Join us to review the framework that a company/firm should have in place for when an emergency situation lands on their doorstep. It is important for adjusters to have the knowledge and resources to handle a crisis situation and avoid being unprepared or caught flat-footed. Understand how establishing a crisis management plan is essential so that company personnel are not overwhelmed, and operations are not compromised.
Whether investigating the collapse of a high-rise building, a bridge overpass, or entertainment center, forensic engineers grapple with complex questions while determining what happened in order to avert future failures. Moreover, their findings can have a multi-million-dollar impact in the way insurance coverage is applied and losses are shared.
Learn how these experts attempt to document and collect evidence within hours of structural failures using the accident site as a field of evidence for them to determine what happened. This presentation is designed to demonstrate the role forensic investigations play in the overall claims process, including when to secure a forensic investigation, how the investigative findings will be used, and the key players in the claim’s assessment process.
Let’s talk about the nuts-and-bolts discussion of EPL claims handling, from the perspective of the claims handlers and defense counsel. EPL is a growing area, as the number of suits filed by employees against their employers has been rising and is expected to continue to do so. While many suits are filed against larger corporations, businesses of all sizes are targeted and benefit from EPL coverage. As such, the handling of these claims is an area ripe with minefields for the unwary claims handler who is not yet experienced in handling EPL matters.
This session presents an overview of electric and autonomous vehicles. Presenters will address technology and the market and climate forces driving consumer choice to purchase and invest in these transportation modes. A discussion will be teed up to include the risks and claims associated with electric and autonomous vehicles; applicable coverage(s) triggered; risk transfer analysis; contracts and indemnification issues; damages; expert identification and retention; litigation management strategies; and best practices in managing the claim and litigation process.
Presenters will focus on Biden’s executive order on protecting public health and the environment and restoring science to tackle the climate crisis, as well as the focus on clean/green energy and manufacturing, climate issues and how each area will affect underwriting, claims handling, and litigation.
Join this presentation for a multi-dimensional discussion linking two tracks of this Focus Conference, Cannabis and Environmental Toxic Tort Litigation. The expanding legalization of adult cannabis use brings an increasing demand for both legitimate and black market grown marijuana. Water and space needs will significantly impact the environment. Larger and more commercial grows have serious consequences on air quality. Learn of the considerations that must be given to the use of pesticides, natural habitat infringement, farming, and safety practices. The debate regarding marijuana uses and toxicity is not fully closed.
Significant capital investment is forging the development of alternative energy projects both domestically and internationally. In the past decade (2010-2019), $2.6 trillion dollars was invested in solar, wind, biomass, and waste-to-energy projects globally, including $356 billion in the U.S. alone. However, the renewable energy landscape is littered with examples of projects that have failed to meet expectations in terms of execution and production. As a result, contract dispute resolution has become increasingly important in the industry. In this presentation, technical factors related to commonly disputed items in alternative energy contracts will be addressed. Topics will include the importance of feedstock specifications, understanding scope split, defining contract milestones, evaluating performance guarantees, and analyzing warranty versus defect claims.
Join us as we update and educate on the background and use of telemedicine as well as the pitfalls and applications. Presenters will cover the basics, benefits, and risks of telemedicine to the insurance industry as well as the current status of administrative regulation of the telemedicine industry.
This presentation will address the role of claims adjusters, SIU, and counsel when recognizing and investigating questionable claims that often arise following CAT losses. Presenters will discuss the various "schemes" that may arise involving public adjusters, contractors, and insureds in these circumstances including how different types of CAT losses are ripe for fraud.
During an extended period of either work from home or being out of work, typical fraud patterns may not be as easy to spot. What will the work from home workers compensation claim look like? Will we see an uptick in work related accident claims as workers return to the job and as consumers return to the stores? Was that business interruption claim from COVID or a burst pipe? Objective verification of symptoms and injuries may also be difficult now that everyone can say they did not treat in person for over a year due to the pandemic. Objective testing may have been deferred leaving issues on causation. Investigators too faced challenges during the pandemic and had to rely on technology to fill the gap. What have we learned and what are the new red flags?
This session seeks to provide attendees with an introduction into the law and issues surrounding the defense of windshield litigation. Presenters will identify the type of insurance coverage windshield claims are made under, challenges to the existing law, and strategies for litigating these lawsuits. Attendees will become familiar with utilizing policy language and existing law to successfully defend improper notice and SIU suits, emphasizing available pre-suit options for insurance carriers to investigate claims. Also, learn about the “glass brokers” who solicit the elderly, impoverished, and the unsophisticated customer on why they need to have their windshields replaced quickly. Join this session to learn how to detect and combat this fraud phenomenon.
Since ALE payments are made directly to insureds without mortgagees or other lien holders, fraud may arise when insureds submit these claims for another purpose. They may be made to use additional funds to pay their public adjusters, attorneys, or other representatives; or simply for a new car, vacation, or personal use. As a result of COVID-19’s stay-at-home orders and lack of contractor availability, many damage claims may have gone unreported. This panel will review whether there is likely to be an increase in late-reported claims seeking ALE coverage. Additionally, if the insured commits ALE fraud, they risk losing all coverage under the policy pursuant to the policy’s concealment or fraud provision. Attend this session for a lively discussion about this back door fraud that is evolving as we speak.
With ever increasing severe and catastrophic weather systems having an impact on the United States, property insurers are under growing pressure to provide capacity. Panelists will look at some of the recent events that have spawned large losses, explore how insurers and reinsurers are looking at underwriting risks and managing claims, and discuss how some state legislatures are intervening in the marketplace. Insurers are seeing new types of claims, as well as increased severity of claims, with the growing intensity of events. Attendees can expect a well-rounded overview of the current property claims environment, as well as learn more about steps the industry and government are taking to ensure claims are managed properly without jeopardizing solvency.
Join this experienced panel to discuss the history of appraisal in insurance policies, the trends of insurers to remove appraisal from polices, and the return of appraisal as a defense strategy. Plan to review nationwide trends in appraisal and the ongoing exposure to bad faith even when electing appraisal. Strategies for invoking appraisal and responding to Insureds’ demands for appraisal and compliance with post lost duties will be explored. Finally, attendees will discuss the future of appraisal and anticipated pitfalls of appraisal in the future.
Ready to make sense of the many layers of investigation that occur after a construction failure? This session is focused on effectively determining the damages after a building collapse. There is rarely enough time to process the shock and sadness before the insurance claims and lawsuits are being filed after a building collapse. There are many experts from the insurance industry necessary to determine the cause, the cost, the responsibility, and the next steps to recovery after a disaster. It is necessary for all parties to work together to solve the puzzle of a loss that touches many different policies and parties.
Join us as we discuss the physical damage triggers for COVID-19 coverage and applicable exclusions that courts have analyzed and opined on. Presenters will analyze business interruption coverage decisions in key states, including Florida, New Jersey, Texas, and California. These decisions may be relied on by underwriters when drafting property policies, claims adjusters when analyzing COVID-19 claims, and attorneys handling lawsuits involving COVID-19 business interruption claims.
Attendees and the session panelists will discuss ways to measure recovery metrics for subrogation claims. Together, we will evaluate performance metrics for internal and field adjusters, inside and outside counsel, and retained consultants and experts. Claims professionals will learn how to create streamlined standards and processes to measure subrogation performance internally and externally.
It is important for claims professionals to understand the current tools available that can add value to a subrogation investigation and pursuit of recovery. Since technology continues to evolve and improve, the depths of these tools are probably unknown to most individuals who have limited exposure yet once you see the possibilities up close, their usefulness becomes clear. Presenters will walk through the various types of investigative tools currently used in subrogation. Together it will make for a very interactive session.
Learn how to successfully protect live scenes in large loss property subrogation cases. When a large loss occurs due to fire, flood, or other peril, it is imperative subrogation rights are preserved in an efficient and economical manner. Participants will leave this session with the skills needed to decide when to preserve a scene, execute a scene preservation plan, coordinate with relevant public agencies, and administer a joint inspection plan. The panelist insights and interactive discussion will ensure attendees are able to successfully preserve subrogation rights when faced with various types of loss and severity levels.
Ready to apply the Carmack Amendment to the handling of cargo claims both for the carrier and shipper? As part of this presentation, we will discuss the amendment in detail, define key terms, as well as highlight how to apply the amendment to the different types of cargo claims i.e., interstate rail and commercial motor transportation of goods, as well as household goods, etc.
You have an ironclad claim. You are sure of it. You have never felt more confident with your position. Then? The blindside. The bottom falls out and the claim comes crashing down around you. What happened? What went wrong, and how do you avoid the repeat? There are far too many reasons subrogation claims can fail: from policy limitations, claims handler or legal representation errors, and/or expert witness failures. This panel will explore the difficulties faced by the professionals handling subrogation claims when the process fails to return the desired result due to unforeseen or unexpected changes during the process or mistakes/failures of the claims team. An underlying theme of ethical and unethical behavior is to be explored along with examples of subrogation claims gone wrong and the difficulties and challenges faced during the claims process. The panel discussion will help both insurance and legal professionals understand the difficulties faced when handling a subrogation claim and open a candid discussion regarding how to best resolve and avoid problems with such claims.
The focus of this session is on the impact of the legalization of cannabis in the workers compensation arena nationwide. More and more states are legalizing cannabis with federal legalization becoming more likely. Workers compensation is often forgotten or minimally addressed in cannabis legalization laws in the states. This poses great concern for employers on how they will address cannabis as an intoxication defense, as a treatment, and the payout associated with these claims. The presenters will address various aspects of the issue including the policies being used, the issues encountered, how the pioneer states are dealing with these issues, what is being put in place for the future, and more.
While COVID-19 and the coronavirus pandemic brought many businesses to a halt, cannabis sales continued to grow with some states deeming cannabis an “essential” business. As the trend for legalization across the Unites States continues, insurance claims follow. Over the last year, cannabis dispensaries became a target for lootings during riots. On the West Coast, wildfires destroyed cannabis and hemp farms. We saw more people growing cannabis at home. We also saw workers requesting reimbursement for cannabis within workers compensation claims. This presentation will provide an overview of insurance claims seen over the last year in cannabis, CBD, and hemp, with a discussion of regulatory updates and anticipated ISO form changes, including the predicted impact on insurance claims going forward. Presenters will discuss how these issues pertain to homeowners’ policies, workers compensation and employment, interstate commerce, product liability, and premises liability.
Legalization issues abound in the cannabis space. You are likely facing questions like the following in your everyday work. Who is writing cannabis risks? What are the reasons companies are not writing them – is it only the legality issue? How are insurers rating the risks? What types of losses are they seeing? What has ISO developed in terms of policy forms? Have there been any recent coverage decisions? Join us as we seek to sort out answers to these questions and more based on the latest updates in our industry.
As the cannabis industry continues to expand exponentially from state-by-state legalization efforts, industry players have worked to identify new cannabis product categories, in order to increase market share beyond traditional cannabis smokers. Similar to the growth of vaping products in the nicotine e-cigarette industry, cannabis vaping products have proliferated because they are affordable, easy to use, and offer an easy-to-augment flavor experience. However, recent history from the e-cigarette space has taught us that the potential sales growth of vapes comes with increased (and specialized) civil litigation risks. Learn from a panel of presenters that includes civil trial attorneys who have defended products inhalation risks in the flavorings industries, as well as cannabis-focused insurance executives who will explore emerging risks in the vaping industry, both related to the use of vaping ingredients and other risk vectors more broadly.
2021 has brought a slew of changes to cannabis. With New Jersey and New York leading the charge on legitimizing cannabis as a form of reimbursable medical treatment, other states are following suit. While the grey area of the legality of cannabis still exists, more and more doctors, injured workers, and legal authorities are starting to embrace this alternative treatment. This session will explore the most recent developments in cannabis and claims with a particular emphasis on legal issues, legislation, medicinal value of cannabis, the carrier’s perspective, and real-world practical solutions to dealing with cannabis issues in claims.