps of plaintiffs' counsel. This session is essential for all corporate parties to attend so they can insulate themselves from damaging evidence from spurned witnesses. Discussions as to best practices and attorney/client privilege will be featured along with an overview of common discovery issues in this scenario. By participating in this session, attendees will be better prepared in coordinating a confidential employee exit process with counsel's objections in any subsequent litigation that involves former staff.
Back to topRichard Eniclerico, Self Employed
Bill Garcia, Del Norte Consulting Services LLC
Deborah Saunders, Comcast NBCUniversal
Stephen Smith, Yoka & Smith LLP
Angela Taylor, Cipriani & Werner, PC
Every CLM member knows that, even under the best of circumstances, successfully identifying, managing and successfully delivering legal services is a challenge to even the most sophisticated business. Couple that with the immediate, and potentially, long-lasting effects of unforeseen natural catastrophes or severe economic and market pressures, and what was once a difficult task can now become a fight for sheer survival. During this informative round-table session, current insurance industry and legal professionals will discuss the challenges they face in light of recent economic and catastrophic events; how those events have impacted their ability to manage their businesses and the lessons they have learned to mitigate future events and better insulate themselves, their legal partners and clients to successfully see themselves through the next storm on the horizon.
Back to topDomenic Di Noto, Busch & Caspino
Ronald A. Mazariegos, Ambridge
Jessica Smythe, ISO Claims Partners
Tina Zink Pernie, North American Risk Services NARS
Have you ever had a great settlement go off the rails because of Medicare issues, such as the necessity for procurement of an MSA and/or unreimbursed Medicare payments? Have you seen deals being taken off the table because the parties cannot come to an agreement on satisfaction of Medicare’s interests? What are the best ways to avoid these pitfalls and to achieve cost-effective, efficient settlements that protect your clients, or your company, from the federal government? This panel will discuss these issues in the context of a recent settlement initiative. Representatives from a carrier, defense firm and Medicare compliance corporation will discuss how over 50 open claims were settled in the space of a week across the state of New York in a series of live and telephonic settlement conferences attended by claimants and their attorneys. Many of these claims were challenging by virtue of their age and potential exposure and were further complicated with Medicare issues. The parties will detail how they were able to reach full, and final, Medicare compliant settlements, on these open claims. Techniques will also be discussed around the proper use of indemnification agreements, the timing of preparation and submission of the MSA, and Medicare’s new timelines for processing and settling conditional payments and the impact on settlement.
Back to topSonia M. Valdes, Medmarc Ins. Group
David Wise, Cyberonics, Inc.
Karen Woodward, Sedgwick, LLP
Nothing says "sue me" like a product recall. Recalls can be the greatest challenge a company faces. They hurt the brand and bottom line, bring heightened regulatory attention, and target the company for litigation. This panel discusses how to prepare for and survive a product recall, from in-house crisis management and regulatory agency interaction, to insurance considerations, to mounting an early pre-litigation defense
Back to topMichael Browdy, NYU Hospitals Center
Michele Newman, Hamlin & Burton Liability Management, Inc.
Kenneth Puig, McCumber, Daniels, Buntz, Hartig, Puig & Ross, P.A.
Lawrence W. Rosenblatt, Aaronson Rappaport Feinstein & Deutsch, LLP
This roundtable discussion will focus on strategies, facilitated through case studies and personal experiences, employed by hospital risk management, claims and defense counsel in the handling of high exposure medical malpractice lawsuits in a large metropolitan city. Some of the topics to be covered will include determining, at the commencement of the litigation, and who will control the litigation. Should it be in-house claims council counsel or outside claims counsel? Indentifying your adversary and assigning the right defense counsel. Early recognition of problematic cases for fast tracking of internal investigation to determine if the case is defensible or if there is a need to engage in early settlement discussions. What the benefits and draws back may be of early settlement discussions. We will also focus on various strategies used to help flush out the plaintiff’s case such as using Daubert/Frye, summary judgment and other preclusive motions as well as mediation. Lastly, we will discuss if and when to start settlement discussion which will include who should handle those discussions, when to start, and if there is “truly” a no pay position and go to trial.
Back to topCarla Maresca, Deasey Mahoney & Valentini, Ltd.
Stefani Schwartz, Self Employed
Christopher Welgos, LG Electronics USA, Inc.
40 years ago . . you wrote a letter; 20 years ago . . . you picked up the telephone; 10 years ago . . . you sent an email; TODAY. . Americans go to the Internet and take advantage of the remarkable power of social networking. Many people now rely on social media for day to day communications. Companies large and small have established a presence on social media websites. People for business or for personal use exchange ideas, information and documents using social media. Social networking sites such as Facebook, LinkedIn, and Twitter have infiltrated modern culture and impacted the workplace. Social networking is a powerful tool that, when used responsibly, can promote marketing, networking and the exchange of ideas. However, social networking can also create public relations problems and legal liability. This panel presentation will focus on the benefits and risks that social media activity creates for employers and employees with hiring, firing and discipline decisions. This panel will focus on effective corporate policies, with relevant jurisdictional case law on how far an employer can go to manage an employee’s online behavior.
Back to topPaul Berne, Lancer Insurance Company
Donna L. Burden, Burden, Hafner & Hansen, LLC
William Burns, Landstar System, Inc.
Lewis Harper, Arch Insurance Group Inc.
Chad Staller, The Center For Forensic Economic Studies
Matthew Stone, Stone Kalfus LLP
In the past five years, juries across the U.S. have returned verdicts of $2-65 million against trucking companies nearly 100 times. This panel will examine discernible trends from those verdicts, will delve into the specifics of some of the biggest verdicts, and will lead an interactive discussion about the information, factors, and strategy used in (and the accuracy of) pre-trial evaluations and decisions about which cases to settle and which cases to try.
Back to topAndy Condrey, The Gray Insurance Company
Kimberly George, Sedgwick
William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.
Mark Popolizio, ISO Claims Partners
Donna Urbanski, Casualty Claim and Mitigation Professionals, LLC
Pamela R. Webster, Advance Auto Parts
The world of workers' compensation is increasingly complicated and dangerous, with unique issues not even on the radar a few years ago. Civil Rico is just one of the many tools being used to attack the exclusivity doctrine and expand liability well beyond the scope of the intended underwriting. Social Security fraud during the employment process leaves carriers subject to liability coupled with the thankless task of unraveling who should be compensated, together with the risk of an incorrect choice. Immigration issues result in unintended liability which defies logic and common sense but is non-the-less real. This session will promote a conversation on these issues, and on practical concerns such as staffing and training in a time where seasoned adjusters are retiring, together with narcotics and addiction issues, the cost of medical management, niche markets and consolidation of TPAs and carriers.
Back to topThe tour begins in the shops of La Villita. Located in a rustic, limestone plaza, these historically significant buildings will be brought to life as the tour guide explains their rich history and allows guests time to shop. Next guests will have the opportunity to experience the river on a privately chartered River Cruiser. The barge captain will provide historic and entertaining commentary as you pass through pages of San Antonio History. Guests will disembark at the Paseo del Alamo and the tour will wrap up in the lobby of the historic Menger Hotel.
Back to topAnthony Cornetto, Self Employed
Tom Fee, Fee, Smith, & Sharp, LLP
Daryl Wigington, Ben E. Keith Company
Hear how accident reconstruction models can be invaluable in instructing the jury about the mechanics of accidents. The panel will discuss the steps needed to collect accurate, real world data and how to transfer that data into the final product, which includes 3d models, animations, drawings, and simulations. Common accident reconstruction and modeling myths will be addressed using case studies from the legal, claims, and risk management industries.
Back to topVictor Hertz, Legal Language Services
David Merrill, CoventBridge Group
Tienneke Petit, BNP Paribas
Peter Waldeck, Waldeck & Woodrow P.A.
From social media to language diversity modern litigation is faced with multiple challenges that demand creative solutions. This panel will discuss the increasing diversity and complexity of communication – both oral and written - with a focus on new laws that impact the use of social media, interactions with litigants who are not proficient in English and the collection and storage of data. It will be of interest to Fellows and lawyers working both here and abroad. Some of the questions addressed: How can social media be used to obtain information about claimants, opposing counsel, witnesses and/or experts? How can employers monitor communication among employees? What must be done to accommodate non-English speaking employees? What are the legal ramifications of doing business outside the United States where laws and languages may differ significantly? What are some of the new technologies emerging that will impact business and the law?
Back to topSusan Bryan, Markel Service, Incorporated
Kelly Donaldson, Lewis Brisbois Bisgaard & Smith, LLP
Brian Wehmeier, SEA, Ltd.
Hypothetical Project: A condominium project is 90% complete. The general contractor (“Contractor”) has posted a performance bond from a surety (“Surety”), and has general liability insurance provided by its carrier (“Insurer”). The project suffers moisture intrusion due to (i) damage to its roof caused by a hail storm; (ii) defective installation of the flashing, windows and wall system; and (iii) plumbing leaks of unknown origin (freeze? defective installation?). Contractor has cash flow problems. Contractor makes demand on liability carrier to make repairs. Owner makes demand on the Contractor and the Surety to make repairs. Owner hires expert to determine cause of moisture intrusion. Who pays for the repairs? This presentation would outline the insurance coverage, engineering investigation, and legal implication of complex performance bond from surety issues.
Back to topClimate change, cybersecurity, hydraulic fracturing, greenbuilding, and greenwashing all have been identified as emerging risks. An emerging risk is a risk that has not yet fully developed and is not yet conducive to measurement. Insurance policy terms and conditions, pricing, and reserves might not yet recognize or have adapted to the risk. What are the hottest emerging risks and which ones will end up more like Y2K? This roundtable will debate what areas need to be monitored and the potential implications on various lines of business such as commercial general liability (CGL), directors and officers (D&O), property, environmental liability, professional liability, and renewable energy-related policies.
Back to topChristina Dixon, The Dixon Law Firm
Robert McDade, CNA Insurance
Thomas Noles, National Adjustment Bureau
Michelle Prud'Homme, Jackson Kelly PLLC
Zealous advocacy, Professionalism, and Cost Containment are not conflicting objectives. Professionalism in dealing with claimants and counsel improves the bottom line. This panel will discuss tools for the claims professional and defense counsel to handle claims and litigation with the highest level of professionalism, leading to earlier reasonable resolutions and reducing costs associated with investigation and litigation. Working with unrepresented claimants: ethical obligations, getting the information you need to evaluate the case, establishing credibility for a better resolution; Obtaining pre-suit investigation from claimant’s counsel; Benefits of full disclosure; Effective, ethical negotiations; Litigation costs that can be avoided; Making informal discovery work for you; Using case management conferences with the court to stay focused; Cost effective compromises; Resolving scheduling and other petty disputes; Eliminating discovery motions in litigation; Effective ways to narrow legal issues reducing motions and time in trial; Eliminating motions in limine; How to communicate with jerks without becoming one.
Back to topJeffry Baker, Boulder Claims, LLC
Alicia Curran, Cozen O’Connor
Kevin Huff, Crawford & Company
John Ramirez, Bush & Ramirez, PLLC
In September 2008, Hurricane Ike struck the Texas Gulf Coast, causing over $29.5 billion in damages to those in its wake. Several thousand insurance claims were filed, many of which were disputed, triggering thousands of bad faith lawsuits asserting common allegations against insurance companies, third party claims administrators (“TPAs”), and individual adjusters. Not only does an insurer have to properly handle its claim with respect to its insureds, but it must properly handle and evaluate the claim with respect to its own Errors & Omissions Coverage. Errors & Omissions coverage for the Insurer and allegations of bad faith, by their nature, often involve degrees of grey regarding their application to an underlying case's defense and coverage. When an insurer goes to trial, it must re-evaluate its original coverage position and decide whether, when and how to provide notice to its E&O carrier or risk losing coverage should a runaway jury verdict ensue. This presentation is designed to discuss common themes in bad faith litigation, and specific actions insurance companies, TPAs, and individual adjusters can take to reduce their liability.
Back to topCarolyn Farino, The Related Companies
Barbara Laskaris-Lorigan, Golden State Claims Adjusters
Matthew Liedle, Liedle, Larson & Vail LLP
Derek Steffen, Berkley Alliance Managers
Wendy Testa, Wilson Elser
This fast moving session will promote vigorous discussion on numerous issues confronted by insurers, attorneys and clients in their efforts to minimize exposure and to make informed decisions about methods of managing and shifting risk in a global market. The panel will delve into contractual indemnification and insurance obligations assumed to one with additional insured status; key contractual language in indemnification and insurance clauses to optimize the rights of one seeking defense, indemnification and coverage as an additional insured; a broker's role and responsibilities related to its client's contractual indemnification and contractual insurance demands and/or obligations; the obligations of a party breaching contractual indemnification or insurance obligations; statutory and common law limitations on the right to be indemnified; the effect of Anti-Indemnity Statutes on managing risk; and, finally, the trend towards contractor controlled insurance policies---their advantages, disadvantages and limitations on managing claims through contractual indemnification.
Back to topDaniel Deschenes, Hinckley, Allen & Snyder LLP
Bryce Larrabee, RiverStone Resources LLC
Bill McDaniel, Willis Towers Watson
Have you ever litigated a case and wondered what the other side was doing? Have you ever gotten advice from counsel and questioned whether your adversary was getting the same advice? Have you ever received a ruling from the court and were told by counsel the importance (or lack thereof), yet pondered if your adversary was being told the same? Hear from those who have gone to battle on these issues and more will speak from the policyholder and insurer perspective on what is going on behind the scenes in a litigation from start to resolution. Further, they will talk about “lessons learned” from this experience and how they will apply going forward.
Back to topHeather Hughes, Self Employed
Brian Koegle, Poole & Shaffery, LLP
Robert A. Luskin, Chartwell Law Offices
Mary Sadousky, MetLife, Inc.
This session will focus on how some insurance fraud claims can also trigger HIPAA investigations, violations and fines. HIPAA affects healthcare providers, insurance companies and their outside counsel and the 2009 HITECH regulations increased the fines and penalties for both civil and criminal violations. The presentation will focus on how safeguarding your law firms and your clients can prevent fraudulent activities. Case studies involving healthcare fraud and subsequent HIPAA fines will be covered. Come learn the strategies to navigate the Physical, Technical and Administrative safeguards required by HIPAA.
Back to topFranklin Bass, AXA XL
Susan M. Clemson, Berkley Luxury Group
Neil Kornfeld, Furman Kornfeld & Brennan LLP
As you are aware, plaintiff’s attorneys are more commonly alleging RSD (Reflex Sympathetic Dystrophy) or CRPS (Complex Regional Pain Syndrome) and obtaining large settlements and verdicts. The panel will present cases and examples of large verdicts involving these types of claims. The panel discussion will involve: •What is RSD/CRPS? The panel will discuss RSD/CRPS terminology and how this injury has evolved. •How is it caused, diagnosed, and treated? The panel will discuss etiologies and the five major clinical manifestations. •Creative strategies to reduce damages. The panel will address when to conduct an independent medical exam and by whom and what to look for in the plaintiffs treatment records. •What do insurers look for when evaluating these types of claims? The panel will discuss settlement and verdict value as well as how to set reserves. •Managing RSD/CRPS claims. •National trends involving RSD/CRPS litigation discussion will involve: •What is RSD/CRPS, •How is it caused, diagnosed, and treated •Creative strategies to reduce damages, •What do insurers look for when evaluating these types of claims, •Managing RSD/CRPS claims, and •National trends involving RSD/CRPS litigation
Back to topRichard Arlington, Rich Arlington & Associates
Jo Lynn Clemens, CPCU, ARM, JJC Insurance Services, LLC
Brian Masterson, Coaction Specialty Management Company
From slip and falls to property damage, snowstorms create a variety of problems for property owners, municipalities, and snow removal contractors (as well as their insurers). Although snow and ice litigation follows the same basic analytical framework as ordinary negligence -- duty, breach of duty, causation, and damages, this area of law often involves unique issues. With a mix of attorneys, insurance professionals, and snow/ice professionals, this panel will examine snow and ice litigation from the perspective of the three common types of defendants in snow and ice litigation - property owners, municipalities, and snow removal contractors. This panel will address the unique issues surrounding snow and ice litigation, with a focus on the so called “Storm in Progress,” or “Ongoing Storm” doctrines currently followed by a majority of jurisdictions. Although these legal doctrines generally permit a landowner a “reasonable” amount of time after the cessation of a storm to remedy the situation, certain special circumstances exist which could defeat these doctrines. With a representative panel of industry professionals, the presentation will provide attendees with practical and specific defense strategies as well as demonstrating common pitfalls for defendants to avoid in snow and ice litigation.
Back to topBrian Fleming, Triton Claims Management, LLC
Kevin Foley, Reminger Co., LPA
Alonzo Johnson, City of North Las Vegas
Heather Maher, Swift Transportation Company
Many companies hire attorneys, not firms. What happens when you receive a new case and would like to assign it to another attorney in your law firm? If your law firm has multiple offices, you may receive a complaint venued in a different city that a different office within your firm can handle more economically due to location. The file may be better suited for an associate. Sometimes the case will require multiple attorneys. This session will cover what clients review and analyze when authorizing additional attorneys to work on their files, including assigning files to other attorneys and having multiple attorneys work on a single file.
Back to topHans Bengard, Onit, Inc.
Kenneth Carter, Merchants Insurance Group
Steven Eichler, Margolis Edelstein
Steven Eichler, Margolis Edelstein
This is not your father's litigation management! Long gone are the days of shelf files and paper records. Paperless is no longer state of the art. Learn how cutting edge, web-based management tools permit carriers, corporate counsel and private counsel to interface using tools that assist in effective management of claims, from one claim to thousands of claims and learn how client compliance expectations can be met and recorded for efficient record keeping.
Back to topDaniel Anders, Tower MSA Partners, LLC
Cliff Connor, Gallagher Bassett Services, Inc.
Clayton Devin, Macdonald Devin Madden Kenefick & Harris PC
The Centers for Medicare and Medicaid Services (CMS) asserts the Medicare Secondary Payer Act extends not only to conditional payments for injury related medical care occurring pre-liability settlement, but also to future medical care occurring post-settlement. This assertion is leading CMS to consider formal regulations governing future medicals in liability settlements. In the interim, given the lack of guidance from CMS parties to settlements are left on their own to determine the best method to protect these interests. CMS’s interests in future medical care is in addition to its already active involvement in recovery of Medicare conditional payments and its requirement for reporting liability settlements involving Medicare beneficiaries to CMS. It is vitally important then for claims professionals and counsel to have a thorough and updated knowledge of Medicare Secondary Payer (MSP) compliance as it pertains to liability settlements. This roundtable session will address three areas of MSP compliance: • Considering Medicare’s Interest in Post-Settlement Medical • Medicare Conditional Payment Resolution: New Methods and Processes for Resolving • Implementation of Section 111 Mandatory Insurer Reporting and its Effects on Settlement.
Back to topKelly Clement, Stage Stores, Inc
Lisa Jurski, HCR ManorCare
Lesley Perry, Providence Risk
Will Pierson, Self Employed
This session, comprised of private industry representatives, senior claims professionals and a Best Lawyers in America recipient, will discuss non-subscriber law in Texas as it applies to Texas private employers who decide not to participate in the workers’ compensation program created by the Texas Workers’ Compensation Act. Panelist will also discuss what percentage of Texas private industries are non-subscribers, recent developments in the law and how they as either an adjuster, employer or legal counsel has handled a non-subscriber case. Further, each panelist will share their views on the positives and negatives of opting out of the workers’ compensation program and being a non-subscriber.
Back to topJerry Hamilton, Hamilton, Miller & Birthisel LLP
Rich Lenkov, Downey & Lenkov LLC
Richard Sumner, Ulta Beauty
Anthony Tutoni, Marsh
Everyone has horror stories about difficult premises liability claims in California, Illinois and New York. This all-star panel of retail liability professionals will provide useful, real world tips on how to take control of these challenging claims and prevail, even in these challenging jurisdictions.
Back to topBrian Boggess, SEA, Ltd.
Ann Carvalho, McLarens
Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC
Lauren D. Wilkins, Langlois, Wilkins, Furtado & Metcalf, P.C.
We all know that texting and distracted driving have become a nationwide epidemic. Texting while driving has caused thousands of needless accidents. In the past couple of years, many states have passed laws to outlaw texting while driving as well as the use of mobile devices without hands-free equipment. The purpose of this panel discussion will be to discuss how a driver's perception reaction time is affected by distracted driving. We will also explain the statistics on the issue. The panel will discuss some of the recent state legislation on the issues as well as the steps that companies are taking to ensure that their employees are not involved in these situations. Some companies are going so far as to incorporate sections in their employee manuals regarding this issue and we will discuss the potential effects of implementing this policy in the workplace. Lastly, we will discuss how this affects litigation.
Back to topCarolyn Eldracher, Tokio Marine America
Jarret Lewis, The Hartford
Ian Matyjewicz, Herbert L. Jamison & Co., L.L.C.
Karen Painter Randall, Unknown
As technology rapidly evolves, it has a tremendous impact on how we run a practice and practice law. The well-rounded panel, comprised of representatives from the insurance and legal world, will address emerging trends and issues facing lawyers today arising from cyber security and social media. An update of the current case law, ethical issues and trends and the impact on litigation will be explored.
Back to topMurielle Arn, Graebel Companies, Inc
Jim Foster, Cassiday Schade LLP
William Lambros, AXA XL
Joseph Pappalardo, Gallagher Sharp, LLP
This session is based upon the extensive experience of industry (an in-house claims coordinator with a Motor Carrier, and a Senior Vice President with a Transportation Insurer) and two outside counsel who regularly defend motorcoach and trucking claims and lawsuits. The presentation will address recent regulatory activity including an overview of CSA, Hours of Service, Electronic On Board Recorders (EOBRs) and distracted driving. The presenters, who include the co-chairs of CLM's Transportation Committee, will also address driver issues such as sleep apnea, driver retention and CSA's scoring of drivers. Finally the panelists will discuss best practices surrounding the interaction between the motor carrier and insurer as regards claim handling, document retention and operational issues as well as litigation management.
Back to topSteven Henning, Suite 200 Solutions
Michael Mattix, Federated Rural Electric Insurance Exchange
James M. Poerio, Poerio & Walter, Inc.
James M. Poerio, Poerio & Walter, Inc.
Effective use of data analysis and predictive analytics in claims is far more than identification of potentially fraudulent claims and subrogation opportunities. Combining data analytics and predictive modeling with in-depth analysis of claim adjuster behavior is a powerful but underused management tool. In workers compensation claims, 20% of claims represent 80% of total loss costs. Only a fraction of these claims represent catastrophic injuries -- most large reserve claims are chronic injuries or illnesses. The challenge is to identify these claims at the onset of the claims process. The ability to quickly and prospectively identify this adverse segment enables proactive claim management strategies that will drive more effective business results. The power of combining data analysis, predictive analytics and claim handler behaviors will help you identify the costly 20% at the earliest possible time, enabling claims management to resource these claims properly. This Roundtable explores issues to consider when performing data analytics, creating predictive tools and measuring claim adjuster performance.
Back to topRachel Azriel, Cox Communications, Inc.
Laura Cornish, Madison Square Garden Entertainment Corp.
Kevin Fisher, Allied World Assurance Company, Ltd.
William Mitchell, Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP
This presentation is directed at the top methods and strategies that corporate counsel, insurance carriers and third party administrators can use to manage defense counsel in a manner which allows the relationship to achieve the Holy Grail of litigation management: great results in an economic and efficient manner. The presentation will focus on hot button issues in retaining and evaluating panel counsel (including metrics that insurance companies and industry leaders use in evaluating counsel, how defense counsel can and should abide by these metrics, and aligning the interests of defense counsel and the client). The presentation also will explore why conventional “value offered” solutions by defense counsel often do not equate to lower legal costs. The presentation will highlight the top ways that corporate clients, insurance carriers and third party administrators relate in how defense counsel can and do shoot themselves in the foot at each stage of the client relationship, as well as creative strategies for controlling defense costs while still achieving excellent results. Thus, this presentation also is of excellent value to defense counsel.
Back to topThomas Anderson, CSX Corporation
Edgar Meza, Fred Loya Insurance
Kristina Satkunas, LexisNexis
Mark Vorder-Bruegge, Wyatt, Tarrant & Combs, LLP
We'll look at how you can align measurement needs with business strategy, and focus on metrics that relate to financial performance, customer satisfaction, process improvement, learning and growth. We'll also discuss how to identify the metrics and analyses that are relevant to the major stakeholders in your organization (VP Claims, General Counsel, CEO, Senior Partner). Move from theoretical advice to practical solutions as you go step-by-step through the causes of unpredicted expense, and then discuss tools, best practices, and technologies useful to achieving greater predictability. Develop actionable plans and strategies by listening to what your colleagues are doing to improve predictability of departmental expenses.
Back to topJanet R. Davis, Cozen O’Connor
Katherine Giddings, Akerman LLP
Patrick Hoey, Chubb
Mark Stephens, CNA Insurance
Insurance defense staff attorneys are now an integral part of litigation management, providing competent representation to insureds while assisting in reducing legal spend. This panel will interactively discuss information beneficial to all attorneys and claims and risk managers, providing insight on the distinctions between staff and panel counsel, how to manage conflicts arising both before and during the course of representation, file management, and protecting against inadvertent disclosure of attorney-client privileged information in the corporate setting.
Back to topDaniel Costello, Costello Ginex & Wideikis, P.C.
Steven Donnelly, Amerisure Mutual Insurance Company
Simon Keshishian, Red Bull
Lisa Manzer, Skyward Specialty Insurance
Do you ever wish your clients would just tell what they want? On the other hand clients often say why doesn’t the attorney just provide me with what I need? What can you do to satisfy your business partner in this current number crunching market? This panel will provide the perspective from both the client and the attorney on how to create a successful business partnership. The session will provide a roadmap for both the attorneys and the clients to develop a long lasting satisfying relationship. The group will examine what companies and risk managers need from their attorneys and what attorneys need from their clients? It will also provide real life solutions from Senior Level Management, and successful firms on how lawyers can create value for clients. This discussion will dissect the successful attorney /client relationships and illicit audience involvement to create a plan for risk managers, corporate legal, insurance professionals and attorneys in this current “bean counter” market. Attendees will gain insight from current and former company executives and those who are successful in cultivating these relationships
Back to topHarry Baumgartner, Plymouth Rock Assurance
Susan Bledsoe, iCare Consulting Services, LLC
Robert McDade, CNA Insurance
Robert McDade, CNA Insurance
Matthew Morrison, AFICS
Kimberly Shambley, Bank of America
R. Wade Vandiver, Vandiver Law & Mediation, PLLC
This panel, comprised of claims executives and in-house counsel and moderated by the former general counsel of an international claims management and loss adjusting company, will focus on the mechanics of the defense list process, the trends in that regard, the more significant reasons that result in the termination of relationships with defense counsel, what existing counsel must do to maintain and grow relationships, and what prospective counsel must do to secure work.
Back to topGary Baumann, Baumann, Gant & Keeley, P.A.
Marc Collins, Arch Insurance Group Inc.
Phyllis Modlin, Markel Service, Incorporated
Phyllis Modlin, Markel Service, Incorporated
Richard Righi, Righi Fitch Law Group
Jay Sever, Phelps Dunbar
Collaborative Litigation is a concept that is long overdue. With cost savings at a premium, industry leaders are searching for ways to curtail the cost of litigation. This panel will lead an interactive discussion that applies state of the industry ADR principles to common problems encountered by carriers, clients and counsel. The panel will take the audience through a temporal discussion of a multi-party construction defect case, interjecting novel approaches for dealing with coverage and litigation issues.
Back to topCharles Clark, Clark, May, Price, Lawley, Duncan & Paul LLC
Cathy Hester, National Association of Independent Insurance Adjusters
Benjamin Leonard, Self Employed
Tracy Leonard, Travelers
The phrase "alternative fee arrangement" ("AFA") has become commonplace within the legal world in an effort to save claims costs. As insurers encourage AFA's with their counsel, a few state bar associations have released ethical opinions which allow the use of AFA's, while at least one state bar has banned them altogether. Likewise, legal fee auditing has become prevalent in the industry. Yet, in the effort to cut mounting legal expenses and billing abuses are insurers and their counsel facing potential bad faith and/or malpractice actions by insureds who blame the AFA or fee auditing for an unfavorable result? Has there been a privilege waived that can be asserted by both counsel and insurer by having fees audited via a third party? Are insureds seeing savings in premium costs congruent with savings insurers realize from claim legal expenses? This topic would examine the use AFA's and legal fee auditing and discuss opinions issued by various states on their use. It will examine ethical concerns surrounding AFA's along with their benefits to all the parties to the claim. This topic will also examine whether AFA's and fee auditing have the potential for generating litigation, whether by direct or class action.
Back to topBassil Aish, Beach Physicians Medical Group
Tim Diveley, Self Employed
James Sarrail, Sarrail, Castillo & Hall, LLP
Until recently, claims and litigation of traumatic brain injuries were largely limited to head injuries occurring on the football field or from other sporting activities. Now, however, plaintiff’s counsel are alleging TBI’s as the result of the most minor of impacts. Because of the increased number of such allegations, claims handlers and defense counsel need to understand whether and when TBI has occurred as well as its extent and severity. It is important to be able to evaluate and address the neuropsychological aspects of such claims. In this roundtable session, we will discuss the validity of such claims from three perspectives: 1) the forces needed to produce a TBI in low impact incidents; 2) the evaluation of TBIs by claim managers/handlers; 3) the defense of such claims by defense counsel, including which experts are needed to assist in the preparation of the defense. Included among panel members will be Basil Aish, M.D., a consultant with ESPN on TBI injuries in football, who will discuss present the medical issues presented by TBI claims. To prepare for this session, please view the short video on TBIs at http://www.youtube.com/watch?v=bZBlI9MeNQ4
Back to topDebbie Champion, Rynearson Suess Schnurbusch & Champion
Paul Larimore, Wiedner & McAuliffe, Ltd.
Renee Ramirez, American Airlines
As a woman, do you find yourself wondering why male co-workers seem to dismiss your point of view? Men, do you wonder why women sometimes bristle at your suggestions? The problem might have less to do with the quality of your ideas than your style of communication. Your success as a communicator depends not only on what you are saying, but also on what your co-workers are hearing. As society moves toward greater equality we tend to avoid talking about gender differences, but men and women communicate differently. If you want to be understood in a diverse workplace, it pays to understand your audience. This seminar will examine gender differences that can cause men and women to hear to the same message, but reach different conclusions. Panelists and audience will discuss new research about communication barriers between genders, explore alternative communication methods, and discuss the types of conversations that commonly result in misunderstanding between men and women. Attendees will share experiences and leave with a better understanding of the gender traps into which each side can fall.
Back to topBlaine Edwards, Superior Energy Services, Inc.
Christopher Iliff, Swiss Re
Carl J. Pernicone, Wilson Elser
Philip Watters, Rimkus Consulting Group, Inc.
The presentation will focus on the emerging hydraulic fracturing issues since last year. Emphasis will be on the oil and gas industry's responses to legislative and litigation developments and how environmental consultants, insurance professionals and attorneys are adapting to fluctuating social/political, geographic, legal and financial considerations. The oil and gas industry quickly moves drilling from unfriendly or uneconomical locals to new oil and gas plays. Service companies accelerate developing environmentally clean fracturing additives which minimize, recycle or even eliminate water use during fracturing operations. Some state and federal agencies delay or avoid implementing regulatory guidelines in seemingly never ending studies to allay environmentalists' concerns while other states meet or exceed timelines for implementing regulations. Well-funded environmental activist groups and aligned law firms evolve creative concepts to forestall all drilling and fracturing activities.
Back to topThomas Hyde, Liberty Mutual
Shari Claire Lewis, Self Employed
Charles O'Connor, M.J.Foster Insurance Services, Inc
A digital world requires technological competence, especially in e-discovery and the duty to preserve and produce potential evidence. Model Rules, 1.1, 3.4 (a). Cooperation is necessary in identifying electronically stored information (ESI) and following the Sedona Principles. Model Rules, 1.3, 3.2, 3.4 (d). In a digital era, lawyers must protect the confidentiality of electronic information from disclosure. Model Rules, 1.6, 1.1. Lawyers and non-lawyers alike must receive supervision and training in the use of technology and the evolving law as to competence, cooperation and confidentiality. Model Rules, 5.1, 5.3, 1.6.
Back to topMary Bertram, Red Shield Insurance Company
Jeffrey Hill, Hill & Lamb LLP
Michael McMyne, Norwiledest, LLC
Timothy Waldeck, Self Employed
This topic is directed toward insurers, risk managers, and coverage counsel. The scope is to discuss on a national basis the fair and unfair claims practice statutes and procedures. The focus is on guidelines utilized by industry professionals in establishing a protocol of response to claims of unfair practice. The panel will analyze the issues developed both in first party and in third party claims and discuss various means to respond. It will include discussion of unfair claims practices, including lawsuits by claimants and restrictions of those in most states. Emphasis will be placed upon the timeliness of a response and the significance of having claims coordinated rather than separately handled by separate claims handlers. The importance of evaluating claims, communicating with claimants and monitoring claims will be explored as well as identifying states that require significant attention because of the onerous nature of their statutes. It is anticipated that this discussion will invite a great deal of participation about general procedures, responding to unfair claims practices, and the need to deal with 50 different statutory structures.
Back to topChristopher Carucci, Gallagher Bassett Services, Inc.
George Jackson, Bush & Ramirez, PLLC
William Stewart, AmTrust Group
Howard Wollitz, Charlston, Revich & Wollitz LLP
Harrison Yoss, Thompson, Coe, Cousins & Irons LLP
Generally, courts determine an insurer's duty to defend by reading the insurance policy along with the allegations of the underlying lawsuit. However, more and more, courts in different jurisdictions look to the actual facts or extrinsic evidence in order to make rulings on the duty to defend. As a result, attorneys who practice coverage litigation, in-house counsel facing coverage questions, and insurance carriers addressing coverage issues must adopt strategies to develop and utilize extrinsic evidence that may determine whether a duty to defend exists. The panel will examine the leading case law for jurisdictions that consider extrinsic evidence in determining the duty to defend, with a specific focus on the type of evidence courts find admissible and persuasive. In addition, the panel will discuss practical strategies you can utilize to acquire and present such evidence in declaratory judgment actions in order to equip you with the proper background and strategy to successfully navigate this emerging area of law.
Back to topBrian Bornstein, AIG
Timothy D. Crawley, Anderson Crawley & Burke, PLLC
Steven Donnelly, Amerisure Mutual Insurance Company
Catherine Muldoon, BDP International
Thomas Segalla, Goldberg Segalla LLP
Reservation of Rights letters from Insurer to Insured are a necessary component of the Tri-Partite Relationship in civil litigation, but they have spawned judicially - and now statutorily - mandated "CUMIS counsel" in many jurisdictions. How did that develop? Why is it seen as being necessary? How do Insurers deal with it? How does it vary from jurisdiction to jurisdiction? Where do we see that trend going in the future?
Back to topRobert DiFrancesco, Philadelphia District Attorney's Office
Cathy Gicker, Self Employed
Jonathan M. Kuller, Self Employed
Staged accident rings cost automobile insurers millions of dollar annually in property damage claims, medical expense payments, personal injury claims and UM/UIM claims. Often, an insurer may be a target of these rings for years before realizing that it is the victim of such organized activity. However, early recognition of such conduct affords far greater opportunities for proactive and preemptive action. This presentation will focus on the characteristics of staged accident rings, early recognition, effective responses and criminal prosecution. The program is geared towards high ranking claims and underwriting officers and SIU directors with a particular emphasis on education focused on early recognition of staged motor vehicle accident ring activity.
Back to topLabor Unions are under attack, rightly or wrongly, across the country. Some unions (i.e. construction) have made wage concessions to ensure being included in major projects. Do these concessions provide a basis to attack the often huge future wage loss projections, and if so, how should that be approached?
Back to topLance Albright, QBE Insurance
Frank Sabaitis, Sabaitis Lunsford & Moore
Ian Stewart, Wilson Elser
The sports and leisure market has seen an explosion of new risks over the last few years. Insurance carriers and their outside counsel are now being forced to respond to innovative claims and previously unforeseen liability. The landscape is being changed by new sports such as mixed martial arts, newly understood dangers from concussion, new products and performance enhancing drugs, increasing standards of care for youth sports, and the impact of social media. This panel of insurance professionals and attorneys has broad experience responding to these risks, including managing a national Sports & Recreation program. Please join us to discuss these issues and others, including effectiveness of waivers, assumption of risk, due process/league rules violation claims, unique risks involving students, spectator injuries/crowd control, and recreational/governmental immunity.
Back to topJoseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Terrence L. Graves, Sands Anderson PC
Peter Prinsen, The Graham Company
Companies facing a catastrophic injury claim can tip the scales in their favor. Three dimensional scanning techniques and information downloads allow reconstructionists to accurately recreate an accident down to its finest detail. This technology creates a three dimensional open world in which viewers are given free-reign to experience or witness the accident from any vantage point of their choosing. Companies no longer need to rely on witness perception and subjective data; rather, new technology has made objective data available to all. These new technological tools lead to earlier and more accurate risk assessments and enable companies to settle claims for less money. And, these techniques can be used on virtually any type of catastrophic injury case from vehicle collisions to construction site accidents. Using this type of technology can only benefit a company facing a catastrophic injury claim. Our panel consists of experienced attorneys and claims specialists that have developed and implemented post-accident procedures that utilize this technology. This panel specializes in identifying which cases should utilize post-accident response technologies to limit companies’ exposure without draining their bank account.
Back to topSusan Bledsoe, iCare Consulting Services, LLC
Tracey Davanport, Sedgwick
Jennifer Jordan, MEDVAL
During the past decade, parties to insurance settlements have become increasingly aware of Medicare’s involvement in their claims. However, awareness hasn’t led to better outcomes because most people don't understand why they are protecting Medicare's interests or how to do so. Reliance on outside vendors’ opinion of Medicare compliance often runs counter to an organization's philosophy and risk tolerance in the settlement process. MSAs are obtained and assumed to be necessary and correct, but this isn't always the case. This session will provide attendees with the tools necessary to manage the Medicare compliance issues throughout the claims process. Attendees will be told what red flags to look for prior to considering settlement, when to obtain an MSA, suggestions for perfecting medical records, how to read an MSA, different ways to negotiate settlements involving MSAs, the benefits and pitfalls of seeking CMS approval, and many other tips for resolving insurance claims in a cost effective manner. We will end with the review of a successful internal program implemented by one carrier, and the techniques used to ensure their claims staff follows the program when settling cases.
Back to topSandra Burgess, City of Memphis
Larry Bush, Intergovernmental Risk Management Agency
Michael DeLonay, AXIS Specialty US Services, Inc.
Mark Hanna, Mouledoux, Bland, Legrand & Brackett
William Oberts, Tribler Orpett & Meyer, P.C.
Amy Pechacek, Lake County Risk Management
This roundtable discussion will discuss the risk management view for representing municipal cities. The panelists will discuss different risk management viewpoints and how their role may differ from the other panelists. Some of the topics that will be discussed are: Managing claims with contractual indemnity, Implementation of policy and procedures, Request and review motor vehicle reports, Submit completed claim form to report accidents/claims, Provide adequate training to personnel, Review accurate historical data concerning losses and obtain loss ratio information, How does the risk manager obtain assistance from the top administration?
Back to topTeresa Beck, Klinedinst PC
Jill Dulich, California Self-Insurers’ Security Fund
Cindy Poortinga, Hiscox
Description: Moderator & AV Rated Litigator Teresa Beck will describe facts of cases resulting in several interesting and educational verdicts from 2012, and panelists as well as session attendees will guess at whether the facts resulted in a defense verdict, or a plaintiff verdict and if a plaintiff verdict, how much. The outcome will be revealed and panelists in the restaurant, retail, and hospitality field will discuss lessons to be learned from both positive and negative outcomes. Jury verdicts reached in 2012 will cover representative regions of the United States relating to the retail, restaurant and hospitality industries, including both ordinary and extraordinary fact patterns.
Back to topRichard J. Baker, Owen, Gleaton, Egan, Jones & Sweeney, LLP
Brian Benoit, Self Employed
Issy Bustamante, Self Employed
Leslie Lumpkins, Legal Support Solutions
Interactive case study discussion focused on the dynamic relationships between a self-insured company, its personal counsel, and its insurance company when faced with a major claim exceeding the SIR. Delve into the plethora of potential pitfalls for the players involved during the initial claim investigation phase. Discuss the different goals and hurdles for each of the players, the benefits/ disadvantages of employing certain strategies, and how the players might work together for their mutual benefit.
Back to topDennis Galvin, Argo Group US
Joseph Garin, Lipson Neilson P.C.
Regan Katz, Wortham Insurance and Risk Management
Dax Watson, Lipson Neilson P.C.
This session will focus on how the economic recession has opened the door for new and creative damages defenses in all lines of professional liability defense. This will include case studies and discussion that focus on the impact of this recession on causation arguments, but also an in-depth review how damages arguments in general are strengthened or weakened by the collapse. For example, how does the default on a loan in a real estate transaction impact a claim against a real estate professional or escrow professional in the standard disclosure case? How does a business failure due to economic forces impact a legal malpractice claim relating to the drafting of the partnership agreement for that business? How are suitability claims in securities related matters impacted by the recession and its fall-out? Has the Restatement and its "out of pocket" and "benefit of the bargain" damages been turned upside down? These are just a few of the areas that attendees will explore in this incredibly vast and ever-changing area of the law.
Back to topMelissa Dixon, Dixon Insurance Inc.
Scott Light, Transportation Insurance Advisors, LLC
J. Scott McMahon, Self Employed
Mark Reed, Reed Transport Services, Inc.
Transportation industry leaders will address the current and future status of the transportation brokerage industry from both claims and risk management standpoints. This interactive roundtable focuses on the disturbing trend of high level broker exposure to bodily injury and cargo claims pursued by an aggressive plaintiff’s bar. Many expect the advent of CSA 2012 provides another basis for vicarious broker exposure. The panel will address the legal and regulatory environments under which brokers operate, and discuss best practices in drafting agreements that fairly allocate risks and protections. Finally, we will provide a glimpse into plans for broker regulation and what that means to the transportation business.
Back to topJanay Ferguson, Self Employed
Bill Goldstein, Wells Fargo Insurance Services
Geoffrey Griffin, Norcross
Detta Hanson, Weyerhaeuser
Kris Kennet, Aon
Utilizing the analogy of energy leaking from a home that will be a familiar example to all constituencies, our panel with over 150 years of claims experience will identify the many areas of possible leakage (dollars lost) in Liability and Workers' Compensation claims. Leakage, or the inability to detect the evaporation of dollars, occurs on a daily basis in Risk Management programs and happens without fanfare or attention. It is silent, and without knowledge of these possible challenges, it most likely is happening in your program today. Our panel will provide specific examples of Leakage, and will give the audience members knowledge of the many areas (resources, process, vendor use etc.) where leakage occurs. Included in the examples will be quantitative analyses of Leakage that are tangible and provide a view in to the world of Leakage that few have seen. Finally and most importantly, the panel will provide the audience with specific remedies to address these areas and offer a range of ideas and suggestions, knowing all programs are different, to improve their results. The CLM Fellow or Member will walk away with a game plan to return to their office and tackle Leakage in their Claims programs.
Back to topThe Reception, Dinner and The Greatest Disco Band in the World! are included in the registration fee.
Back to topMarcus Banks, Wyndham Hotel Group
Joe Hanna, Goldberg Segalla LLP
LoriAnn Lowery-Biggers, Navigators, A Brand of The Hartford
Jane Tutoki, Sedgwick
In this session, our panel of top-level executives from both the insurance and corporate worlds will share their experiences and discuss what it takes to make a dynamic and lasting impact as a leader. We will explore the varied pathways our panelists took to reach the highest levels of leadership, along with topics such as effectively leading teams through the toughest and most controversial challenges, leveraging the inclusion of diverse individuals and viewpoints to benefit the entire organization, and successfully recruiting the leaders of tomorrow. Seasoned pros and new leaders alike will learn practical tips and best practices for attaining — and maintaining — their position as a key player and driver of the company’s culture and vision.
Back to topLinda August, Transguard Insurance Company of America
Roger Harris, Self Employed
Sue Nemchik, Southern Regional Medical Center
A successful defense requires not only potential Defendants preserve documentation, but that claimants and third parties do the same. This panel will address the expanding scope of evidence, tools to ensure its preservation effectively, and policies to implement these tools. Claimants, employees, and witnesses now document events constantly and share them world-wide. Simply by touching their phones they record and exchange information instantly through numerous interfaces. Businesses likewise utilize surveillance technologies and automated logs. This new flow of information documents evidence in a web of electronics across many locations. But what is easy to record is also easy to delete. Securing this evidence, and knowing when it is deleted, is now key to your defense. At the earliest opportunity, risk managers, claims agents, and counsel must trigger duties for claimants and third parties to preserve evidence. Effective questions and requests can ensure that you obtain the full range of relevant material pre-suit without instigating litigation. This panel will discuss procedures to secure evidence that are quick, thorough, and flexible. Ineffective or outdated policies can result in lost evidence or sanctions. It will recommend policies to secure pertinent evidence and address evidence deleted by claimants and third parties.
Back to topMary Anderson, IAT Insurance Group
Steve Elliott, Bernard, Cassisa, Elliott & Davis
Jeffrey Johnson, Johnson Law Group
Nick Lanza, Lanza Law Firm, P.C.
Jeffrey Schneider, Catholic Mutual Group
This discussion will focus on what an industry person or an attorney should know and understand as they begin to evaluate a litigated claim. While the ultimate goal is to resolve the case that needs resolution, the considerations, constraints, and conclusions for a self-insured can be quite different than a traditional insurance carrier. You will be involved in the discussion that will provide you with the perspective from each of the panel members.
Back to topBradley Drew, PACE
Margaret Erife, ESIS
Mark Trimble, Rohrbachers Cron Manahan Trimble & Zimmerman
First, we will discuss how different generations learn. There is ample information that we can draw from where Baby Boomers have effectively been taught through the lecture process. Further, Gen X's and Gen Y have typically been taught with hands on teaching. As such, there is a difference in how each communicates based upon how they were taught and how each use the telephone vs. e-mail and text messaging. Also, we will discuss how social media has impacted our society and how we communicate. We will then discuss how each generation interprets communication differently. We will discuss these differences and how to overcome them. We will then discuss the attorney's role in how to effectively communicate with the adjuster using this information. The final topic will be how the adjuster effectively communicates with the attorney.
Back to topChristina Carroll, Dentons
Domenick DiCicco, Sedgwick
Juan Fernandez, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC
Lindene Patton, Unknown
Thomas Scrivo, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC
Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, hurricanes, and the like, whether or not attributable to climate change, challenge the insurance industry’s abilities to measure and predict risk. This roundtable is for anyone interested in the potential risks and opportunities associated with climate change and its possible impacts on the insurance industry. This roundtable will delve into the issues surrounding both current and emerging legal aspects. We will provide background on greenhouse gas-related regulation and existing and emerging climate change-related litigation as well as coverage litigation. We will discuss implications for commercial general liability (CGL), directors and officers (D&O), environmental liability, professional liability, property, and renewable energy-related policies and potential exposure drivers in each area.
Back to topMichael Caspino, Busch & Caspino
Cori Flam Meltzer, CFM Mediation, LLC
Stephen Truono, NFI Industries
Above all else, from claims representatives to attorneys, ethical conduct should be our top priority. In an interactive and entertaining environment, difficult ethical scenarios will be discussed. This will not be a recitation of Rules of Professional Conduct. This will be a hot discussion by panel members and participants on controversial ethics issues in our everyday practice. Continuing legal education ethics credits for claims professionals and attorneys has been requested
Back to topThe roundtable will focus on how to protect the interests of the insured and the carrier when a plaintiff’s attorney presents the carrier with a policy limit demand. In particular, the discussion will center on two cases studies and consider how to balance the duty to protect the interests of the insured without paying an amount in excess of the value of the claim. Plaintiff attorneys across the country are continually thinking of methods to limit the carrier’s ability to thoroughly investigate a claim by placing limits on the time the carrier has to respond, with the potential for a bad faith claim looming in the background. There will be discussions on how to extend the time to respond, what the carrier is entitled to review before having to respond to the demand, if the carrier should consider providing coverage in excess of the original policy limit in order to remove the Plaintiff attorney’s threat, and how the carrier should counter once the Plaintiff attorney withdraws the demand and attempts to seek damages in excess of the limits for bad faith failure to settle a claim within the policy limits.
Back to topJohn Cullen, ABA Insurance Services Inc.
Edward Donohue, Hinshaw & Culbertson LLP
Donald Pratt, Kalchik, Pratt & Associates, LLC
This is a comprehensive presentation of the impact of an FDIC receivership on all forms of liability and property insurance with a focus on financial institution bonds and errors and omissions policies
Back to topJames Hailey, Lewis Brisbois Bisgaard & Smith, LLP
Rick Linville, Custard Insurance Adjusters Inc.
Frank Smith, AXA XL
This session's instructors personally experienced Hurricane Katrina, Isaac and other catastrophic events. Attendees will learn the necessary elements of preparing for and handling catastrophic claims through to litigation. Prepare your company personnel from the Executives to the adjusters on the front lines for the onslaught of hard and soft fraud claims without exposing the company to bad faith claims. Prepare the adjusters to interact with distraught insureds. You will learn coordination, communication and uniformity among all company personnel, from top to bottom. Learn what background investigation to perform before the inspection and follow through with the sight inspection. Learn the scope of claims from refrigerator food spoilage to ALE food and mileage requests, Civil Authority, business interruption, mold and the gambit of suspicious claims. Gain insight into the public perception of insurance companies in general and your company from adjusting the claim to the litigation of claims and the jurors' tolerance for fraudulent claims after a catastrophic event. Learn how to counter the plaintiff's attempts to obtain the upper hand throughout the claims and litigation process including settlement and trial strategies.
Back to topHeather Devine, Isaacs & Co.
John Shelonko, Self Employed
Jonathan E. White, Home Depot U.S.A., Inc.
Eric Zalud, Benesch Friedlander Coplan & Aronoff LLP
There have been recent disturbing developments in the law of privilege. In cross border litigation, privilege can be lost when US companies are compelled to produce documents due to their affiliates or subsidiaries being involved in Canadian litigation. Although these two jurisdictions may share an understanding of the importance of maintaining privilege and confidentiality, views differ as to how and to what extent these protections should be implemented. Speakers will provide practical strategies for members of the management team and in-house counsel on how to protect your company and client by maximizing the protection provided to privileged documents as well as integrate the corporate perspective with US litigation strategy in order to better prepare multi-national companies when conflicts arise in cross-border litigation.
Back to topMarcheta Leighton-Beasley, Wood Group
David McMahon, Offices of David J. McMahon
Carl Patchke, Marsh
Beth Popik, Self Employed
This roundtable presents multiple perspectives surrounding the handling of complex claims under a policy with a large self-insured retention (SIRs). Insurers often benefit from the use of SIRs because these types of policies assure that insureds have a role in minimizing claims costs. Insureds use SIRs to control premiums and preserve limits. Using four hypothetical claims situations, we will illustrate the challenges of such scenarios for the insurer, insured and broker
Back to topDaniel Costello, Costello Ginex & Wideikis, P.C.
Michael Cronin, Westfield Insurance
Mike Williams, Florida Peninsula Insurance Company
Daniel Winkler, Westfield Insurance
Our panel discussion will work to unravel the answer to a key question: How Can I possibly make everyone happy in the current claims/legal market? What are the direct steps to take my operation to a consistent repeatable result? Why is predictability key to clients? The panel will interact with the audience to: Present and discuss a systemic litigated operational model, which embraces project management and task segmentation. It will highlight processes that engages all parties in a continuous program of best practice conformance, and, to understand a total case outcome methodology that enables organizations to leverage performance metrics that positively impact expenses, indemnity payments, and performance rewards. By the end of the panel discussion the audience should have an understanding of how to best govern the many moving parts comprising the entire litigation process, from initial investigation through final resolution. The model will also allow counsel to understand the complex inter-workings of their clients with secrets to achieve results that will in result in more business.
Back to topLarry Beemer, Tokio Marine HCC
J. Thaddeus Eckenrode, Eckenrode-Maupin
Elizabeth Ganiere, McDermott
Gregory Victor, TorresVictor
Corporate officers or designated “reps”, and other educated professionals (physicians, architects, accountants), often are the key witnesses in cases brought against them individually or against their employers. In spite of their education and experience, however, they often can substantially damage a defensible case by failing to understand the nuances and finer points of giving deposition testimony. This discussion will examine some of the personality traits, biases and prejudices, language and cultural issues and general attitudes that create these opportunities for disaster, and how both counsel and claims professionals can identify them in advance, work with these individuals to isolate the problems, and correct these well in advance of testimony. Cases often go from good to bad with poor corporate or professional witness deposition performance, which substantially increases litigation costs and indemnity exposure. Learning to identify these risky witnesses can potentially save claims professionals and their carriers hundreds of thousands of dollars in litigation expenses.
Back to topJennifer Cheek, Macdonald Devin Madden Kenefick & Harris PC
Scott Clark, Miami-Dade County Public Schools
Patricia Kagerer, ACIG Insurance Company
In today’s economic climate, the focus for many corporations is on results: finding better solutions faster. To optimize performance, we must be able to effective resolve issues, settle differences and implement solutions on every level. The “Top Ten Things That Keep Risk Managers Up at Night” session provides participants with an overview of potential risks to corporations as well as the opportunity to learn effective strategies that seek to mitigate the risk. This session address the unique challenges associated with each risk, industry trends and will offer prospective solutions. Real world examples and case studies also will be shared with session participations.
Back to topNichol Bunn, Lewis Brisbois Bisgaard & Smith, LLP
Russell Davis, Downey & Cleveland, LLP
Sonia Odarczenko, AmTrust Group
With the Hadden decision, the 6th Circuit held that responsible parties are obligated to reimburse Medicare the full amount of medical expenses made the basis of the claim – regardless of the settlement amount or the apportionment of liability. We will discuss whether this decision conflicts with other jurisdictions and the status of the U.S. Supreme Court’s review of the issue. We will also discuss how the decision affects you and the best practices for resolving claims involving past or future medical expenses paid by Medicare.
Back to topSteve Bent, Texas Association of Responsible Nonsubscribers (TXANS)
Kevin Lutzke, Dean Foods Company
William Toles, Self Employed
One of the hottest cost issues for any large employer is handling employee injury claims. Texas has long allowed employers to opt-out of the State workers' compensation program through "non-subscription." This permits employers to manage their own employee injury claims and avoid paying into the State workers' comp plan. However, while non-subscription is allowed, there can be minefields. Understanding non-subscription is key to determining whether your company could save millions on costs/indemnity or may be exposed to excessive liability. Moreover, non-subscription may be a wave into the future, as Oklahoma could soon be the second state to allow non-subscription, which may cause a domino-effect of legislation allowing non-subscription in many states.
Back to topRalph Bisceglia, American Transit Insurance Company
Cruz Lizano, Resorts World Casino New York City
Claire Rush, Barry, McTiernan & Moore
Janeen Thomas, Saxe Doernberger & Vita, P.C.
This session will explore: 1) How to collect, organize, use and present information from Event Data Recorders to defend clients and minimize risk. 2) Whether the risk management advantages of installing a video driver behavior monitoring system outweigh the potentially damaging effect such technology can have in the context of litigation. 3) How to identify relevant driver behavior patterns to mitigate risk in Workers’ Compensation and General Liability settings. 4) How to cost effectively identify and litigate large numbers of soft tissue cases utilizing bio-mechanical principles. 5) How to ethically mine the internet for public information about plaintiffs/claimants, secure the information and expose inflated claims of damages. The participants in this roundtable will discuss how defense counsel, claims personnel and risk managers can collaborate in utilizing these strategies to realize significant cost savings and improved driver safety
Back to topGuests will have the opportunity to shoot the rapids with the experienced crew of "Rockin' R". Each participant will be given a life jacket, paddle and a waiver to sign before they hit the water! Depending on how the river is running, the run may take between 2-2 1/2 hours. Tips for this trip: If you can't swim, don't go. Wear suitable footwear - water shoes or old tennis shoes. Remember your sunscreen. No glass or styrofoam is permitted on Rockin' R property or on the river. Buses will return to the hotel at 5:00pm.
Back to topChef and restauranteur Blanca Aldaco will teach Tortilla 101 and Margarita 101 along with her delightful approach on the beauty of food in our daily lives. Blanca, a native of Guadalajara, Mexico has become synonymous with authentic Mexican cuisine. Her awards and recognitions are numerous and has been written up in Texas Monthly, Food and Wine Spectator and Southern Living. Menu presentation: Chips and Salsa, chicken enchiladas verdes, spanish rice, borracho beans, pastel tres leches, iced tea or soda and her award winning margarita. Guests will return to the hotel at 4:00pm.
Back to topStart your engines, because we are off to the races! Guests will feel like a professional racecar driver in this world class facility featuring a spectacular view of the Texas hills. Upon arrival guests are fitted with their helmets and neck brace and are required to watch a 6 minute safety video and course rules are reviewed. The race format for the day will either be the Endura Race or the LeMans Race. This includes practice lap, qualifying lap and a final race for the checkered flag. Following their day at the track each driver is presented with personalized results, start time, laps completed, race position, best-lap time, average lap time, average speed, fastest driver in competition and rating. Long sleeve shirts, enclosed shoes and long pants are required. Buses will return to the hotel at 5:30pm.
Back to topNo Learning Objectives Available