2017 CLM & Business Insurance Retail, Restaurant & Hospitality Conference
Premier Session I - Rules of Engagement - Active Shooter in Retail, Restaurant and Hospitality
Marsha Bonner, RLJ Lodging Trust
Lance Ewing, Cotton Holdings, Inc.
Jeffrey Mahon, AIG
Ty Sheaks, McCathern, PLLC
An Active Shooter event is rare, random and unpredictable. But statistics show that over 40% of previous active shootings occur in restaurant, retail and hospitality venues. Having an active shooter plan is the bare basics. Do your employees know how to survive a shooting event? Will your guests or customers know what to do? Will your company and its reputation survive the aftermath? This session will be an interactive forum to glean best practices and responses to an active shooting occurrence. Are you ready to engage?Back to top
Session I - Engaging Both Old and New Methods to Resolve Cyber Breach Claims
R. Damian Brew, Marsh
Edward Finn, Mullen Coughlin
Gina Macari, Willis Towers Watson
Jeffrey Schermerhorn, Willis Towers Watson
Privacy and data breaches dominate the media. Unlike a traditional liability scenario, the insurance coverage comes into play long before a claim is asserted. Data breaches, privacy breaches, and business interruption loss from cyber events are complex and expensive. They also present new issues and challenges regarding resolution of the claim or loss. Understanding and managing the moving parts of a data breach require some new tools and skills. This session will explore how to most effectively engage both old and new methods to handle the crisis. As well as explore what happens after the dust settles in the aftermath.Back to top
Session I - Just Keep Swimming -- While Avoiding RWIs
Gaylee Gillim, Kentucky Kingdom, LLLP
Kari Jacobson, La Cava & Jacobson, P.A.
Allison Stock, Rimkus Consulting Group, Inc.
This session features Dr. Allison Stock discussing trends in recreational waterborne illness (RWI) and prevention strategies to keep your guests safe when enjoying a water feature on your property. A guest going home with a rash (or worse) from the hotel swimming pool is not a way to enhance the reputation of your hospitality business. RWIs can present as diarrhea, rashes, ear infections, respiratory infections, and chemical exposures. The US Center for Disease Control and Prevention (CDC) found in 2010 that one in eight commercial swimming pools were closed immediately for public health code violations and among those, hotel and motel pools ranked second behind day care/child care facilities. Even in properly maintained swimming pools and hot tubs, RWIs can still occur.Back to top
Session I - Strategic & Practical Liability Insights from Historic Hotel, Restaurant, and Nightclub Fires
Jeffrey Fischer, AXA XL
Dean Rauchwerger, Butler Weihmuller Katz Craig LLP
Tom Young, Rimkus Consulting Group, Inc.
This interactive presentation will discuss major, historic fires to highlight recurring causes and how failures of fire suppression and safety systems exacerbate damages. We will emphasize the liability proof, defenses, forensic methodologies, and practical strategies addressing liability issues and for developing subrogation recoveries for insured and self-insured losses. The case studies will focus on the fire cause and fire protection system failures due to, among other things, inadequate maintenance, construction defects, improper modifications, and impairments. Also covered will be effective forensic investigation methods and legal strategies for litigating, with special emphasis on developing hotel, restaurant, and nightclub fire subrogation recoveries.Back to top
Session I - The Good, The Bad and the Ugly: Strategies for Addressing Social Media Use by Customers, Companies and Employees
Rob Behnke, Cracker Barrel Old Country Store, Inc
Melanie R. Cheairs, Lorance Thompson, P.C.
David Marshall, Marriott Vacations Worldwide Corporation
Christopher Page, Young Moore and Henderson, P.A.
The availability and breadth of social media has turned everyday customers and guests into critics and provides a worldwide platform from which to comment on the customer or guest experience and company personnel performance. This experienced panel will explore the benefits and pitfalls of using that platform in reply.Back to top
Session I - The Ups and Downs of Defending Conveyance Claims
James Eiler, Murchison & Cumming, LLP
Nancy A. Johnson, Hilton
Scott Schroeder, Self Employed
Learn from this panel discussion regarding elevators, escalators, and other conveyance apparatus. Discussion will include a look at mechanical oversight such as operations, maintenance, and compliance issues; claims management issues such as investigating and handling claims as they arise; and defense recommendations including how to respond to and defend conveyance cases with emphasis on risk transfer, preparing the case for early resolution, and trial.Back to top
Session II - Evaluating the Broadening Use of Prescription Marijuana Related to Workers' Compensation Claims
Carla Kinslow, Rimkus Consulting Group, Inc.
Nick Lanza, Lanza Law Firm, P.C.
John Ramirez, Bush & Ramirez, PLLC
Driven by a growing body of research that indicates chemicals in marijuana can be used to successfully treat a variety of symptoms and diseases, researchers are conducting several clinical studies evaluating the therapeutic effects of marijuana-based compounds. Many patients with chronic pain attribute the origin of their disease or suffering to a work-related incident that may be covered by a workers' compensation claim. The insurance industry is struggling with how to legally and fairly handle such claims when marijuana (Federally illegal, Schedule 1 drug) has been recommended to treat the patient. In addition, there are at least 10 drugs on the market that are based on the main psychoactive components of marijuana and the research in this field is exploding. This presentation will cover the possible future uses of marijuana in treating a growing number of medical conditions that have the potential to affect how workers' compensation claims are handled.Back to top
Session II - In The Line Of Fire - Handling A Shooting Before & After It Takes Place
Orville Paul Dunagan, Sarles & Ouimet
Stacy Fulco, Bodell Bove Grace & Van Horn PC.
Donna Simms, Albertson's LLC
The increase is mass shootings around the country creates an especially difficult issue for retail, restaurant, and hospitality businesses because what amounts to “reasonable foreseeability” of a shooting is unclear. This panel includes two defense attorneys who handle such cases, an in-house claim manager who handles similar claims, and a security expert who has spoken often on this topic and acted as an expert in litigation. Engage with a discussion on this topic from the perspective of how a company and its defense counsel can address a shooting situation both before and after it takes place.Back to top
Session II - Negligent Security - Early Crime Scene Management
Katrina Lindsey, Office Depot, Inc.
Daniel Loo, Telgian Engineering & Consulting
Kristy McPherson, Invitation Homes
Joseph P. Menello, Wicker, Smith, O'Hara, McCoy & Ford, P.A.
Every day we see evidence of more violent crimes at businesses throughout our country. Often, those businesses and their insurers are unprepared for what to do immediately following an incident. This session will focus on how to handle that immediate response, including the media, the employees, law enforcement, and family and friends of the victim. This session also will provide practical insight into the gathering and preservation of evidence in order to assist in the event a claim is filed. It is this early initiative that often can make the difference in evaluating and defending these difficult and potentially expensive claims.Back to top
Session II - Preserving Evidence -- What Restaurants and Retail Establishments Need to Know Before the Accident Happens
Amy Bader, Chico's FAS
Angela Blanch, Next Level Administrators
Carly Falgout, Bear Mediation
Michelle Gessner, The Law Offices of Michelle Gessner, PLLC
Tammy Gregory , Publix Super Markets, Inc.
This interactive session will step through everything you need to know for effective and appropriate evidence preservation within restaurants and retail establishments using recent case law illustrations and trends. Panelists will outline instances in which evidence preservation may be required and highlight exactly what type of evidence to preserve. Possible consequences for failing to preserve evidence will be discussed.Back to top
Session II - What Does a Cyber Policy Cover -- The Overlap Between Cyber and Traditional Insurance
Cyber perils have migrated beyond the simple privacy breach to disruptions of supply chains and from ransomware to being the proximate cause of damage to tangible property. How and where to start untangling the knot of facts, circumstances, and most importantly, costs, is new territory for the insurance industry. To complicate matters, the various lines of coverage that might respond to the myriad losses is no longer clear. This session will explore not just the basics of cyber insurance, such as what is covered or can be covered by a well-negotiated cyber policy, but also the mechanics and underlying philosophical and legal implications of a claim or loss that triggers multiple lines of coverage.Back to top
Session III - Straight Talk In Risk Management - What Keeps You Up At Night?
Lisa Dillard, Dave & Buster's
Dorina Hertner, 7-Eleven, Inc.
Tesha Hollis, Home Depot U.S.A., Inc.
Julie Price, CAVA + Zoe’s Kitchen Restaurants
Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP
Spend some time talking with the best in the business discussing their hot topics. In this interactive discussion the panelists will explore the most difficult challenges they face today in their roles as risk managers and how they tackle those issues. The moderated discussion will encourage audience members to help formulate ideas to assist in becoming the most effective resolution managers possible.Back to top
Session III - Striking A Balance for the Efficient Management of Claims and Litigation
J. Ryan Johnson, Hub Group
Felicia McDonnell, HUB International
Stuart Mintz, Self Employed
Lynn Rivera, Resnick & Louis, P.C.
The more sophisticated that our industry has become, the more specialized the roles we take on, sometimes resulting in an increase in the number of people and departments handling a claim pre-suit and in litigation. Has this trend reduced the average time a claim/lawsuit is open? What do the metrics tell us and is this consistent with our personal experience? Are we becoming super efficient, or are we at risk of overloading the structure so it will fail? Learn the critical lessons that can be applied industry-wide no matter the size of the claims/lawsuit inventory. Hear from our experienced panel that includes the perspective of two in-house managers of claims and litigation from two different national retailers, as well as from a national TPA and an outside counsel for retail and hospitality clients.Back to top
Session III - The Retail Practitioner's Toolbox in the Brave New World of Science and Technology
Scott Bermack, Weber Gallagher Simpson Stapleton Fires & Newby LLP
Brian Cafritz, Kalbaugh Pfund & Messersmith PC
Jacob A. Moreno, Qualitas Insurance Company
Renee Ramirez, American Airlines
From biomechanics to investigative social data mining, defending retailers in premises liability cases requires a thorough understanding of the client's claim resolution philosophy and the skills to accomplish the stated goals. The retail defense practitioner's toolbox must include cutting-edge claim handling knowledge and ready access to trial-tested liability and damage experts. This session will allow attendees to benefit from the presenters' 65 combined years of experience.Back to top
Session III - The Walking Dread – Criminal Acts of Third Parties Creating Liability for Bars and Restaurants
Claire Boxer, Robertson Taylor International Brokers, Inc.
Francis Murphy, State College of Florida
Carmelo Torraca, Self Employed
This presentation takes on the seriousness of victims' rights claims and injuries and how they affect the restaurant and bar industry. Negligent security claims and lawsuits result in some of the more severe damages arising out of a toxic mixture of entertainment, security, alcohol, and general criminal principles. The panel will take an expert review of a negligent security claim, recommendations to protect the bars and restaurants, and in today’s environment of soft-target shootings, a realistic approach toward prevention and risk management. When the barbarians are at the gate and the dead are coming alive, how can we make sure that everyone goes home after the night’s event?Back to top
Session III - Transgender Employees & Customers: Practical Considerations for Managing Risk & Politics
Jennifer Ingram, Sally Beauty Holdings, Inc.
Michael Lowry, Wilson Elser
Holly Marie Wilson, Reminger Co., LPA
Managing a workforce including LGBT employees and interacting with LGBT customers can create risks for even the best intended organizations. Organizations need to be cognizant of their legal obligations to employees and guests, or risk claims. This panel will discuss handling day-to-day issues in the workplace, such as employee bathrooms, time-off for and communications about gender transformations; and how to handle harassment and retaliation issues that may arise. Join this panel for practical advice to help retailers and claim professionals traverse the myriad of obstacles faced in the modern workplace.Back to top
Premier Session II - Marijuana and the Employer – Navigating the Evolving Risk Landscape
Pam Colpoys, Ashford, Inc.
Patrick Foppe, Lashly & Baer, P.C.
Nancy Green, Aon
Carla Kinslow, Rimkus Consulting Group, Inc.
Session IV - Balancing the Pros and Cons of Automation in the 21st Century
Deborah Denenberg, Self Employed
Louis (Ray) Wood, Rimkus Consulting Group, Inc.
Raymond Zale, NorASIA Consultancy & Advisory
This session will highlight the increased use of automation technology and the role, both pros and cons, of that technology to cut labor costs, reduce claims and losses, assist with compliance with government regulations, and increase efficiency and convenience for the customer. The panel of experts will guide the discussion tailored to the retail, restaurant and hotel industry.Back to top
Session IV - Controlling Medical Costs Following Employee Injuries
Laurie Frey, Kohl's
Kristin Keenan, Aon
Guy Maras, Hennessy & Roach P.C.
Kathryn Tazic, Sedgwick
One of the downsides of improved medical treatment is the increased costs of professional services, diagnostic studies, opioids, compound medicines, steroids, diagnostic testing, physical therapy, chiropractic treatment, and the obligations to protect the interests of Medicare. Our panel brings together a cross-section of professionals who manage claims from a variety of perspectives and will provide case studies that exemplify effective case management while controlling medical costs. Together they will explore the importance, as claims are filed, of an effective management team who can develop strategies to maintain medical costs while honoring the commitment to provide necessary treatment to injured employees. It not uncommon for an employer to have varying, if not conflicting, options based upon the jurisdictions of their locations so the panel also will discuss how those differences can impact strategy.Back to top
Session IV - Discovery in the Realm of Doctor’s Liens and LOPs
Jaime Baca, Wicker, Smith, O'Hara, McCoy & Ford, P.A.
Edward Hernandez, Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A.
Lauren McBride, Publix Super Markets, Inc.
James David Satterfield, Darden Restaurants Inc.
There is an alarming trend in premises liability cases where plaintiffs are treating under letters of protection resulting in inflated damages. In order to properly evaluate and defend these cases it is important to be familiar with discovery practices aimed at facilities and doctors, billing and coding experts, and techniques that work at trial to help jurors decide these cases fairly. This presentation will explore the current trends in LOP cases and effective strategies to deal with them in discovery and trial.Back to top
Session IV - Standard Operating Procedures for Indemnity Claims Management in Retail, Restaurant and Hospitality Litigation
Lance Ewing, Cotton Holdings, Inc.
Jennifer Marino, Litchfield Cavo LLP
Sanford R. Topkin, Topkin & Partlow, PL
The purpose of this session is to discuss indemnity issues from three different perspectives: risk and claims management level; defense/litigation perspective; and analysis of how to subrogate and recoup losses. Together, the panel will follow the chronological evolution of a claim where indemnity issues exist. First, they will explore the importance of the investigation when an accident happens and provide analysis as to the tools and training necessary for those individuals handling claims to discover indemnity issues early on. Next, once a case goes into litigation, other elements should be considered, including: third party practice, ensuring that you do not lose sight of what is important, prosecuting the indemnity issues, protecting client’s business relationships, and best practices in resolving cases while being sure to preserve the right to indemnity. Finally, the panel will address subrogation. Specifically, a discussion of vendor agreements, contracts review, language, and relevant case law on a state-by-state basis in indemnity agreements.Back to top
Session IV - Wage and Hour Pitfalls and Solutions for Retail, Restaurant and Hospitality Employers
Angelo Amador, Restaurant Law Center
Matt Anderson, Matt Anderson Law PLLC
Somer Jefferiss, Datamatics Management Services Inc. - a Kronos Company
Machua Millett, Marsh
Effective management of staff wages and hours in the retail, restaurant, and hospitality industry is an exercise in diligence, even before recent white collar exemption changes. A panel of experts will dissect the wage and hour legal/regulatory environment and suggest a plan of action that meets both employer goals and the letter of the law. Consideration will be given to issues around lunch and break laws; show up pay laws as outlined by state; and paid sick leave laws (applicable for states, municipalities and federal contractors). Claims examples will be shared specific to retail, restaurant and hospitality employers. The panel also will share specific recommendations to help avoid claims, such as time tracking tips and technology solutions, and discuss solutions to address claims should they arise.Back to top
No Learning Objectives Available