Schedule/Sessions
SESSION 1 - Hottest Bad Faith Topics from Around the Country
- Speakers:
Christopher Carucci, Gallagher Bassett Services, Inc.
George Jackson, Bush & Ramirez, PLLC
Kimberly Perkins, RRM, Inc., subsidiary of Ark Syndicate
Howard Wollitz, Charlston, Revich & Wollitz LLP
Harrison Yoss, Thompson, Coe, Cousins & Irons LLP
Bad faith lawsuits against insurance carriers place unique pressure on companies and the attorneys they hire to defend such cases. Attorneys for plaintiffs continue to push the envelope to create liability against carriers. Recently, the topics of bad faith for failing to initiate settlement offers in situations where there is no demand, bad faith liability without an underlying breach of the insurance contract, and institutional bad faith have presented new challenges to insurers and the attorneys who defend carriers in bad faith litigation. The session will be focused on presenting information and strategies to handle such situations.
Back to topSESSION 2 - Personalizing the Insurance Carrier in Bad Faith Litigation…Putting a Face on the Company and Avoiding Being Branded as the Uncaring Corporate Monster
- Speakers:
Jill Mercer, Nationwide Insurance Company
Matthew J. Smith, Coalition Against Insurance Fraud
Miranda Soto, Buchanan Ingersoll & Rooney
Jennifer Wojciechowski, Community Association Underwriters of America, Inc.
Why do insurance carriers lose bad faith trials before juries? The question is crucial and the answer difficult. Reality is it can be for a number of reasons but one of the pitfalls is the insurer being painted as the corporate giant against the insured. No one is really talking about how we can prevent or minimize insurance carriers from being viewed as uncaring large organizations. In this program, we will address how we overcome. Specifically the panel will address all aspects of the case from “setting the theme” by using the Company’s own vision statements, advertising mottos and the like to show how that was applied to the claim. Consideration of who serves at the corporate representative at the trial, innovative approaches to jury voir dire, opening and closing statements, and even demonstrative exhibits will all be addressed to maximize the ability at trial to show the insurer acted ethically, properly and made the correct claim decision.
SESSION 3 - The Right of Reimbursement - Can Counsel be Forced to Disgorge Uncovered Defense Payments?
- Speakers:
Alan Freisleben, Freisleben Law Group
Jeanette Hernandez, Unemployed
Robert T. Johnson, Catalytic Claims Services
Robert Olson, Greines Martin Stein & Richland LLP
From virtually the dawn of insurance time, insurers, attorneys, and of course, the courts have struggled with how to equitably balance competing interests which arise when a suit triggers a duty to defend, but also contains counts, causes of action, or legal claims which inarguably are outside the ambit of coverage. It would seem that some sort of mathematic apportionment would suffice to resolve the issue, but that is not often the case as work and expense by counsel is generally, and even properly, overlapping.
The evolving trend has been to have a full defense be provided to the insured by the carrier, and then an apportionment and reimbursement made at case’s end. This places the carrier in the position of being an involuntary lender of defense expense, with no certainty of an actual, rather than a theoretical, right of recoupment.
It is, of course, easier, when the insured has dual counsel, one paid by it to pursue affirmative claims, and a separate counsel to provide a defense to a cross or counter claim.
It is more complicated when independent counsel selected by the insured is defending the claim, and when the defense costs skyrocket. Our panel supplies some answers and guidance.
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Keynote - Ready, Aim, Hire!
The pace of change in the world around us is at an all-time high and it’s only getting faster. With many emerging trends in technology, innovation, consumer expectations and the law, remaining status quo is simply not an option. Glenn Shapiro joins us to talk about how claims organizations and claim professionals must get ready by raising their level of awareness of trends that will impact the industry, build strategies aimed at where things are headed, and implementing new approaches to hiring and mobilizing the workforce.
Back to topSESSION 4 - Walking the Line: When Fraud Investigation Crosses Over to Bad Faith: How Aggressive is Too Aggressive?
This panel discussion will take real life examples of fraud investigations that have arguably crossed the line, creating bad faith exposure for carriers and individual liability for SIU and claims professionals. The panelists will emphasize the importance of maintaining a proper balance when investigating questionable claims and discuss what checks and balances need to be in place to maintain an unbiased perspective. Participants will be asked to join in the discussion and examine how specific scenarios may impact adjuster code of ethics and unfair trade practice laws. The panelists will additionally identify appropriate steps to be taken to aggressively fight fraudulent claims through civil and criminal prosecution and discuss the need for appropriate and open communication and cooperation with state insurance fraud bureaus, the NICB and local and federal prosecutors.
Back to topSESSION 5 - Why Can't We All Just Get Along? Bad Faith in Excess Policy Claims
- Speakers:
John Graham, RSUI Group Inc.
Jo Allison Stasney, Thompson, Coe, Cousins & Irons LLP
David Tartaglio, Musick, Peeler & Garrett
R. Wade Vandiver, Vandiver Law & Mediation, PLLC
The presentation will address third-party bad faith issues in claims involving excess policies, both from a legal standpoint (addressing various jurisdictions’ theories of bad faith liability) and a practical standpoint. Specific areas to be discussed include duties that may be owed between primary and excess insurers, as well as duties that may be owed between the insured and the excess carrier. The issues touched upon include notice to the excess insurer, settlement issues, control of the defense, policy limits demands and tenders of limits, differences in opinion on coverage, disputes over valuation and liability, and how these issues can lead to a bad faith claim.
No Learning Objectives Available
