2018 CLM Southeast Conference
- Schedule/Sessions
- Speaker Bios
- Hotel Accommodations
- Attendees
-
Handouts
CLAIMS & LITIGATION - SESSION 1 - Being an Expert, When It Comes To Finding An Expert Download CLAIMS & LITIGATION - SESSION 2 - Employing Technology to Transform Claims Efficiency Download CLAIMS & LITIGATION - SESSION 3 - Stop. Collaborate and Listen: The Value of Effective Communication among Insurance Professionals and Outside Counsel Download CLAIMS & LITIGATION - SESSION 4 - Untapped: Developing the Diverse Talent Pool and Helping Them Swim Download ENVIRONMENTAL - SESSION 1 - Regulating Odor as a “Contaminant” Download ENVIRONMENTAL - SESSION 3 - Weathering the Storm – Effective Mitigation Tools for Environmental Crisis Management Download ENVIRONMENTAL - SESSION 4 - Lead in Drinking Water: Should you be Worried? Download INSURANCE FRAUD - SESSION 1 - A Portrait of Fraud: Are Insurers Properly Recognizing the Graying of America Download INSURANCE FRAUD - SESSION 2 - A Tale of Two Rooftops: A Panel Review of Two Affirmative Action Fraud Lawsuits Download INSURANCE FRAUD - SESSION 3 - Don’t Worry...It’s Just a Two-Day Long Deposition! Preparing Your Corporate Representative for Deposition in a Fraud Case Download INSURANCE FRAUD - SESSION 4 - Water Losses are the New Arson Download INSURANCE FRAUD - SESSION 5 - The Family Jewels: Minassian Style Download MUNICIPAL LAW - SESSION 1 - Public Perception of Municipalities in a Post-Ferguson Environment Download MUNICIPAL LAW - SESSION 2 - You Can't Fight City Hall (or Can You?): Municipal Liability for Retaliatory Arrest After Lozman v. City of Riviera Beach Download MUNICIPAL LAW - SESSION 3 - Balance on the Playground? While Public Opinion of Law Enforcement has been Sliding Downward, Qualified Immunity may be on the Upswing Download MUNICIPAL LAW - SESSION 4 - False Arrest v. Malicious Prosecution: Practical Defense Tips and Coverage-related Aspects Download PROPERTY - Arming Witnesses to Battle Bad Faith, One Deposition at a Time Download PROPERTY - Here Comes the Sun: Natural Disaster Property Claims and Subrogation Techniques Download PROPERTY - The Hidden Danger: Fireplace and Chimney Fires Download PROPERTY - Unique Property Claims Download SUBROGATION - SESSION 2 - Xactly How Can Xactimate and Other Cost Estimating Tools Assist Property Adjusters and Subrogation Professionals in the Preparation of Damages Download SUBROGATION - SESSION 3 - The Top Ten Subrogation Mistakes Carriers Keep Making Download SUBROGATION - SESSION 4 - Paying It Forward in the Subrogation Context... Download SUBROGATION - SESSION 5 - Dividing a Pot of Gold Download - Keynote Speaker
- Sponsors
Schedule/Sessions
Claims/Litigation Management - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Claims/Litigation Management - Session 1 - Being an Expert, when it Comes to Finding an Expert: How Finding a Technical Expert Early Will Help You and Your Client
For larger claims, especially construction litigation matters, finding the appropriate technical expert early in the case is critical. Whether it’s a fire, structure collapse, metal fastener failure, or an industrial equipment accident, how do you know what type of expert to call? Where do you go to find them? What happens if your go-to expert is conflicted out of the case? This panel will discuss the difficulties associated with the search for a scientific or engineering expert; as well as, how to find the most appropriate person or team for the job.
Takeaways:
- Be An Innovator. Find innovative solutions and to take them to your organization. Rather than waiting for your clients to request a change, work with your clients to co-create and drive innovative ideas. By making investments in people, process and technology you can drive innovation and increased value.
- Change Management Can Be Tough. Getting teams to work outside their silos and engage in a forward-thinking proactive approach to understand the organizational goal makes the hard work all the more worth it.
- Collaborate for Success. Discussing challenges being faced within the firm or within the carrier’s workflow opens the door to improving outdated process, can save costs and result in stronger partnerships. Not only might you find that you increase profits and retain clients, but you might also gain new business in the process.
Claims/Litigation Management - Session 2 - Employing Technology to Transform Claims Efficiency
- Speakers:
Patricia Farve, Crawford Global Technical Services
Jay Patton, Taylor English Duma LLP
Melanie Pita, Ontellus
Technology enablement and automation are being applied to traditionally manual and time-consuming tasks, impacting the claims and litigation industry like never before. This session will focus on the specific technologies that are being applied, the benefits that early adopters are experiencing, and how they are transforming the claims management process.
Back to topClaims/Litigation Management - Session 3 - Stop. Collaborate. Listen: The Value of Effective Communication Among Insurance Professionals and Outside Counsel
- Speakers:
Jeremy W Richter, Webster, Henry, Bradwell, Cohan, Speagle & DeShazo, P.C.
Jaymi Rodgers, Brotherhood Mutual Insurance
Jennifer Romig, Emory Law School
Jennifer Romig (Emory University Law School) will present information on the HURIER listening framework and moderate a discussion among the other panelists about how listening and collaboration affect the attorney-client relationship, case/claim management, and achieving each party’s goals and objectives for both specific cases and overall claims handling. There will also be discussion of different types of listening and how parties can demonstrate to one another they are actively listening and incorporating the other’s ideas into their work. Finally, the panel will discuss the tension and problems that can arise between insurance professionals and outside counsel when there is a failure to listen to and collaborate with one another.
Back to topClaims/Litigation Management - Session 4 - Untapped: Developing the Diverse Talent Pool and Helping Them Swim
- Speakers:
Brenda Baum, HeplerBroom LLC
Kathleen Lyons, Axis Reinsurance
Valerie T. Matherne, Courington, Kiefer, Sommers, Marullo & Matherne, L.L.C.
Alisha Pierce, Travelers
It is more than the right thing to do. It has been proven that diversity and inclusion help businesses thrive and prosper, including the insurance and legal fields. This session will consist of a diverse panel at varying levels of their insurance and legal careers discussing both the experiences and demands of succeeding in a diverse world where bias still exists. They will also discuss ideas to secure untapped diverse talent, how to help them overcome challenges of bias, and how to help them grow happily in both their professional and personal lives.
Back to topClaims/Litigation Management - Session 5 - Large Losses from Scene Investigation to the Courtroom
- Speakers:
Thomas Connick, Connick Law LLC
John Ferree, Chubb
Thomas Jarzyniecki, Kightlinger & Gray LLP
Jennifer Muellenbach, Society Insurance
Join us for an exploration of the best ways to manage large losses as soon as they are called in. This session will provide ample opportunity for attendees to explore best practices regarding securing the site and selecting the right team to handle the initial investigation and the pre-litigation phase of a loss. From making sure all necessary parties are put on notice and given the opportunity to participate, to working with local authorities and efficiently processing the scene through the preservation and analysis of critical evidence, the investigation phase will be fully explored. Attention will be given to handling the formal litigation process and thorny discovery issues in the most cost effective yet thorough manner, all the way through how the team will convey your case to a jury if that becomes necessary. All of these issues including recent trends in the investigative process and renewed interest in the guidance provided by NFPA 921 and 1033 will be addressed from the perspective of the claims representative, the expert and outside counsel.
Back to topEnvironmental - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Environmental - Session 1 - Regulating Odor as a “Contaminant”
- Speakers:
Todd Alley, Hawkins Parnell & Young, LLP
Eloy Cisneros , J.S. Held
William Pollock, Ragsdale Liggett PLLC
This session will cover the emerging areas of agricultural nuisance odors and how effectively they are regulated by the states. As agri-business livestock production, particularly poultry and hog farming, increases with food demand, it is intersecting more and more with the populace. Laws and regulations are attempting to categorize farm odors as "contaminants" that should be regulated and controlled, but is this right?
Takeaways:
- Factors that contribute to the genesis of agricultural nuisance odor regulation
- How states are responding to agricultural nuisance odor lawsuits
- Where the trends are going in agricultural nuisance odor lawsuits/verdicts
Environmental - Session 2 - The Workmans Compensation Bar and the Role of Organized Labor in Toxic Tort Liability
- Speakers:
Kay Baxter, Foley & Mansfield, PLLP
Dawn Dezii, Margolis Edelstein
Guy Hollingsworth, Hanover Insurance
Melissa King, Resolute Management Inc.
This panel will encourage discussion on related topics in the defense of a toxic tort personal injury claim. All interwoven in new toxic tort claims are considerations of the erosion of the Workmans Compensation bar to suit, the responsibility of Organized Labor and the Insurer’s duty to defend and indemnify. In recent years many states have either enacted legislation or created common law causes of action which allow an employee to sue in toxic tort matters for latent disease claims. These direct-action suits create questions concerning available coverages.
Takeaways:
- Workmen’s compensation bar
- Statutory/ “borrowed” employee
- Other possible defenses should be considered
Back to top
Environmental - Session 3 - Weathering the Storm: Effective Mitigation Tools for Environmental Crisis Management
- Speakers:
George Buermann, Goldberg Segalla LLP
Cindy Hunter, Hartford Global Specialty
Kimberly MacDonald, AXA XL
Philip Watters, Rimkus Consulting Group, Inc.
Despite the best plans, the unexpected can and will happen whether caused by hurricanes, wild fires, or other factors unrelated to Mother Nature. What should insurers and businesses do when hit with an unexpected environmental disaster? What could they have done to minimize or, in some instances, even prevent environmental disasters in the first place? This panel will offer key tips through the planning and preparing phase before an environmental disaster hits; from issues that arise during the disaster-phase itself, to the immediate investigation after the disaster, to legal defenses to consider, and causes of action your company or insureds might face following the disaster.
Takeaways:
- Learn how to shift posture from being reactive to a preplanning and preventative stance;
- Learn to identify in advance potential environmental and other emergencies;
- Learn to identify in advance chemical signatures of your product;
- Learn to use analytics and data in underwriting process to firmly understand risk;
- Focus on ensuring that the company / insured is in full regulatory compliance (audit);
- Understand the importance of preparing in advance a comprehensive Emergency Action Plan;
- Understand the importance of preparing advance public relations communication plans;
- Learn about all available legal defenses if suit ensues from an environmental disaster; and
- Learn about the coverage implications that most often arise and their impact on insurers and insureds from environmental disasters.
Environmental - Session 4 - Lead in Drinking Water: Should You be Worried?
- Speakers:
Benjamin Heckman, RHP Risk Management Inc
Martin Levinson, Hawkins Parnell & Young, LLP
Stephen Rossetti, Cetrulo LLP
Key Learnings: drinking water distribution systems may present lead exposure health risks; drinking water regulations are being lowered, what are the current levels and what do they mean; health risks of lead exposure and who are the key populations of concern; testing for lead exposure and signs of concern; actions can be taken to lower exposure risk to lead; and steps owners and managers of buildings and risk managers of municipalities can take to protect against liability risks. This has prompted regulators to lower acceptable drinking water levels & require statewide water testing in schools & day care centers. What do test results mean, protective or alarmist. What happens if results are positive. What are the health risks of lead exposure? How to protect for exposure risks, health risks and liability risks.
Takeaways:
- State regulators, prompted by lead exposure concerns and the publics perceptions, are lowering acceptable drinking water levels and requiring statewide water testing in schools, pre-schools & day care centers. This is requiring testing and reporting by such facilities and the new levels and results may unattainable for some.
- Early signs of excessive lead exposure include cardiac and neurological changes (transient or permanent), and death.
- Lead in water has become a major concern and costs for businesses serving children – day cares, preschools, and primary schools.
Back to top
Environmental - Session 5 - Mold, PFAs and Lead: Coverage Issues and Claims Handling Considerations
- Speakers:
Michael Klima, Rockhill Insurance Company
Brian Margolies, Kaufman Borgeest & Ryan LLP
Peter J. Mintzer, Selman Breitman
Mark Yavinsky, Crum & Forster
Please join us as we discuss the specific coverages available for mold, the challenge of covering mold claims, exclusions for Per- and polyfluoroalkyl substances (PFAS), the interplay between GL and pollution policies, and priority of coverage issues.
Insurance Fraud - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Insurance Fraud - Session 1 - A Portrait of Fraud: Are Insurers Properly Recognizing the Graying of America
- Speakers:
Cathy Gicker, Allstate Insurance Company
Brett Kelley, Liberty Mutual
Gene A. Weisberg, GladstoneWeisberg ALC
America's Baby Boomers are rapidly entering retirement age, and this portends a possible bulge of insurance fraud. Seniors tend to be honest, but with cynicism over lost investments, failure to save properly and declining home values, this could incline seniors to seek an "insurance" bailout. This program will give an overview of the potential epidemic and various strategies to become proficient in investigating and handling these potential fraudulent claims in auto and homeowner’s coverages. We will explore the demographics of fraud; answer why insurers must change to address this phenomenon; discuss the aging prison population; and, methods to help attendees be prepared to manage the claims.
Back to topInsurance Fraud - Session 2 - A Tale of Two Rooftops: A Panel Review of Two Affirmative Action Fraud Lawsuits
- Speakers:
Maria Elena Abate, Colodny Fass, P.A.
Virginia Austin, Florida Peninsula Insurance Company
Dwight Geddes, Metro Claims & Risk Mgmt
Charles Watkins, Kubicki Draper
This course will analyze two fraudulent roofing claims (one in Indiana and one in Florida) and the two very different outcomes of the affirmative action lawsuits brought by the insurance companies against the fraudulent parties. The course will assist SIU and claims professionals in determining which fraud investigations should be developed into affirmative relief lawsuits, what types of lawsuits are available, and how any pending criminal charges can either help or hurt civil prosecution for damages. The presenters will emphasize the importance of a well-documented, professional and unbiased investigation, especially when dealing with fraud investigators, the NICB, and state or federal prosecutors and inform how these communications can be discoverable through public records or through discovery. The panel will further touch upon the importance of communicating and coordinating any affirmative actions with all internal stakeholders, such as the company's underwriting and sales department. The financial costs of pursuing affirmative relief and to what extent costs and fees can be recouped will also be discussed.
Back to topInsurance Fraud - Session 3 - Don’t Worry...It’s Just a Two-Day Long Deposition! Preparing Your Corporate Representative for Deposition in a Fraud Case
- Speakers:
Raphael Cuadros, National General Insurance
Frank Goldstein, Goldstein Law Group
Jorge Gomez, LifeCare Assurance Company
Carol LaDuke, Allstate Insurance Company
Imagine that the insurer's affirmative fraud case has been filed or the insurer is defending a case based upon fraud. No matter what, you can expect your adjuster/corporate representative to be deposed and you can expect it to be contentious. You can take it to the bank that your claims handling, claims processes, and decisions will be put front and center. Having prepared for and attended and/or defended dozens of corporate representative depositions in fraud cases, our panel is well versed to educate on how to prepare for a corporate representative deposition in a fraud case. Our panel will discuss, among other things, the Notice and Duces Tecum served upon the company, the traps to look for and objections, if any, to make; the documents needed to properly prepare for deposition and the documents that should be kept and reviewed from the start; the general deposition preparation needed in order to effectively and confidently testify in deposition; how to prepare the corporate representative for the specific issues and defenses raised in the subject litigation; and, the mock deposition of the claim representative.
Back to topInsurance Fraud - Session 4 - Water Losses are the New Arson
- Speakers:
Elizabeth Buc, Fire and Materials Research Lab
Shelly Lee Griffin, Secrest Wardle
Wendy Williams, Farm Bureau Insurance of Michigan
Arson-for-profit has long been a staple in the insurance fraud arena. However, better investigations, including scientific testing and collaborations with law and fire departments, have dampened its profitability. While fraudulent fire claims may be declining, fraudulent water claims are rising. For good reason, from the fraudster’s point of view, its payout can equal that of a fire claim with significantly less risk. It is unlikely a neighbor will discover the loss or that anyone will be injured in the process. Also, police or fire personnel are not involved; therefore, there are minimal criminal repercussions. Finally, there is less forensic knowledge in this area compared to fire science. Consequently, insurers are all too often quickly adjusting these losses without closer examination. The panel will discuss several fraudulent water loss scenarios which at first glance appeared accidental.
Back to topInsurance Fraud - Session 5 - The Family Jewels: Minassian Style
- Speakers:
Larry Arnold, Cummins & White
Heather Hepburn , Great West Casualty
Amanda O'Dell, Frontline Homeowners Insurance
Michael Soriano, Bruno Gerbino Soriano & Aitken
This session will discuss the investigation of and litigation surrounding a home owner jewelry theft claim. The discussion will focus on investigation techniques and litigation strategy. Policy coverage issues will be highlighted along with front line issue spotting when a claim is first presented. The development of an investigation strategy when confronted with a suspicious first party claim is integral in achieving a just result. Tying together the investigation and litigation strategies early on in a claim investigation breeds success.
Back to topMunicipal Law - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Municipal Law - Session 1 - Public Perception of Municipalities in a Post-Ferguson Environment
- Speakers:
Devina Joiner, Nationwide Insurance Company
Denise McHam-Pinto, Self Employed
Wayne Melnick, Freeman Mathis & Gary, LLP
The events of Ferguson, Missouri forever changed how police are viewed in America. As a result, municipal claims involving claims of false arrest, illegal search and seizure, and police brutality are viewed through a different lens. Jurors are far more skeptical of police officers that they have been, and the good-will of 9/11 is but a speck in the rear-view mirror. This session will discuss what municipalities, claims representatives handling public entity claims, and attorneys defending those claims/cases need to do in order to re-level the playing field. From pre-incident training to incident response through jury trial, handling a municipal claim in the current environment – especially with the proliferation of video recording devices – more than ever requires a proactive approach. We will address each phase of a claim and what can and should be done to overcome the suspicion of the public to municipal activity.
Takeaways:
• Following the police shooting of Michael Brown in Ferguson, Missouri and other similar shootings, negative perceptions of municipalities, police departments, and their handling of excessive force situations have received increased coverage in the national press and can affect claims against municipalities for this type of incident.
• Use of police body cameras and other objective documentary tools may not positively effect police behavior or public perception of police conduct as might be expected.
• Civilian Review Boards and similar methods of providing independent police oversight may be one way, among other community outreach programs, in build bridges between municipalities and police department and the communities they serve.
Municipal Law - Session 2 - You Can't Fight City Hall (or Can You?): Municipal Liability for Retaliatory Arrest After Lozman v. City of Riviera Beach
- Speakers:
Sigmund Fleck, Brown McGarry Nimeroff LLC
Wes Jackson, Freeman Mathis & Gary, LLP
Matthew Love, Oklahoma Municipal Assurance Group
Glenn Price, MIRMA
Does the existence of probable cause defeat a First Amendment retaliatory arrest claim as a matter of law? The Supreme Court will answer that question when it renders a decision in Lozman v. City of Riviera Beach later this term. In Lozman, the plaintiff was handcuffed and removed from a City Council meeting when he continued to accuse local officials of corruption after a councilperson advised him to stop. The plaintiff alleged he was arrested in retaliation for his comments in violation of his right to free expression. This presentation will discuss the Court’s holding (expected before the CLM Southeast Conference in November) and its implications for First Amendment retaliatory arrest claims. The presentation will also address how the Court’s holding may impact defense strategies for retaliatory arrest claims for a variety of official actors, including the arresting officer, a councilperson who orders the arrest, and the municipality that employs them both.
Takeaways:
• The Supreme Court in Lozman v. City of Riviera Beach did not answer the question everyone expected it to answer—whether the existence of probable cause bars a § 1983 claim for retaliatory arrest
• Nevertheless, Lozman still sheds some light on how municipalities can be found liable for First Amendment retaliation.
• Soon after deciding Lozman, the Supreme Court granted certiorari in Nieves v. Bartlett, which will address the probable cause bar to retaliatory arrest claims against arresting officers in their individual capacities.
Municipal Law - Session 3 - Balance on the Playground? While Public Opinion of Law Enforcement has been Sliding Downward, Qualified Immunity may be on the Upswing
- Speakers:
Sun Choy, Freeman Mathis & Gary, LLP
Christopher Duffy, Munich RE America
William Oberts, Tribler Orpett & Meyer, P.C.
Our climate is not changing. Citizens continue to demand that police officers stand accountable for what they believe to be excessive use of force. Reports of police shootings are in the news daily. Despite the challenging climate for the defense of municipalities and their police officers in the media, is the defense gaining strides in the court room? This panel will examine recent decisions by the U.S. Supreme Court and U.S. Court of Appeals in excessive force cases; the court’s analysis of what is reasonable; and the application of qualified immunity. We will explore defense strategies and claims perspectives for handling these types of cases.
Takeaways:
• Media exposure is important to consider when evaluating the claim and working with the insured to properly handle different issues that may arise. What information to release, and when to release this information, must be determined early.
• Section 1983 allows an individual to file a civil action for an alleged deprivation of their constitutional or federal statutory rights against a municipality and/or a person who is acting under the color of law. In addition to a monetary award, attorney’s fees and costs are allowable under Section 1988.
• Qualified immunity is not just a defense against liability for an alleged civil rights violation, but is intended to protect officers from lawsuits and the rigors of litigation more generally.
• One of the most important, and sometimes often overlooked, elements of analyzing a claim is reviewing reserves when a claim reaches the litigation stage. It is important to discuss proper reserve settings with defense counsel at different stages of the case so you both exchange thoughts on possible exposure and defense costs.
Municipal Law - Session 4 - False Arrest v. Malicious Prosecution: Practical Defense Tips and Coverage-related Aspects
- Speakers:
Patrick Bedell, BatesCarey LLP
Michael DeLonay, AXIS Insurance
Charles Stoll, Sedgwick
Jeffrey Zehe, Nielsen, Zehe & Antas
There has been an increasing number of cases involving persons convicted of criminal offenses and sent to prison who were subsequently exonerated after years in prison which have resulted in significant exposure to insurers from policies issued many years ago. The resulting civil rights litigation involves complex liability and coverage issues. This session will examine the legal elements of false arrest and malicious prosecution (and related Section 1983) claims, relevant coverage & liability issues, available defenses and developing litigation strategies for these high exposure, high defense cost claims. Specifically, we will address issues such as trigger of coverage, conflicts (both coverage and defense), Monell claims, and qualified immunity.
Takeaways:
• High exposure claims with many moving parts that need to be understood and assessed to effectively manage the exposure.
•COVERAGE: Determine whether the policy requires an injury during the period, a causative occurrence during the period, or an enumerated “offense” during the period, and then line up the coverage determination with the case law to see how coverage applies.
• LIABILITY: Determine whether probable cause exists and how to use qualified immunity and the statute of limitations to effectively combat malicious prosecution and false arrest claims.
• CLAIMS HANDLING: Determine early if there are coverage or defense conflicts and develop a resolution strategy & litigation plan.
Property - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Property - Session 1 - Arming Witnesses to Battle Bad Faith, One Deposition at a Time
- Speakers:
Todd Betanzos, BETANZOS Resolution Strategies LLC
Robert DeFusco, Wheeler DeFusco & Associates
Jennifer Martin, Wilson Elser Moskowitz Edelman & Dicker LLP
Ty Simmons, Union Standard Insurance Group
Adjusters and other insurance professionals are frequently required to testify in cases alleging bad faith. While these individuals possess tremendous technical and professional expertise, they often lack the skill or experience necessary to manage an attorney’s examination and communicate their truth in a manner that is clear and incapable of mischaracterization.
The presentation will focus on how to provide these witnesses the tools that will help them to give truthful, accurate and powerful testimony. The presenters will give their perspectives from the roles of in-house counsel, independent adjuster, outside counsel, and trial consultant regarding:
1. The significance of witness performance on case valuation and resolution opportunities;
2. The importance of proper witness preparation prior to depositions in order to improve resolutions; and
3. The elements of proper witness preparation.
Property - Session 2 - Billions: Mass Loss and Natural Disasters
- Speakers:
James Jordan, Rimkus Consulting Group, Inc.
Mia Lorick, Roberts Markel Weinberg Butler Hailey PC
Stuart Mintz, Custard Insurance Adjusters Inc.
James Purpura, WeatherExtreme Ltd.
According to NOAA, in 2017 alone there were 16 weather and climate disaster events with losses exceeding $1 billion each across the United States. Droughts, floods, freezes, storms, cyclones, and wildfires: these events have significant economic effects on the areas impacted. This panel will discuss historical mass loss and natural disasters; how these events impact the insurance industry; tips on managing large property loss claims; and exploring the use of weather experts.
Property - Session 3 - The Hidden Danger: Fireplace and Chimney Fires
- Speakers:
Joseph DiFranco, Energi Insurance Services, Inc.
Coby Jackson, Central Mutual Insurance Company
Charles Keith, Keith-Pfaendtner Engineering
Matthew Rosek, McCoy Leavitt Laskey LLC
This presentation will focus on fireplace and chimney fire cases and how to defend and prosecute them. We will also discuss some initial assessment of these cases, evaluation of the experts needed, management, and property loss assessment.
- These cases can be tough to investigate.
- A good defense, hiring the right experts and appropriate strategy can eliminate the need to overpay or pay at all on these matters.
- Carefully evaluate these cases early on to secure a positive outcome and properly evaluate the damages and exposure.
Property - Session 4 - Here Comes the Sun: Natural Disaster Property Claims and Subrogation Techniques
- Speakers:
Karen Mascioli, Turner, O'Mara, Donnelly & Petrycki, PC
Nick Sansone, Cooper Levenson
Kelly Yates, Topa Insurance Company
Earthquakes, floods, windstorms and landslides are natural environmental hazards often resulting in disastrous consequences. In recent years weather related hazards, attributed at least in part to global warming, have caused massive destruction of property. Weather forecasters tell us that catastrophic weather events are on the rise, predicted to occur with more frequency and greater intensity.?
- Natural disaster catastrophic events are on the rise. These large-scale claims events are likely to occur now and in the future with more frequency and greater intensity than in prior years. In that event, the costs of property damage claims are expected to continue to increase.
- The insurer response in the first 48 hours to a catastrophic weather event causing property damage is critical to successful management of large-scale claims. Timely responses to natural disaster events are crucial to preserve property, conduct causation investigations, and improve customer relations with policyholders.
- The ever-increasing costs of claims investigation and property damages litigation due to natural disaster catastrophic events can be managed. Such costs can be managed through causation investigation, subrogation, assignment of reasonable costs for essential remedy work and large-scale repair mobilization.
Property - Session 5 - Unique Property Claims
- Speakers:
Melissa Brumback, Ragsdale Liggett PLLC
Barbara Carco, Auto-Owners Ins. Co.
Bob Kenney, ESI (Engineering Systems Inc.)
Learn how a petroleum pipeline caused a potable water pipeline to corrode and fail. The resulting water pipeline failure caused the petroleum pipeline to fail causing millions of gallons of oil to flow into the ground and on the street surfaces, which led to the local water plant shutting down, and contamination of a local lake that required significant soil and property cleanup. The $40 million loss took months to remediate. The resulting pipeline repairs brought into question if both the original pipelines were appropriately maintained, how stray current effects pipeline, how petroleum pipelines are monitored and what are appropriate risk control measures that should be used based on the potential for a failure of this magnitude. There will be discussion on how to manage expert reports as data is changing at a rapid pace, which can escalate costs quickly.
- How to handle ongoing property issues to limit damage and protect evidence for trial.
- How to work with your expert in preserving evidence, remediation of ongoing damage, while preserving privilege and not revealing information to the other side.
- How to handle remediation from a carrier’s perspective where ongoing damage is occurring and/or where liability may be in doubt.
Subrogation - Opening Session / Keynote - Transforming Millennial Myths into Workplace Breakthroughs
Crystal Kadakia, two-time TEDx speaker and author of The Millennial Myth, will help widen attendees’ perspective on Millennials, from simply understanding a generation to becoming deeply grounded in the impact of digital on human behavior. This talk will change the conversation about Millennials for the attendees. Attendees not only understand the five biggest myths about millennials but will learn how to navigate today’s digital mindset and behavior. The audience will walk with:
• Abandoning today’s stereotype-laden Millennial language;
• “Getting” the behavior and mindset for employees who have grown up in a digital world;
• Envisioning relationship, management and leadership practices for all generations and talent of the future.
Subrogation - Session 1 - Proving Damages in Subrogation Cases: It’s Not So Easy
- Speakers:
Ken Abernathy, Sedgwick
Andrew Korf, Allied World Assurance Company, Ltd.
Stephen Winning, Dugan Brinkman Maginnis & Pace
Often times, one of the most overlooked yet most challenging aspects of successful subrogation is proving recoverable damages. There are several key issues to be understood in the subrogation damages landscape. First, is there a difference, usually predicated on state law, between amounts paid pursuant to the policy, compared to the amounts recoverable in tort? This analysis will necessitate an understanding of the difference between replacement/repair cost and actual cash value. Our subrogation teams must also be prepared to explain and prove other aspects of damages, such as business interruption, code upgrades, and extra expenses. Expert testimony must be a primary consideration in proving recoverable damages. The mere fact that payments were made by an insurance carrier to the insured does not foreclose the need to have an expert opinion that the amounts paid were fair and reasonable. Identifying and working closely with the retained adjuster to understand the various aspect of the loss and payments under the policy is also of paramount importance.
The panel will briefly address the principals and general concepts regarding the recovery of amounts paid by an insurer in a third-party action. The panel will then address potential damages “pitfalls” by utilizing case studies and providing recommendations for overcoming such damages challenges. The similarities and differences in perspective of the independent adjuster and subrogation recovery professional in addressing recoverable damages will also be addressed via panel discussion.
Attendees will take away a checklist and other useful tools for future reference in proving and recovering subrogation dollars!
Subrogation - Session 2 - Xactly How Can “Xactimate” and Other Cost Estimating Tools Assist Property Adjusters and Subrogation Professionals in the Preparation of Damages?
- Speakers:
Jason Artusio, Envista Forensics
Aaron Jacobs, Butler Weihmuller Katz Craig LLP
Paul Schwalbe, PURE Insurance
Annette Tarquinio, Engle Martin & Associates, Inc.
Over 30 years ago, Xactware introduced its acclaimed estimating system, Xactimate, to assist insurance adjusters in estimating building repairs. Today, practically all of the top property insurers in North America use Xactimate or other cost estimating tools to evaluate building repairs; damages to personal property; and emergency repairs. Cost estimating tools generate estimates that are used by claims professionals, adjusters, and building consultants to evaluate, negotiate and/or finalize first party property claims. Subsequently, these estimates are turned over to the subrogation professional and/or counsel as a critical part of the damages support in the third-party recovery claim.
This presentation explores and details how the evaluation and adjustment of the damages in a property claim can substantially affect the subrogation demand; the role that Xactimate and other cost estimating tools and building consultants play in the process; how/why loss estimates can vary; and how cost estimating tools can be utilized by property adjusters and subrogation professionals in the preparation of damages in third-party recovery claims.
Subrogation - Session 3 - The Top Ten Subrogation Mistakes Carriers Keep Making
- Speakers:
Chris Haffner, Beazley
Ashton Kirsch, Matthiesen, Wickert & Lehrer, S.C.
Leslie Rutledge, AIG
Experience is simply the name we give our mistakes, Oscar Wilde famously said. In subrogation, these mistakes are frequently disguised as corporate efforts to save money, streamline, or consolidate effort. Sometimes, the errors we see repeated are benign. Quite often, they turn into very expensive lessons. Whether we learn from these lessons is the true test of our desire to optimize the recoveries we make and the lengths we will go to provide the service – and in some states the “duty” – to our insured, who often pay the price for missed subrogation opportunities. Across all lines of insurance, our mistakes and failures are gifts and guideposts in our learning and growth as insurance industry members. But, we can only take advantage of them if we recognize them. Join us as we highlight and discuss ways to avoid repeating the ten most costly and commonly committed mistakes in the fast-growing and demanding world of insurance subrogation.
Back to topSubrogation - Session 4 - Paying It Forward in the Subrogation Context: A Discussion of How Safety, Diversity, and Professionalism Impact Your Business and Your Recoveries
- Speakers:
Vivian Conley, Markel Service, Incorporated
Juliet Gridley, SEA, Ltd.
Jessica Skarin, Butler Weihmuller Katz Craig LLP
Subrogation by its very nature routinely places all of us in adversarial situations. In fact, nearly all investigations start with identifying potentially “adverse” parties. In a field where our day-to-day lives can be characterized as a series of mini-battles, it is important to remember the benefits of Paying It Forward. This session will discuss how subrogation professionals can Pay It Forward and, more importantly, why they should do so.
The panelists will discuss how to address safety concerns that arise in a variety of different loss scenarios; and, how to protect the well-being of all parties involved in the subrogation investigation. Concrete examples of how to increase diversity in the work place will also be provided, along with a discussion of recent studies evaluating the tangible and intangible benefits derived from a diverse workforce. Finally, the panel will share their insights regarding the importance of maintaining the highest standard of professionalism in the subrogation community.
Subrogation - Session 5 - Dividing the Pot of Gold: Handling Limited Pool Subrogation Claims
- Speakers:
Marc Madonia, Starr Companies
Elizabeth Peter, GNY Insurance Companies
Kathleen Schraven, Hanover Insurance
Melissa Sullivan, Gwertzman Lefkowitz Smith Marcus & Sullivan
In subrogation, it is not uncommon for there to be limited funds to satisfy one or multiple claims arising from any loss. Effective subrogation pursuit requires the ability to value the potential to ultimately collect. Limited funds situations create interesting challenges effecting the ability to recover on claims both large and small. It is important to understand the dynamics at play and how to maximize those dynamics to optimize recovery. This seminar will address some of those tricky situations such as negotiating against a liability carrier with a limited policy and understanding what may govern the liability adjuster’s ability and/or choice to settle one or more subrogation claims.
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