Schedule/Sessions
Session 1 - Session 1 - Presentation A: Rail Issues: Investigation of Claims/Use of Technology
Session 1 - Session 1 - Presentation B: Accident Reconstruction - What Evidence is There? How to Gather it and How to Avoid Spoliation
- Speakers:
Sean Doyle, SEA, Ltd.
Joseph Golian, Unknown
Randy Metzger, Risk International Services, Inc.
Proper identification, retention and documentation of physical evidence, paper and electronic information is critical for accurate reconstruction and to avoid a costly claim of spoliation.
Post-accident information is often sought by the other side a few days after the accident in the nature of a formal request. The request serves two purposes. First, it places the carrier on notice of a potential claim and outlines specific data and information which the claimant wants preserved. Second, it serves as a basis for a potential spoliation claim against the carrier.
Back to topSession 1 - Session 1 - Presentation C: Who Is My Client? How to Handle Conflicts Between Driver and the Company During an On-Scene Accident Investigations
- Speakers:
Ashley (Al) Dunn, SEA, Ltd.
Kevin Foley, Reminger Co., LPA
Ronna Ruppelt, Freeman Mathis & Gary, LLP
Session 2 - Session 2 - Presentation A: Preservation Letters and Responses: What You Need to Preserve In Order To Protect The Interests of The Carrier and The Company
- Speakers:
Michelle Griggs, Fisher Brown Bottrell Insurance, Inc.
Tremayne Thomas, Envista Forensics
Bharat Varadachari, HeplerBroom LLC
Session 2 - Session 2 - Presentation B: Event Data from Automobile Electronic Control Modules (ECM’s)
- Speakers:
Wade Loud, Lamarche Associates
Christopher Seusing, Wood Smith Henning & Berman LLP
John Zolock, Exponent
The NHTSA estimates that 96% of new passenger vehicles have Event Data Recorders (EDRs) that can provide valuable data about the vehicle dynamic state for a short period of time before, during, and after a crash. The data can be used in the insurance and litigation industry to provide crash information that otherwise would not be available to law enforcement and the reconstruction and biomechanics community to utilize.
The technical overview discusses what electronic control unit a car or light truck may have, and how these units function as an EDR to record crash data. A history of the Crash Data Retrieval (CDR) technology is provided in the context of how the CDR System is used to obtain, preserve, and interpret event data. The legal overview discusses issues in obtaining and preserving the EDR data, court acceptance of EDR information, and how it can be effectively used in litigation matters. The topics of new FMVSS regulation, privacy legislation regarding EDRs and EDR case law and state statutes are also discussed. The insurance overview discusses practical aspects of the recovery and use of the data, legal considerations, duty to investigate, and duty to preserve evidence. Several case studies are provided.
Back to topSession 2 - Session 2 - Presentation C: Don't Get Thrown Under the Bus! Challenges in Claims and Lawsuits Involving Motor Coaches and Livery Vehicles
This session will address the unique problems presented by Motor Coach and Livery risk management, accidents, rapid response and claims/litigation handling. We will also address the regulatory crossover and similarity between buses and trucks as well as the differences in the regulatory landscape. Finally, we’ll take a look at current safety and technological initiatives which confront the industry.
Back to topSession 3 - Session 3 - Presentation A: Seeing the Light - Nighttime Driving and Conspicuity
- Speakers:
Fawzi Bayan, SEA, Ltd.
Anthony Cutuli, Vitran Express, Inc
John Pion, Pion Nerone Girman Winslow & Smith, P.C.
Session 3 - Session 3 - Presentation B: Port of Calm: Issues in Risk and Claim Management for the Port Industry
- Speakers:
Krista Fowler Acuna, Hamilton, Miller & Birthisel LLP
Eugenia Kennedy, Exponent
Christopher McCoy, Engle Martin
Session 3 - Session 3 - Presentation C: Cargo Subrogation: Untapped Revenue Resource – The Negligent 3rd Party
- Speakers:
Lori Quinn, Unknown
Erik Stremke, Recovery Concepts & Solutions
James Wescoe, Weber Gallagher Simpson Stapleton Fires & Newby LLP
Carriers or their insurers are so focused on the strict rules such as the Carmack Amendment, for paying the shipper for cargo losses, they often miss recovering from a negligent 3rd party. Subrogation for the carrier requires a different mindset and approach than adjusting the cargo loss does. This session will provide tools, methods, and options for tapping into the huge reservoir of dollars available.
The dollars recovered from previous and current cargo loss payments can have a significant effect on the loss ratio or experience. As long as the statute of limitations for the particular loss state has not passed, the recovery is available from these types of sources – at fault vehicles in accidents, negligence in packing trailer, contamination due to 3rd parties, security breaches by 3rd parties, and more.
Back to topNo Learning Objectives Available
