Schedule/Sessions
Session 1 - Session 1 - Presentation A: Why Professional Clients Are Different
Claims, lawsuits and threatened lawsuits are, at the very least, inconvenient for any insured party, but allegations of malpractice against a professional involve potentially greater risk and require enhanced levels of inquiry and response. An attorney or claims professional must be acquainted with special concerns any professional might have regarding achievement of optimal results with minimal intrusion. This discussion will be designed to explore some of the ways investigating and defending professional claims present unique challenges and considerations.
Professional liability claims are often accompanied by complaints filed with an applicable licensing or governing authority. In some cases, the events leading to the claim generate media interest, in which an experienced spokesperson is invaluable. In all instances, an authoritative and well-spoken expert must be selected. Certain practices are controlled by industry or field-specific laws and regulations. The panel will examine these and other concerns an experienced claims professional or attorney should weigh in investigating and defending professional claims.
Back to topSession 1 - Session 1 - Presentation B: Practical Considerations for The First 48 – Defending the Agent and Broker Claim
- Speakers:
Sarah Abrams, Bowhead Specialty Underwriters, Inc.
Crystal Ivy, AmTrust Insurance Group
Jeffrey Ruple, Cardenas Ruple Kurt LLC
Session 1 - Session 1 - Presentation C: The EFFECTIVE Use of The 3 Ps in Mediation of Professional Liability Claims
- Speakers:
Jeff Albinson, Golden Scaz Gagain, PLLC
Dennis Galvin, Argo Group US
Joseph Garin, Lipson Neilson P.C.
Ian Matyjewicz, Herbert L. Jamison & Co., L.L.C.
Session 2 - Session 2 - Presentation A: Expert Relations: How to Maximize your Expert Witness’ Effectiveness in Obtaining the Best Results for Your Client
- Speakers:
Nicholas Conca, Berkshire Hathaway GUARD Insurance Companies
Edward Eden, Continuum Health Services
Cathleen Kelly Rebar, Rebar Kelly
Whether your client/customer is a doctor, a lawyer, a design professional, engineer or other licensed professional, the unfortunate reality of their chosen profession is that they will likely be the subject to a claim of professional negligence at some point in their career. Ensuring that your client/customer has the best defense possible requires the services of an expert witness who is able to effectively communicate in his report the key and critical issues involved in the litigation and to provide convincing testimony about the applicable standard of care and how it was met. It is imperative to not only select the right expert, but also for defense counsel to develop a relationship of trust with the retained expert to maximize his/her effectiveness. This discussion will focus on identifying the appropriate expert witness for the claims being made, working with the expert witness to identify essential information during the discovery process and collaborating with the expert to prepare an opinion report and testimony which is persuasive to the fact finder.
Professional negligence actions have unique procedural requirements. One such procedural requirement is expert review and filing of a Certificate of Merit as a pre-requisite before or coinciding with the institution of a professional negligence action. This discussion will also examine the requirements of a Certificate of Merit, what an attorney defending a professional negligence claim needs to understand in relation to the Certificate of Merit and discuss strategies to be utilized by the defense to utilize the Certificate of Merit requirements to the defense’s advantage.
Session 2 - Session 2 - Presentation B: Considerations for “Taking the Fifth” in Professional Liability Cases
- Speakers:
Robert Bergson, Abrams Garfinkel Margolis Bergson, LLP
Larry Canada, Self Employed
Steven McMannon, ClaimsFirst Services
Session 2 - Session 2 - Presentation C: Human Service Pre-Litigation Claims Handling: Supporting Those Who Support Others
- Speakers:
John McKeon, Hardin, Kundla, McKeon & Poletto
Laurel Ross, Abilis
Karen Skiba, Irwin Siegel Agency
With the advent of community-based placement, there has been a proliferation of professional liability exposures to insureds who supports persons with developmental disabilities, mental illness and other individuals requiring social services. In this session, we will explore aggressive pre-suit claim strategies to reduce risk, the unique challenges this industry faces due to self reporting requirements, claims trends, lien issues and early resolution techniques. The panel will explore the partnership between a dedicated human service professional liability claims team, panel counsel and human service administration in managing these varied and high exposure claims.
Back to topSession 3 - Session 3 - Presentation A: Recent Developments in Employment Practices Liability Claims Management
- Speakers:
Carol Kreiling, Swiss Re
May Mon Post, Fisher & Phillips, LLP.
Michael Saucier, Libby, O'Brien, Kingsley & Champion LLC
Patrick White, Kershaw White
Session 3 - Session 3 - Presentation B: Use of TPA in Managing Professional Liability Exposure
- Speakers:
Lucy Ann Galioto, Sedgwick
Javier Gonzalez, Axis Insurance Services, LLC
Rinat B. Klier Erlich, Zelms Erlich Lenkov
Adam Sills, Allied World
Session 3 - Session 3 - Presentation C: Strategies for Effectively Managing the Interplay of CG/L and G/L Policies in Construction Defect Litigation
- Speakers:
Benjamin Adams, Travelers
Michael Anderson, Liberty Mutual
Daniel Deschenes, Hinckley, Allen & Snyder LLP
Tom Mierzwa, Envista Forensics
This seminar will discuss the various aspects of investigation and litigation management performed when defending professional liability claims in construction defect cases. With the use of a real life case study scenario, our experienced panel of legal and insurance professionals will discuss:
· Methods for setting reserves and proceedingappropriately under an eroding limits policy
· Developing the appropriate defense strategy for your client
· Strategies for selecting your team of experts
· The interplay between the General Contractor’s and subcontractor’s CGL policies and the Engineer’s PL policies to apportion responsibility
No Learning Objectives Available
