Hollywood stars and golf pros have been teeing off here for years and for good reason. True to Ted Robinson's signature style, there's more water on these beautifully landscaped championship courses than you can shake a 9-iron at.
Meet in the Santa Rosa Ballroom and we'll board buses to FIND. FIND Food Bank (Food in Need of Distribution, Inc. is dedicated to relieving hunger, the causes of hunger, and the problems associated with hunger through awareness, education, and mobilization of resources and community involvement in the Coachella Valley. Clean-up storage areas, pack food boxes, clean-out refrigerated units, etc.
Meet in the Santa Rosa Ballroom and we'll board buses to Pegasus Riding Academy, which provides therapeutic riding experiences for handicapped children and adults. Riders come from all over the Coachella Valley as well as Riverside, Beaumont and Yucca Valley. Pegasus gets referrals from Specialists at Loma Linda, Ronald McDonald and Shriners Hospitals, and all three of the Coachella Valley's Unified School Districts' severely Multiple Handicapped and M/M classes. Some of our riders are from Angel View Crippled Children's Foundation, Palm Springs Stroke Recovery Center, Desert Arc, The Braille Institute, United Cerebral Palsy Association, Autism Association, ACT for MS, The Barbara Sinatra Children's Center, Private Physicians, and physical therapists.
Meet in the Santa Rosa Ballroom and we'll board buses to the Living Desert. Living Desert - the objectives of The Living Desert are: to preserve a portion of the Colorado Desert in its natural state; to foster, through interpretive exhibits, programs and publication, an awareness of, and an appreciation for, the variety of plants and animals in worldwide ecosystems; to build up under controlled conditions, populations of various species of desert animals and plants threatened with extinction in the wild state; and to foster through cooperative research and educational programs, biological studies contributing to the protection of desert species in a wild state.
Meet in the Santa Rosa Ballroom and we'll board buses to Martha's Village and Kitchen. Martha's Village and Kitchen is one of the largest providers of homeless services in Riverside County. The programs and services available at Martha's Village & Kitchen provide our neighbors in need the tools to become self-sufficient and break the cycle of homelessness. Martha's Village is not merely a soup kitchen; it is a full-service center designed to offer a helping hand to the most vulnerable. Services include housing, food distribution, meal service, child day care, career and education assistance, emergency assistance and health services.
Meet in the Santa Rosa Ballroom and we'll board buses to Safehouse of the Desert, an Emergency Shelter program that provides immediate help to youth and families experiencing crisis situations. When families come to Safehouse of the Desert, they’re usually at their wit’s end — parents are frustrated and children don’t know where to turn. Their staff is available 24 hours a day, 7 days a week for teens and their families who need help negotiating the often challenging road from childhood to independent adult life.
Safehouse of the Desert is well equipped to handle runaway, homeless and other youth in crisis. Teens who don’t know where else to go are always welcome at their shelters — all they have to do is show up.
The Safehouse also has outreach into the community of young people through:
Safehouse’s Substance Abuse Program AND The Cup of Happy program are prevention and early intervention programs focused on destigmatizing mental health issues for youth 16-25 years of age. The focus is to provide healthy lifestyles and emotional wellness through a number of different programs that include creative writing courses, open mic nights, youth leadership classes and LGBTQ support groups
Grand Slam Round Robin Tennis Event - Here's a GREAT opportunity to play some fun doubles with other CLM attendees on three different surfaces. The JW Marriott's hard, clay and grass courts play host to this event. Each player will play at least once on each surface and quickly gain respect for the pros who can win at the French Open, Wimbledon and the US Open! Each round you will be paired with and against different players, so it's a great social mixer as well. This is one really fun and rare experience that you won't want to miss. The tennis facility and program at the JW Marriott Desert Springs Resort & Spa has also been consistently ranked among the top 10 tennis resorts in the world and top 5 in "Instruction and Tennis Programming." So the daily clinics, drill sessions and private lessons are also top-notch and extremely unique and special. See more information at www.desertspringstennis.com.
Start the Annual Conference off right with a pre-Conference spa treatment. Register now to reserve your spot and receive a 10% discount at the time of your appointment. Specific spa services and times will be arranged later.
Guest option for Spa Day is also available from the Guest Only Event options towards the end of the registration process.
Start the Annual Conference off right with a pre-Conference spa treatment. Register now to reserve your spot and receive a 10% discount at the time of your appointment. Specific spa services and times will be arranged later.
Join other women in the industry for an hour of wine tasting and networking. New & gently used accessories are being collected if you wish to donate.
Meet for cocktails and get to know the other guests! (cash bar only)
Join us as we kick off the Annual Conference with the announcement of the winners of the 2015 CLM Professionals of the Year Awards followed by Keynote Inspirational Speaker and business advocate Craig MacFarlane.
An evening of carnival fun complete with carnival rides, games and delicious food (some Carnival standards along with some gourmet delights). Take a ride on the ferris wheel or try your hand at the ring toss — it’s a casual evening of fun and networking.
Three major insurance company CEOs answer hard-hitting questions about the state of the insurance industry today and where it's going in the future. This no-holds-barred session will delve into such topics as cyber insurance, the latest product innovations and what keeps these industry leaders up at night.
This tour includes lunch and transportation from and back to the hotel.
An outdoor shopping experience where you can wander through galleries, and shop at chic boutiques and sophisticated high-end merchants. More than 250 retailers, this scenic mile long street inspires with its mountain backdrop. Bright yellow Courtesy Carts allow for effortless access to your desired location as they whisk you from one end of the street to the other. Soak in the culture of El Paseo through sculptures that line the median, each one selected by the Palm Desert Art in Public Places program. Dress is resort casual, sweater or jacket. Layered clothing always works well in this capricious desert and mountain climate.
Lunch at Pacifica Seafood Restaurant - Conveniently located on the famed shopping destination of El Plaseo, Pacifica is deal for lunch. Pacifica Seafood Restaurant features the freshest seafood in the desert. The innovative menu showcases a variety of fresh fare and flavorful steak dishes.
This session focuses on fixing or protecting against common mistakes in the use of communications, devices, programs and apps – mistakes that erode efficiency, effectiveness, confidentiality, or security in our professional use of technology. From reducing cyber risks to improving our use of email, this session will discuss better ways to manage our technology.
This presentation will explore strategies to assist both claims and coverage representatives and their counsel in handling and litigating complex construction defect claims and their related coverage issues – with an eye toward not only minimizing the defendant insured’s potential liability but also in controlling the defense and coverage costs and ensuring that the insurer is not left obligated to pay for otherwise uncovered damages.
In making underwriting decisions, carriers rely to a large extent on the risk information they receive in applications from prospective insureds --information that is most typically submitted by the agent or broker presenting the risk for consideration. We will discuss a growing problem with actual and alleged "misinformation" that goes unrecognized until after a policy is written and a claim occurs, looking from the perspective of the insurance agent and broker, the underwriter, and the claims handler discovering the potential misrepresentation in the claim investigation.
In this session, participants will discuss how TPA, insured and self-insured entities are impacted by this law and the steps to mitigate exposures in this changing environment. This presentation will also discuss conditional payment identification, negotiation and resolution; protecting Medicare’s interest with MSAs or alternative methods; and meeting reporting obligations for ORM, Ongoing Responsibility for Medicals Termination and Total Payment Obligation to Claimant reporting.
This session includes three case studies. The case studies include a construction claim, a homeowner claim and an auto claim. The fact patterns are loaded with potential issues designed to generate discussion.
Each case study includes actions which may trigger a bad faith claim, claim handling guidelines to avoid bad faith, and specific obligations and ethical considerations for the corporate counsel, the defense counsel and the claim adjuster. The ethical considerations cited are designed to elicit discussion about the interplay of obligations between corporate counsel, defense counsel and claim adjuster.
The guidelines and ethical considerations include sample citations to allow the participant to easily locate further statutory and regulatory materials guiding the industry. The participant will receive best claims practices guidelines which may be implemented to improve proper claim handling.
This session will look closely at the metrics used by carriers, general counsel, and law firms in defining success for themselves, their clients and the policy holders. You can run reports, but you must understand what you are measuring, why you are measuring it, and what you will do with the data once you receive the report.
Resolution professionals and lawyers are collaborating to resolve cases quickly, fairly and cost effectively. Learn the strategies that are working in this interactive session. Understand how to structure a dynamic initial claims/lawyer conference that directly addresses issues that are blocking resolution and how to establish a cooperative plan to remove those impediments.
In the business world, it is often assumed that if a lawyer is involved in a matter, a privilege from disclosure will automatically apply. In the insurance context, however, the general perception that privileges attach immediately upon retention of a lawyer could not be more wrong. In this session, we will discuss how courts determine if a privilege applies to claim handling materials. Presenters will consider the impact of the nature of the communication, the identity of the persons involved in the communication, and the distribution of the information on the privilege determination.
Fire spread liabilities rise out of catastrophic fires, where increased fire damages and risks are avoidable. This session focuses on significant recovery opportunities, often overlooked, for fire spread losses as well as defending fire spread property damage and bodily injury claims. Using interactive, real-world hypotheticals, we will highlight fire spread basics, investigation methods and recurring fire spread scenarios. Attendees will gain valuable insights on the theories and practicalities for developing and defending fire spread liability claims.
Homeowner’s policies cover the increased cost of living in a substitute residence while repairs are being made. But some people use ALE claims to either allow the policyholder to live more luxuriously than normal, or make a profit. This session will discuss ways to investigate ALE claims to uncover what is really happening, and what expenses are truly extra. Among the tools that will be addressed are real estate and employment information, satellite photos and social media available on the Internet as well as traditional document requests, EUOs and site inspections.
Joint defense agreements have long been used by parties with common interests to coordinate strategy, pool resources, and reduce costs. With all of the benefits that joint defense agreements confer, the risks they raise are often unappreciated, including privilege waiver, duties to non-clients (joint defense co-participants), attorney or potential disqualification in future matters given past joint defense in substantially similar matters. This session will discuss how these risks can be avoided, or at least mitigated, by careful planning, drafting, and execution of a joint defense agreement.
The U.S. continues to grapple with its increasingly diverse population; expanding identity groups include: generational, gender, gender identification, ethnic, cultural, religion, physical abilities, and income. This growth brings both richness and challenge to existing perceptions. This presentation will discuss lessons learned in dealing with diverse populations in approaching claims investigations, evaluations and resolution. Elements addressed will include developing intercultural competence, identifying and navigating cultural bias, operating from a position of mindfulness and understanding external bias for or against your client in evaluating the claim.
Carriers are well-versed in the benefits of traditional law firm panel management, but how can proven panel management principles be applied to deliver a more comprehensive and greater impact to ALAE management? This session is designed for claims professionals ready to take their panel management practices to the next level. This roundtable will discuss strategies and best practices for extending panel management practices globally, explore the challenges and rewards of expanding panel management to other types of vendors – independent adjusters, court reporters, forensic accountants, and others – and consider how technology can be leveraged to support these next generation ALAE management processes to optimize panel assignments and drive claims professional behavior.
When a company files for bankruptcy, numerous and various issues can arise for the company’s insurers. Regardless of fault, the Directors and Officers liability policy is viewed as a potential source of money, ripe for recovery by creditors, especially in cases where all other assets are encumbered. It is important for an insurance company to understand the implications of bankruptcy on its insured, and on the policy itself. The session will discuss the bankruptcy process generally, describe the entities involved in a typical bankruptcy proceeding, address specific policy provisions, and discuss how courts have evaluated those provisions
This session will address effectively working with your actuary to understand where Risk Managers should be focusing their efforts and increasing their expertise when it comes to managing their ultimate liabilities. Best methods for strategically negotiating lower ultimate losses will also be addressed..
In this session, two aspects of claim investigation/analysis will be discussed. First, we will discuss the current state of the law regarding, and strategies concerning, the extent to which a biomechanist may offer opinions at trial regarding (1) kinetics, kinematics, and medical causation, (2) medical versus engineering opinions, and (3) effective use of vehicle photographs. Also discussed will be past case examples and experience in different courts and in different types of cases. Myths that exist relative to this issue will be put forth for discussion purposes, and we will discuss the use of 3D scanners, data retrieval/preservation, and document retention strategies to maximize the investigation opportunity at the scene of a transportation accident and thereafter.
Surf the internet, scan the legal reporters, or just look at billboards along the highway and you will clearly see that the tide of plaintiffs’ personal injury, complex mass-tort and consumer fraud, employment class actions and/or multi-jurisdictional claims, just to name a few, has not only not ebbed it is reaching tsunami proportions. Throw in claims for medical lien reimbursement, possible state and DOJ investigations and/or shareholder actions, and the issues that Litigation Claims Professionals have to face in today’s environment are extraordinarily challenging.
This session will include identifying, analyzing and responding to a data privacy event. The session will educate participants on the significance of each step of the breach response process, including identifying the breach, preserving the attorney client relationship, the role of the breach response team, how and when to utilize forensic analysis, the multiple laws, regulations and statutes impacted, and the litigation stemming from these events.
Increasingly lawyers for personal injury plaintiffs and policy holders use consent judgments and the threat of extra-contractual liability to force insurers into unreasonable settlements. This session will include a description of the typical case in which the consent judgment tactic is employed; the benefits to the insured and plaintiff; the problems faced by the insurer; and how different jurisdictions treat the numerous issues that can arise.
“I hate my job.” These four words uttered by employees everywhere negatively affect a company’s performance. Companies with employees who say “I love my job” have been found to improve a company’s bottom line success. This session will discuss how to identify an organization’s current cultural stage and provide suggestions on how to advance from lower to higher stages.
This session will address effective structured settlement strategies and claim best practices that are developing in the marketplace. The presenters will offer insights as to how and why to incorporate the cost-effective tool into your claims and litigation management programs and share executive perceptions with respect to the scope and effectiveness of their structured settlement programs in achieving desired outcomes.
This session will discuss the affirmative and defensive use of civil RICO actions to combat fraudulent insurance claims and to prevent the enforcement of fraudulently obtained foreign judgments (including the recent Chevron & CSX decisions which successfully used RICO defensively). Discussion will include the necessary elements for a RICO action, and will focus on the legal and factual support necessary to build a successful civil RICO action using investigation, surveillance, recorded statements and Trojan state court cases to conduct discovery. In many RICO actions, Rule 11 Motions or Rule 12b(6) motions will be filed to dismiss the RICO claims. Discussion will address how to respond to attacks on the RICO action based upon statute of limitations issues, pleading RICO and related fraud counts, use of the federal anti-kickback statute and the Colorado River and Younger doctrines.
This session focuses on how to avoid attorney-driven bad-faith set-up attempts in the various forms now prevalent throughout the nation. The first half of the class outlines how to avoid set-ups BEFORE they happen and the second half discusses how to handle set-ups AFTER they happen.
Every year numerous lawsuits are filed against hotels, resorts, restaurants, spas, gyms and other types of businesses on allegations of inadequate responses to medical emergencies that unexpectedly befall their guests and patrons. This comprehensive session will provide an in-depth analysis of risk, duty, and liability. While no specific formula will guarantee you will never face a claim or will prevail in a lawsuit, understanding the law and applying the lessons it offers will undoubtedly increase the odds.
This interactive session will explore the potential impact of the ACA on claims and cost shifting, future damage awards and whether or not the stringent anti-fraud and enforcement provisions contained in the ACA will result in heightened scrutiny of settlements and Medicare reimbursement processes.
Claims handlers know how to value a case, manage evidence, and play an insurer to a jury. Technical directors know who will make a good witness and how to efficiently maximize experts. Vice Presidents and In-house Counsel know what legal approaches have worked and how to minimize bad press. Our presenters will share their innovative ways to manage discovery, harness difficult witnesses, retain the right expert, engage a judge, avoid jury bias, prevent media pitfalls, and bring home a positive verdict.
The session will look the obligation of attorneys, ethically and legally, to learn and know the implications of changing technology. The session will identify and describe specific risks arising from changes in technology; including the interplay of ethical rules with a focus on: competence (ABA Model Rule 1.1); confidentiality under Rule 1.6; safekeeping property under Rule 1.15; extent of client files under Rule 1.16; expediting litigation (Rule 3.2); supervisory lawyers (Rules 5.1 & 5.3); and, misconduct (Rule 8.4). We will also cover changes to available insurance products and how the market is adapting to new risks with updated products.
Litigation involving a time period spanning many years often implicates numerous insurance policies, resulting in multiple carriers agreeing to provide a defense. As a result, differences in strategy can arise regarding a variety of issues, including budgeting, case handling, and settlement authority. This presents both carrier representatives and counsel retained to defend these claims with the challenge of balancing differing carrier guidelines and policies, all while providing an effective defense for the insured. Participants in this session will address the viewpoints of both carriers and defense counsel on these issues, including their thoughts on how to resolve same.
Photographs and witness statements from the accident scene are now just the start of a post-event investigation. As computers continue to integrate into more transportation functions, electronic discovery has taken on greater importance in transportation investigations. Whether a minor fender-bender or a fatality investigation, those on the scene must be cognizant of what electronic evidence might be present at the scene and how to preserve it. This session offers best practices for handling the increasing importance of electronic discovery in transportation cases
This session will discuss the relationship, use, and liabilities surrounding using third party administrators (TPAs) and panel counsel in the handling of claims. Topics discussed will include liability of a TPA versus an insurance company for breach of contract and bad faith. The session will also discuss tips and tricks for navigating the TPA/insurer/counsel relationship "in the trenches" to include things such as panel counsel bill reviews and a discussion of "who should do what?" on a file.
This session will explore the effective ways to manage the complex and often inconsistent relationships between the Third Party Administrators (TPA), multiple level claims managers and in-house Legal Counsel. Topics will include: Identifying separate responsibilities and roles in evaluation and the settlement process; Setting guidelines to define the relationship between the TPA, claims managers and in-house counsel; Reporting requirements and communicating expectations and results; Increasing efficiency and decreasing stress in excess and multi-layer exposure; Interdependence in setting reserves and settlement authority; and Use of specialized counsel and establishing chains of command.
Case studies will be presented to demonstrate factors and techniques for Risk Managers to identify the unknown and potential areas of loss. Practice areas covered will include catastrophic injury, transportation, premises and general liability. Risk Managers attending this presentation will be better prepared to identify potential areas of loss and how to mitigate loss. Attendees will also learn strategies that can be employed to quickly identify traps and pitfalls prior to a loss, as well at handling strategies for litigated matters.
Learn how to synthesize messaging that appeals to Millennial jurors while still effectively engaging older jurors, and harvest technologies and strategies for better trial outcomes. This presentation will outline the most effective trial strategies for neutralizing the attitudes that make Millennial jurors challenging for defendants, and will provide creative approaches to developing an overall strategy for delivering winning outcomes. Presenters will discuss effective tools for weeding out unfavorable millennial jurors along with techniques for framing case themes that appeal to this generation. Participants will share their millennial trial experiences and insight with presenters and together they will define the best methodologies for developing and presenting evidence to Millennial jurors without “turning off” jurors from other generations.
Bringing it all together- How the right operating model, tools, culture, litigation approach, negotiation philosophy and communication can dramatically change internal results and external perceptions. Focus on how models react differently to each segment of claims. A discussion on market trends, tactical ways to address risk tolerance and building and sustaining a claim management culture to competitively differentiate your company, customer and client.ent.
Rapid developments in additive manufacturing, or 3D printing, are driving a phenomenal expansion of this means of production. Some estimate that the growth of 3-D printers will reach 75% this year and 200% in 2015. Products manufacturers are employing these new technologies to produce cost-effective, safe, and reliable products from basic parts to medical devices. As with most innovation the benefits of scientific and engineering breakthroughs, such as 3D printing, bring concomitant risks, including liability exposure and challenges in assessing the risk of producing products with short-run manufacturing. A panel of experts will discuss this emerging technology and the issues it poses for the products liability insurance community.
This panel is targeted towards claims professionals, in-house and outside counsel who wish to gain a working knowledge of reinsurance, the interplay between insurance and reinsurance programs and the impact of reinsurance in a company’s strategic financial planning. Participants will hear from leading figures in the reinsurance industry regarding the placement, management and disposition of reinsurance business and learn specifically about the types of reinsurance, contract forms and unique provisions, ceded and assumed reinsurance claims and collections as well as how construction and handling of the same can lead to disputes and ultimately resolution within the “custom and practice” of the industry.
As claims professionals, we negotiate every day in some manner. How many times has your adversary to a negotiation made or responded to a proposal in a way that simply makes no sense? We’ve all been confronted with an extreme opening demand that is sure to be rejected, and we’ve all seen the opposing side entrench itself in a position that’s difficult to justify. What's the best way to respond to seemingly irrational negotiation positions? This panel discusses the various cognitive biases that impact the ability of each of us to perceive and place value on things, separate emotions from logic, and interact socially in a bargaining situation. Several theories of psychology are addressed, including loss aversion, escalation of commitment, reciprocity, framing and anchoring, among others. The psychology of negotiation is presented in the context of common scenarios such as the opening offer, responding to the extreme demand, how to handle concessions, delivering good/bad news, and how to deal with a difficult negotiating partner. Several interesting psychological studies are discussed and the presentation incorporates entertaining video content to demonstrate some of the key concepts.
This session will address when the attorney-client privilege can be breached and its recognized exceptions, and when the protections of the work product doctrine are conditional and how those conditions are applied. This session will also debate the strategic and tactical advantages of asserting the privilege, the consequence and scope of the “advice of counsel” defense and considerations surrounding its assertion and practical illustrations of real life encounters with the issues as well as their outcomes.
This presentation 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/time limit demand. The presentation will provide a look into the driving factors for the carrier, the counsel and how they work together to provide an effective response to the threat of bad faith while protecting the insured and the carrier.
The lines between the actions of a defense attorney and the duties of a claims handler often get blurred. This session will address when the line is crossed and counsel acts as a claim handler. Do his or her actions and communications become subject to discovery in a bad faith suit?
Given the proliferation of types and use of social media, it is more apparent that it is a necessary function and tool of all areas of litigation and claims handling. This presentation will examine more advanced issues, including the ethical implications of using social media in adjusting claims and pitfalls that have arisen in defending claims and in general use for employees. We will also discuss how to respond to the Stored Communications Act, which establishes that social media providers are not subject to subpoena powers in civil actions.
We all know that a settlement offer or an offer of judgment can assist in resolving a case, but they can also develop into an obstacle. This session will discuss difficulties that can arise because of the following issues: lack of initial supporting documentation that leads to inadequate case evaluation, incorrect initial expert evaluations and their consequences, attorney’s fees, statutory and legal standards such as "Unfair Claim Settlement Practices Acts", unreasonable expectations and evaluations by opposing counsel, potential adverse ramifications due to precedence setting decisions, and potential claims of bad faith.
In this session, the presenters will lead the participants in a discussion on the best ways to avoid a claim from being made in the first instance. Should there be video surveillance on premises? How often and how should such surveillance be preserved? Should there be written guidelines and internal policies? Once an incident occurs, what steps can be taken to minimize exposure? Should there be a recorded statement, photographs, and incident reports? All of these issues will be thoroughly examined from three different viewpoints: client, third party administrator and counsel.
The key to any successful mediation is proper preparation, particularly a mediation involving complicated coverage issues. This presentation will discuss best practices in approaching complex, multi-party, coverage issues with the end goal of a meaningful mediation. Subtopics will include proactive steps to resolve crucial coverage and insurance disputes that could derail the mediation process such as time on risk, the interplay of different coverage types, self-insured retentions, and potential "indemnity gaps" created by defense within limits policies. Participants will leave this session with a checklist to facilitate a productive mediation experience in even the most complicated of coverage disputes.
In the context of a complex professional liability claim - a legal malpractice action brought against a lawyer-insured for malicious prosecution - this session will explore and discuss the challenges defense counsel face when required to comply with litigation management guidelines that may not always be in the best interests of the insured, the lawyer's client. Key issues arising from the facts include significant coverage concerns, low policy limits, highly litigious corporate Plaintiff, consent to settle clause, procedural developments that could void coverage, and the complexities of a case within a case. The insurance policy, defense counsel's decision making, and the adjuster expectations can give rise to challenging issues while trying to collectively work toward the best possible outcome. Participants will take away tips and best practices for claim related decision making and managing relationships when faced with complex claim facts and confining coverage parameters.
Businesses often find themselves in situations where they face monetary exposure far in excess of the insurance protection that they have acquired. Such a situation presents difficult choices and strategy considerations for the insured business, the insurer and counsel. This session will discuss some of the complications and considerations that frequently arise in this scenario, including multiple claimants, indemnity claims and subrogation. Discussion will also include the risk of excess verdicts and bad faith; and strategies and methods for resolving these claims quickly and within policy limits.
This session will discuss claims against managers (HOA, property managers and ERISA managers), fiduciary claims, the changing landscape of duty of prudence and related coverage (D&O, EPL and E&O) that would be triggered in manager claims.
High stakes litigation can go south and it can go south quickly. This session will address the warning signs of problems in the defense at each stage of litigation, from initial claims handling to the week before trial. One case study will take you through a multi-million dollar personal injury claim in which the damages continued to escalate right up to the week before trial. The participants will discuss the new injuries, surgeries, and claims that are discovered during litigation which dramatically impact the value of the case and address how to proceed including issues such as: early investigation of critical evidence; retention and termination of experts; strategies for mediation and settlement at every stage of litigation, including pre-lawsuit and post jury verdict.
This session will cover a brief history of these agreements, and a brief discussion on why they can be beneficial, but will focus primarily on potential issues that if not carefully prepared for can be very problematic. A factual case study will be discussed with the group which contains a multitude of issues such as: potential coverage litigation disputes between parties that may waive the privilege, potential party to the agreement becoming adverse and using information gathered pursuant to the agreement to a defendant’s detriment, potential fiduciary ramifications to counsel as an unintended consequence, contractual issues for alleged breaches of the agreement itself and ensuring the type of documents shared are allowed to be protected by the privilege. The session will conclude with a discussion of procedural protections to have in place to reduce risk.
This presentation will provide an inside-look at real-life examples of data-breach and other cyber occurrences. Through discussions, we will explore the nature of various cyber-risks. We will consider the advice given to policyholders and clients regarding potential cyber exposure and strategy upon notice of an occurrence. We will convey lessons learned and best practices for future cyber risk evaluation and handling. Finally, we will discuss trends and predictions of future issues as the industry around cyber continues to expand.
The insurance industry faces a financial crisis from injury buildup cases involving epidural steroidal injections. Minor accidents where participants are citing subjective injuries (or in some cases, no injury) are becoming limits cases based on aggressive medical evaluations and treatments. This session will focus on whether these issues are legitimate; how an insurance company evaluates the claim, what the company and its legal counsel can do to get to the truth of the matter; and determine whether it is a claim or a crime.
Litigation management is about obtaining Excellent results without compromising Economy and Efficiency. This presentation provides the participants with knowledge on how to obtain the 3 E’s with decision-making processes and objective check lists. The session will focus on the creation of resolution strategies as well as identifying red flag issues to assist in identifying instances where the litigation may be going off the resolution strategy track.
Implementing innovative performance metrics and standards to effectively manage TPA, Defense Counsel and Insurance Company relationships.
The recent events in Ferguson, Missouri and other locations have brought to the forefront issues related to the militarization of local police departments. In Ferguson, police appeared in full raid/riot gear to break-up legal demonstrations and assembly using tear gas against the public and arresting two members of the media for filming the incidents. What potential liability does the city have for the actions of the officers and were there constitutional level violations that might result in Section 1983 liability – both as to the members of the public that were tear gassed and to the media? This panel will discuss the potential legal ramifications of the police response as well as other recent “militarized” police actions. Topics of discussion will also include the rising use of noise flash diversionary devices in executing no-knock search warrants as well as actual examples of police shootings, Tasering, and situations resulting in allegations of the use of excessive force. As part of the panel, an analysis from both a legal perspective and insurance representative handling such claims on behalf of the municipality will be discussed.
Based on decades of experience and real-life successes (and failures), the panel will discuss how the insurer/self-insured, independent adjuster, expert, and outside counsel mobilize and interact as a Rapid Response Team upon receiving the first notice of loss. The panel will explore methods and strategies for quickly finding, collecting, and preserving key evidence; making an early assessment of liability and exposure; and developing a path to a favorable outcome – whether it’s an empathic approach to foster early settlement of a clear liability claim or marshaling the evidence required to successfully defend a no liability claim.
Electronic Discovery or “eDiscovery” in the insurance industry is unique for a number of reasons. Often, policyholders possess significant amounts of discoverable information, and the insurer-insured relationship implicates a number of attorney-client privilege concerns and unique contractual relationship issues. The duty to preserve is also one that is less than straightforward in this context. This presentationl will address these issues as well as the risks associated with eDiscovery in insurance litigation matters and provide unique perspectives from in-house counsel, outside counsel as well as from the bench. It will address recent trends in eDiscovery, including a discussion of Technology Assisted Review or “TAR” and its impact on the significant costs often associated with eDiscovery. Attendees will learn about TAR generally, how it works, what courts have said about it, and what judges expect from parties intending to utilize it.
Over the past several years, a large number of construction defect claims have been brought against contractors for defective construction materials. Historically, the economic loss ruled prohibited product liability claims against the manufacturer of what amounts to a component part of a building for damages in tort. Thus, the economic loss doctrine precluded recovery for purely economic loss, in tort and injured parties were required to pursue their claim in contract, thereby, greatly limiting their potential damages. Products Liability has become an issue because major building portions such as envelope products are not only utilized, but typically installed by a "certified" installer. The question arises as to whether the contractor is responsible for the installed "product." Ultimately, the issue will often come down to whether the contractor is selling a product or performing a service. If the former, issues of product liability (tort) and sales (contract) will apply. If the latter, the issues will be that of negligence or breach of contract. Although subtle, the inclusion of a products claim can provide defenses and limit damages that remove an open ended negligence claim and limit the case to a more manageable breach of contract case which typically includes limited damages. Alternatively, the Product Liability action might ease the plaintiff's burden of proof by removing the need to prove knowledge of the alleged defect.
This presentation will share strategies crafted to reduce corporate exposure to and increase the predictability of the costs and outcomes associated with institutional bad faith litigation, including (1) pre-litigation posturing, (2) procedural safeguards, (3) techniques to reduce discovery costs, and (4) litigation strategies.
This session discussion will identify and discuss systematic strategies which are transforming risk management, and claims operations at key companies across the country. It will also give counsel the opportunity to see what is on the horizon, and how they can keep and retain business. Participants will gain insight from real world statistical models from litigation management and counsel. We will discuss key hall marks of this success, and a road map for those looking to dominate the market as risk managers, insurance carriers, and attorneys.
The ISO CGL 2013 edition “additional insured" and "insured contract" amendments—and other carrier-specific endorsements-- leave many contracting parties in breach of indemnity and insurance procurement requirements. This session will outline the remedies available to upstream policyholders (and their carriers) whose subcontractors or vendors fail to procure the required insurance, as well as examine the consequences for carrier claim handling.
Your success as a risk, claims or litigation manager depends on how well you anticipate and maneuver around unexpected changes in the legal environment. This session will analyze the actions of administrative agencies who impose difficult interface requirements, coupled with prohibitive fines, for imperfect submissions. The group will also examine judicial attempts to utilize the imposition of sanctions to substitute for adjudication on the merits. Participants will explore how these problems are being handled throughout the industry to encourage an exchange of ideas for “best practices” in facing and resolving these significant challenges to claims.
Law firms are constantly being measured for compliance with litigation management guidelines, billing practices, cost of services, cost of indemnity, and timeliness of service. These audits can occur remotely, as a request for a self-audit by the firm, or on-site. This session proposes to address how law firms can adopt a proactive response to all three types of audits and integrate that response into litigation management practices, billing procedures and the maintenance of important law firm metrics to improve audit results as well as law firm and insurance company relationships.
The right of examination under oath is likely the most important right provided to an insurer investigating a claim. This session aims to educate on the practical and strategic nuances surrounding examinations under oath in a variety of claim contexts. The presentation will assist attendees in determining when and how to conduct examinations under oath, and it will explore the legal and logistical issues insurers face in relying on examinations under oath when making claim decisions.
Cyber policies are multiplying, as are data breaches and incidents. There has been substantial attention on remediation during and after a data breach and incident, yet precious little focus on damages prevention or minimization. This session focuses on developing and implementing a loss-prevention assessment and program so that insureds implement practical measures to reduce the potential damages and costs in connection with their risks.
Personal “drones” and quadcopters are growing in popularity, as both a hobby and for commercial use – even in claims investigations for their benefit in securing aerial photographs. But what are the potential liabilities arising from their use? This session will focus on discussions involving: personal injuries caused by hitting someone on the ground, property damage when they fly into something, and potential invasion of privacy or emotional distress claims. This session will also discuss potential coverage of these claims under the personal homeowners’ or business insurance policies.
Maybe owners' attorneys have just had a lucky year or two but several disturbing cases have clearly stretched the boundaries of liability for design professionals. Can an architect really be liable for failing to specify a building material which she DID specify but was rejected by the developer? Can an engineer really have fiduciary liability to a municipality when a project fails due to delays and cost overruns? Can an engineer be subject to sanctions from the SEC if he advised a municipality on the feasibility of a project including financing? Can design professionals be individually liable when they act within the scope of their employment and don't seal drawings? Are these scary situations trends or outliers? This session will discuss these questions and more potential trends.
This session will address the following trends within the frontier known as the Tenth Circuit and how these trends bleed into other jurisdictions. Among these trends are: The significant increase in extra-contractual remedies available to plaintiffs by statute and case law precedent; Common targets of punitive damages claims; and How the Courts view attorney client and work product privilege claims and other objections to this type of discovery. This session will also address steps that can be taken to avoid these pitfalls and mitigate their impact when they do develop.
Some of the most difficult claims, from sex abuse to catastrophic premises accidents, can be quickly closed without payment because of immunity. Some examples of common immunities that should be considered: charitable and religious organizations; landowners are exempt from liability to recreational users; civil immunity exists in many states for persons assisting in cleanup of hazardous material discharge; and immunity exists in many states for firefighters and fire departments for failure to respond or to respond reasonably for the purpose of extinguishing a fire, and for paramedics and volunteers in providing first aid. This session will discuss these examples as well as several additional immunities which should be considered. .
This session will address current issues related to the decision of when and how to split the claims and coverage file with a focus on the effect of bad faith allegations on this decision. The presenters will cover issues such as emerging court decisions on file splitting, when to assign coverage counsel, the effect of file splitting on future claims of privilege, and how to handle the file once it is split.
Think you know everything you need about Cumis? Think again. What you’re missing is scarier than what you are not. This session includes a combination of clients, coverage counsel, and defense counsel to discuss the often-missed issues surrounding conflicts of interest and independent counsel.
There is a widespread perception that civil jury trials are too complex, too expensive and too lengthy. In some ways this is true. Our session will discuss the benefits to an expedited trial, the hurdles involved in conducting such a trial, and a "how to" on setting one up.
Continuing growth in development of the world economy inevitably leads to international litigation. This session will identify the existing and emerging issues in international litigation, including developments in employment law, healthcare insurance, pension laws, intellectual property issues, products liability, tax implications, subrogation, the effects of inversion, and insurance and risk related issues. It will also discuss the application of U.S. or foreign laws, identification of the issues facing insurers and risk managers in international litigation, and the ramifications of those issues.
Contract review is a major responsibility for most risk managers. This presentation will focus on the challenges we have as risk managers and corporate counsel to ensure that there is the right balance between risk retention and risk transfer in order to facilitate the needs of our company. Contract wording for indemnity and insurance sections will be discussed and case studies will be used to highlight the implications of what we include or exclude in those sections.
Incidents involving chemicals and hazardous substances in transit may bring significant liabilities for cargo owners, manufacturers, shippers and purchasers who export these items. In many instances these liabilities are not fully understood.
What is the Fraud Landscape going to look like in 2020? Will we have driverless cars and drones everywhere? How will that lead to insurance fraud, and how can we be prepared to combat it? What technical advances will be available for investigations and how will the law handle these changes? Is the answer, my friend, blowing in “the cloud”? Topics pertaining to the new and expected areas of fraud and investigation will be discussed with exciting and informative videos to illustrate new methods and issues such as driverless cars and the use of drones by fraudsters and investigators. Additional discussion on the use of Voice Stress Analyzers, Advancements in Black Box technology, and the next wave in medical fraud will be addressed. An insightful discussion on how the courts, and legislatures will deal with the changing techniques and privacy issues will engage all attendees.
For successful case and litigation management in workers’ compensation, all the players, including the employer, broker, claims adjuster and defense attorney, need to be working from the same playbook. With a team approach, everyone knows his or her role and communicates to each other team member clearly for the common goal of limiting exposure, reducing costs, and closing claims. But who defines the rules of the game and who are the star team members? What are their roles and how should they best interact to benefit the ultimate goal? This presentation l will provide a current outlook on balancing the interests of the employer, broker, claims adjuster and defense counsel. The audience will be able to recognize the issues and challenges that can arise among the team members, and gain an understanding of the value and real cost savings of a positive relationship among the members of the team. Audience members will learn how to create a more effective team approach and provide a winning outcome toward achieving the claim and litigation management goals.
Everyone welcome – you do not need to be a current committee member to attend.
Get your swagger on and step back to the 1950s/60s for a fun evening of classic drinks, cocktail party treats and the swinging sounds of our Rat Pack band. If you’re lucky, you may even bump into Marilyn Monroe or Frank Sinatra.
We're living in a time of rapid technological innovation. Changes just keep coming — new technologies, the mash-up of technologies, new uses for these technologies, new competition, and changing customer behaviors and expectations that demand new products and services. As an industry, we must rethink how we respond to and embrace innovation and new technologies. This session will take a a look both an inside and outside the industry at the disruption, transformation, change and use of new and emerging technologies such as the Internet of Things, Big Data, Cloud, Drones, Gamification, 3D printing, wearable devices and many more technologies reshaping the insurance industry.
Every day, the borders between countries become more permeable, resulting in the need to reach across borders to defend and handle claims and litigation. While there are apparent logistical challenges involved, the challenges in communication between two very different cultures are equally if not more important. This session will feature presenters who will discuss how differences in communication style can hinder effective claims management and in the alternative, what each party needs to know in order to communicate effectively with one another.
Clients demand predictability in legal expense, consistency in work product, and a lawyer who thinks about legal problems as business problems. We’ll look at how the systematic approach of Legal Project Management (LPM) can help lawyers, clients and carriers each find more litigation success. Beyond some basics about what LPM is and how it’s changing legal service delivery, this session will challenge each participant to build on real world examples as we explore the potential impact of disciplined scoping and planning of litigation assignments.
This session will discuss risk transfer and how to serve and obtain jurisdiction on foreign manufacturers and their Insurers when seeking defense and indemnity.
This session is a discussion of the development of significant environmental issues in 2014 from the perspectives of an environmental lawyer, insurance broker, and environmental engineer. The environmental developments include the following topics: (1) CERCLA update, specifically: 2014 US Supreme Court decisions and Circuit Court opinions; (2) US EPA proposed new regulations; and (3) developments in various states, including: California’s new Maximum Contaminate Levels (MCLs), AB 440, Green Chemistry Initiative, and Proposition 65 amendments.
This session focuses on the top ten difficult deposition issues typically encountered utilizing case examples, including those involving witnesses, documents, privilege and investigations, suggested resolution and preparation techniques to avoid a bad result. This session guarantees that participants will be more knowledgeable on the precise preparation needed to have a good outcome and avoid the potential disasters that can occur at deposition and, as a result, at trial.
Litigation involving food, pharmaceuticals and medical devices continues to be a lucrative practice area for the plaintiffs’ bar. Predicting the next wave of these high value, high cost actions is essential to defense efforts to curtail and defeat them. This session will provide insights into litigation on the horizon, including products that will be in plaintiffs’ sights for years to come, amazing developments and possible litigation pitfalls in additive manufacturing and products utilizing augmented reality applications, as well as actions involving state and local governmental entities directly targeting drug manufacturers and distributors for alleged illegal marketing practices.
We are in a new world of insurance claims and exposure. From large retailers having security breaches to whether a standard homeowner’s policy covers loss of bit coins, these are all unanswered questions facing insurers. This session will explore the emerging world of cyber liability claims from the standpoint of risk exposure, claim adjustment, coverage analysis and even the potential for cyber fraud.
This program will review and discuss best practices in dealing with outside defense counsel including: the carrier’s perspective and the law firm’s perspective on what works best and what does not. This session will include detailed discussions/debate on mechanisms to improve relationships by better budgeting, application of litigation management guidelines, billing formats and various mechanisms of auditing with a focus on protecting the attorney/client privilege.
This session will focus on practical considerations for deciding whether to split the claims/coverage file when there is a coverage issue or an allegation of bad faith including best practices for implementing a "split" once the decision has been made. Topics that will be addressed include spotting potential conflicts early and at every stage in the life of a case; whether an insurer has a duty to split the file; factors to consider in deciding whether to split the file; implementing the decision to split the file including the establishment of a firewall and a protocol governing communications between liability and coverage professionals; alternatives to file splitting; and, a brief update of the most significant and current case law relating to these issues.
This session will examine current issues in employment practices litigation. It will focus on best practices when faced with challenging claims involving a combination of hot button topics including accommodating mental and cognitive disabilities, discrimination in the aging work force, retaliation and harassment. The session will also cover pre and post lawsuit claims handling and evaluation, available defenses, and recent developments in the law.
Failure to settle a case within policy limits can have catastrophic effects for the insured and the insurer, and recent cases have significantly changed the landscape concerning the duty to settle. The old rule that an insurer only had a duty to respond to a settlement demand within limits is being overhauled by courts that have concluded that "a claimant's interest in settlement" is enough to trigger a duty while others now seem to require the carrier initiate settlement discussions when necessary to protect the insured, even without a demand. The session will discuss these changes and discuss the best strategies for avoiding situations where a failure to properly respond to settlement opportunities can lead to extra-contractual exposure. Topics will include how to identify when a duty to discuss settlement arises; how best to communicate with the insured and the claimants; the role of the claims person and the role of defense counsel; and how claims professionals should respond to such situations, both internally and with other stakeholders.
Defending general liability and workers’ compensation claims is a tough business. Doing so is getting more expensive and exposure on the more serious and older cases can be enormous. This does not mean, however, that you cannot learn a lot about defending workers’ compensation and general liability claims in a humorous and interesting way. This session will show you that you can learn some incredibly helpful techniques in claims simply from watching popular Hollywood movies.
This session will call upon the participants to critically examine conventional models for risk management and human resources and their respective programs for addressing employee benefits. Historically, benefits programs have been managed through human resources and risk management issues have been handled by risk management in separate and discreet worlds. Rarely do the two communicate and there is very little coordination among the siloed functions of these inter-connected areas. Program efficiencies and cost savings result when the two functions are integrated to address employee illness and injuries, which require treatment, regardless of whether they are work-related. Technology, services, and healthcare advancements available today allow improved employee outcomes and cost savings for those who implement an integrated program. This session will discuss best practices for developing an integrated approach to meet the needs of these two related areas in the efficient and effective delivery of benefits and for designing programs for use in an existing siloed management structure. The session will share examples of how integrated programs produce improved outcomes for the employee with medical recovery and return to work, along with increased efficiency and cost savings for the employer.
Companies, Insurers, Third Party Administrators, and Law Firms are better prepared to review and discuss case outcomes, strategic case handling and the exchange of emerging practices and trends in litigation management. The discussion will be an interactive look at methods and metrics used from the Risk Manager and Insurer/ TPA perspectives, to ensure all are focused on quality, effective outcomes and ultimate value and success.
The 2015 CLM National Litigation Management Study will commence in November of 2014, this panel will identify key Study observations and trends. Panelists will include members of the Study's Steering Committee. Audience members will gain a greater understanding for industry trends, learn what initiatives industry executives are focused on for 2015, and be able to identify emerging areas of value and importance to their colleagues and customers.
CELEBRITY HOME TOUR
Travel through the beautiful city of Palm Springs, California, and learn history and facts about the playground of the stars. Your entertaining guide will drive through the famous neighborhood of Las Palmas, regale you with stories and play a fun and often hilarious game of "Guess The Stars Homes." This area is comprised of all custom homes and boast an amazing collection of fascinating architecture including the popular mid-century modern homes in such great demand today.
Incorporated in 1938, Palm Springs has a rich and colorful history. Once a tent city serving as a sanatorium...learn how Palm Springs became the playground of the rich and famous. Did you know Palm Springs had at least two other names before it was finally dubbed Palm Springs?
Your professional guide will treat you to dozens of celebrity homes all right in the City of Palm Springs. Your guide will add fun and spice with stories and vignettes...and maybe a secret or two along the way. Why did Hedy Lamarr, Bob Hope, Bing Crosby, George Reeves and Dorothy Lamour all live on the same street?
Elvis Presley not only honeymooned here but also owned a lovely estate where he and his "posse" could enjoy the warm and dry desert weather. Frank Sinatra built "Twin Palms" and is buried locally. Dean Martin, Liz Taylor, Dinah Shore, Liberace, Ronald Reagan, Frederick Lowe, Zsa Zsa Gabor, Alan Ladd, Debbie Reynolds, Marilyn Monroe...and dozens more came to bask in the warm sun and soak in the free and easy desert life style.
Since some residential streets in Palm Springs are closed to large buses, we use smaller less intrusive mini-coaches that are free to roam narrower streets and have complete access to all city roads.
So, whether you are interested in local architecture or history...or just want to have a great fun, relaxing time...this tour is for you!
The most interesting place to hike from the JW Marriott would be the Coachella Valley Preserve. It is right on the San Andreas Fault an has lots of Palm Tree Oasis as well. The highly trained naturalist guides will provide entertaining commentary for the tour, hotel pickup and delivery, and refreshments to insure that your hike with be a memorable and enjoyable experience. Our guides are experts in local geology, Indian culture, plant and animal life, the celebrity tradition, current trends, and modern settlement. Feel free to ask questions and enjoy the one of a kind natural beauty that the Valley has to offer.
Join us for a 4 hour guided tour.
Motorcycle license is required.
The diversity of the beautiful world of nature leaves much for guests to explore. Since 1970 this facility has grown from a simple network of nature trails into a major visitor attraction. It is also a nationally recognized plant and animal research facility, a preserve for endangered species and a wildlife refuge. During your free time, you'll explore acres of gardens and encounter the desert's natural habitats. The reserve also features exhibits on Indian history and geology, a walk through aviary and desert animal exhibits, and the magnificent "Eagle Canyon" for an up close look at some of the desert awe inspiring predators. The Village Watutu Area is an exquisite interpretation of the African desert village, with incredible enclosures and animals. Be sure and watch for a "Critter Close Up" where you can get up close and personal with trainers and some of the desert's less fearsome inhabitants.
Guests will board open air Hummers and begin their journey into the Colorado Sonoran Desert and the San Andreas Fault. The first stop in this Wilderness Preserve is a guided interpretive nature walk into one of the world's largest Oasis. You willl trek through a palm lined trail and over the San Andreas Fault on a bridge where you can see how colliding tectonic plates force water to gurgle out of the ground. This preserve is rich in natural and geological history and Native American and Early Pioneer history. You will step inside a palm log cabin built by one of the first settlers of the area.
Guests will re-board the Hummers and travel along an old goldmine trail into one of the oldest and historic canyons in California. Your narrated off road journey ascends about 4000 feet above the desert floor through beautiful canyon walls of granite. These rock formations have remained virtually unchanged for thousands of years. In this Canyon is where wildlife lives like bighorn sheep, coyotes, golden eagles and desert reptiles. You transition into the Mojave Desert where you take a guided nature walk in the mystical Joshua Trees and along the backside of Joshua Tree National Park. Here you will be looking into the park from the rim of an ancient volcanic basin with view of the Salton Sea and on clear days, the mountains of Mexico. Dress is casual, pants or shorts, closed-toe shoes advised, sweater or jacket. Layered clothing always works well and don't forget your hat and camera.
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