2013 Annual Conference

Premier Session 1 - What's New in Claims and Litigation Management: A Conversation with Senior Executives

• Speakers:
• Dorothy Capers, National Express Corporation
• Michael Daly, IAT Insurance Group
• Krista Glenn, Westfield Specialty
• Max Koonce, Sedgwick
• John McGann, AXA XL
• Preston McGowan, Private Client Select

This innovative session of senior executives will showcase recent industry developments to achieve the most effective results. In this era of informatics, technological advances and demands to do more with less, staying current with industry trends is critical. Come listen to this dynamic panel address what has worked, what hasn’t, and the reasons why. Learn what is on the horizon for the claims and litigation management professions.

Roundtable 1 - ALTERNATIVE DISPUTE RESOLUTION - Exploring the Use of Online Committment Mechanisms to More Timely Resolve Legal Claims

• Speakers:
• Larry Beemer, Tokio Marine HCC
• Steven J. Brams, New York University
• John McGann, AXA XL
• James Ring, Fair Outcomes, Inc.
• Adam Springel, Springel & Fink

This presentation will highlight the basic inefficiencies associated with the legal system and claims handling process. Most practitioners agree that claims and lawsuits do not resolve as early as they should due to a variety of obstacles. Highlighting the interplay between economic studies of the legal field and practice, the presentation explores the use of innovative procedures to more timely resolve claims in the real world. The panel members will include Professor Steven J. Brams of NYU, a prominent game theorist who has given substantial attention to the dynamics of legal bargaining and to the manner in which those dynamics may be altered and improved through the use of simple procedures that can be embodied online; Adam Springel, a practicing Nevada attorney who recently authored the Litigation Management article, Technology Timesaver: Using Technology to Resolve Cases"; and John McGann, whose extensive experience within the insurance industry allows him to offer insights into these sorts of procedures from the perspective of both Claims and outside counsel.

Roundtable 1 - CLAIMS - Navigating Coverage Consequences: Contractual Risk Transfer under Amended ISO AI Endorsements

• Speakers:
• Glenn Dienstag, Aon
• David M. O'Connor, O'Connor & Associates, LLC
• Kimberly Sullivan, Aon

The latest ISO amendments to CGL additional insured endorsements now dominate the market, posing a troubling disconnect between common indemnity agreements and the coverage available to support them. All parties to contractual risk transfer thus face unanticipated and potentially uninsured exposures. Inter-insurer battles over which coverage applies under familiar risk transfer arrangements complicate and can add litigation expense to even simple BI and PD claims. This session offers both the policyholder and insurer perspectives, using case studies and contract clauses, and through these will: (1) describe the amended endorsements and their predecessor iterations; (2) provide examples of their consequences on indemnity commitments in various industry settings and applications; (3) identify associated traps for the unwary claims personnel and counsel; (4) propose a punch list for claims analysts to determine whether coverage is coextensive with contractual commitments; and (5) offer suggestions for navigating the effects of the new endorsements based on recent court decisions nationwide.

Roundtable 1 - COMMUNICATION - Why Diversity Is Essential to The Bottom Line: A View from Corporate Leaders

• Speakers:
• Pamela Carter, Quintairos, Prieto, Wood & Boyer, P.A.
• Helen Gillcrist, Liberty Mutual
• Angela Henderson, ESIS
• Fred Keeton, Caesars Entertainment

Panelists provide ideas on importance of diversity to business and discuss successful strategies companies have utilized to further inclusion efforts in hiring and retention practices and partner management. Case studies to include: * Diversity in the Legal Profession: Journal Feature - Entergy Corporation * Spotlight on Diversity: Journal Feature - Altria Group, Inc. * Filling the Pipeline with Multicultural Talent

Roundtable 1 - CONSTRUCTION - Indemnity Agreements and Additional Insured Endorsements: What You Don't Know Can Hurt You (And Your Insured)

• Speakers:
• John Armstrong, Horwitz, Cron & Armstrong, LLP
• Brenda Radmacher, Akerman LLP
• John Shelonko, Self Employed

New construction is often covered by an OCIP, CCIP, or "Wrap" Policy. Sometimes, these insurers become insolvent, forcing the parties to look to their indemnity agreements and additional insured endorsements, and agreements to purchase insurance to allocate construction risks. This program would identify current indemnity and AI issues that are often litigated in resolving construction claims between potentially responsible parties who are liable for a loss.

Roundtable 1 - ENVIRONMENTAL & TOXIC TORT - The Environmental Insurance Marketplace: Challenges in 2013 and Beyond

• Speakers:
• Samantha DiSalvo, Berkley Specialty Underwriting Managers
• Kevin O'Toole, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC
• Tom Radcliffe, DeHay & Elliston, LLP
• Gabriel S. Slominski, Crum & Forster
• Anne E. Viner, Gallagher Bassett Services, Inc.

When it comes to environmental liability, the market is ever changing and with the increase of players in the environmental arena the exposures are coming in many different forms. Contrary to the old belief environmental exposures exist in virtually every facet of business whether that business is manufacturing, hospitality, agricultural, healthcare or construction (to name a few) and the lawsuits prove it as plaintiff bars look for new sources of recovery post tobacco. Today we are going to discuss some of those claims and overall risks for every industry - from some of the usual liability culprits (asbestos, underground storage tanks, buried debris, and clean fill) to some of the more emerging risks (like mold, Chinese drywall and vapor intrusion) among others. To succeed in today’s world, firms and their professional advisors need to be aware of the legal landscape and the past and evolving claims otherwise, as the saying goes those who cannot remember the past are condemned to repeat it. Join several professionals who are at the forefront of these claims whether defending them in court, adjusting them under the various policies, or using them to advise clients as to why insurance is necessary.

Roundtable 1 - ETHICS - The Tweet Smell of Success, or a Trip to the Disciplinary Board? Ethical Concerns in the Use of Social Media by Claims Professionals and Defense Counsel

• Speakers:
• John Browning, Spencer Fane LLP
• Carol Kreiling, Swiss Re
• Scott Sweeney, Wilson Elser

This session will examine the cutting-edge topic of ethical use of social media by claims professionals and defense attorneys. In today's digital age when 65% of Americans have a social networking page, content from such sites is becoming increasingly important in claims investigations and litigation, a number of pitfalls await the claims professionals and lawyers who aren't using social media ethically. Ethics opinions and lawsuits from around the country will be discussed, as our panelists help attendees lear more about this growing area and how to avoid disciplinary actions and lawsuits for "false friending," spoliation of evidence, and other missteps with social media. In addition, with recent changes to the ABA Model Rules,a lawyer's duty to provide competent representation now includes the duty to stay abreast of technological changes, such as social media. A number of courts nationwide are also imposing higher expectations of "digital competence" on lawyers, making it more important than ever for defense counsel to stay up on the "do's and don'ts" of using sites like Facebook and Twitter for their cases. This session will help claims professionals and counsel use social media responsibly in the defense of their cases.

Roundtable 1 - INSURANCE BAD FAITH - Getting Lean in Big Litigation: A New Way To Workout

• Speakers:
• Ginamarie Alvino, RiverStone Resources LLC
• Edward Carlton, Quilling, Selander, Lownds, Winslett, & Moser, P.C.
• Ted Colquett, Colquett Law, LLC
• Sean Reidy, State Farm

When claim and litigation management professionals are confronted with “BIG” litigation – class actions, toxic torts, institutional bad faith – they are confronted not only with the case challenge on the merits but also the cost-effective management of that challenge. This interactive roundtable delves into the application of lean management principles to the big case with a dynamic, audience-centered case study. We will discuss value from the perspective of the client, in terms of a specific legal product, with specific capabilities, offered at a defined and agreed price and time; how to accomplish tasks and eliminate waste; and ensuring that steps in the litigation process flow so that there is no waste or down-time in accomplishing litigation tasks and providing services. The goal is to design and provide a service the client wants – when the client wants it – and to pursue excellence every step of the way.

Roundtable 1 - INSURANCE COVERAGE - Discovery Conundrums in First Party Claims

• Speakers:
• Sean P. Mount, Deutsch Kerrigan, LLP
• Bradley Sharp, McLarens
• Charles Andrew Tharp, Wyland & Tadros, LLP

This roundtable will focus on an analysis of what should and should not be produced/disclosed in first party property claims. The panel will discuss work product issues, privilege issues and how to handle waivers of the privileges. Areas for discussion will focus on approaches and strategies for handling discovery responses, subpoenas and materials requeted for production at depositions. The panel will provide an outline of the material to be discussed along with a case law survey for all attendees to the roundtable.

Roundtable 1 - INSURANCE COVERAGE - Who Picks Up? Managing Claims With Contractual Indemnity, Additional Insureds and the Overlapping Issues

• Speakers:
• Nancy Collins, Willis Towers Watson
• Richard Hunter, Law Offices of John G. Luboja, LLP

Your client/insured receives notice of a claim or suit papers concerning an occurrence involving a vendor, supplier or other entity in contract with your client/insured, or there exists a contract that may indemnify your or may require your client/insured to indemnify another. This Roundtable will address the common and more nuanced issues of tender and acceptance of claims under contractual indemnity, defense and insurance provisions. Discussions will focus on what must be done to preserve the indemnified party’s rights as well as how to respond to questionable claims for indemnity and assertions of coverage for an “additional insured.”

Roundtable 1 - INSURANCE FRAUD - Insurance Fraud & Recouping Good Faith Payments

• Speakers:
• Larry Arnold, Cummins & White
• Daniel Jaeger, Chubb
• Robert Lee, CNA Insurance
• Gene A. Weisberg, GladstoneWeisberg ALC
• Frank Zeigon, M&Z Insurance Claims Consulting, Inc.

Insurance fraud is a serious and costly crime that affects both individuals and businesses across the country. Faced with growing losses, insurance companies are focusing on fraud management and implementing controls to mitigate risk, while at the same time maintaining their duty of good faith to policyholders. In the past, there was no clear answer to whether an insurer that makes good faith payments on legitimate elements of an insurance claim and subsequently uncovers fraud in other elements of the claim can recover all monies paid as part of the claim or only the amount paid in reliance on the insured’s misrepresentations. The panel will present case studies designed to encourage dialogue regarding recent decisions which may impact the way insurance companies handle genuine claims that are subsequently tainted by fraud, encouraging them to be proactive in recouping good faith payments.

Roundtable 1 - LITIGATION MANAGEMENT - How To Lose A Client In Ten Days (Or Better Yet Keep The Client)

• Speakers:
• Denise Anderson, Butler Weihmuller Katz Craig LLP
• Susan Domanski, HHCP
• Mary Haefer, Mintzer Sarowitz Zeris Ledva & Meyers, LLP
• Theresa Touchton, Pella Corporation

Companies decide to replace counsel, consultants and other vendors for a variety of reasons. The impetus for losing clients is often within the control of the team. Through examples and anecdotes, this presentation will focus on explaining the most common and significant reasons you can be fired. The presenters will also discuss how attorneys and consultants can better manage situations so that client relationships do not sour from the perspectives of corporate counsel, outside counsel and a consultant. The presentation will provide helpful tips for maintaining good relationships as well as how to avoid the most common mistakes in these multi –layered relationships.

Roundtable 1 - LITIGATION MANAGEMENT - Remodeling the Complex Case Management Order for Improved Case Performance and Metrics

• Speakers:
• Rachel Ehrlich, Judicate-West
• Kirk Lauby, Fernandez & Lauby LLP
• David Stern, West Coast Casualty Service, Inc.
• Robert Wonnell, Self Employed

The Complex Case Management Order has been utilized for decades with the purpose of providing specialized management to avoid placing unnecessary burdens on the Court or the litigants. The objective of the CMO is to provide the litigants with an organized group approach to inclusion of necessary parties, management of disputes, discovery of claims, identification of insurance coverage, expert analysis, and hopefully closure of the case through mediation, or, in the alternative, preparation for trial. Today’s construction defect case encounters obstacles to resolution that did not exist at the beginning of the last decade. Contracting businesses (including large merchant builders) and some insurance carriers have closed their doors, been discharged in bankruptcy with unpaid SIR’s, or simply don’t have the money to satisfy SIR’s to trigger available insurance. The CMO process is still a commonly used tool for management of the complex case, but it has not been significantly modified to provide for the changed landscape of construction litigation. The premise of this program is to engage the panel and attendee participants in an evaluation of the CMO process to identify opportunities to streamline or refocus the use of a CMO to accomplish the stated objective of providing specialized management and reduction of burden to the Court and litigants, while at the same time dramatically improving the exchange of evidence necessary to evaluate claims and dramatically reducing both the built in costs associated with the current CMO approach, and the period of time that the case or claim remains open, reduction in spend for attorney’s fees and experts, leading to improvement of case metrics.

Roundtable 1 - LITIGATION MANAGEMENT - The Ex-Employee: Discovery/Privilege Issues When the Plaintiff's Lawyer Comes Knockin'

• Speakers:
• Kelly Armstrong, Canal Insurance Company
• Marla Bigeleisen, Nationwide Insurance Company
• Frank J. Brier, Myers, Brier & Kelly
• Matthew P. Keris, Marshall Dennehey

The former employee of a defendant can be a "wildcard" witness in any type of case, whether it be medical malpractice, trucking accident or an employment matter. If former workers do not have favorable opinions of their prior employer, they may be apt to provide less-than-helpful information to an adversary. Further complicating matters is that former servants may be permitted to communicate with opposing counsel outside the presence of defense counsel in certain circumstances. For these reasons, it is critical for corporate defendants to ensure that when employees depart, they leave their "trash at the door" and not in the laps of plaintiffs' counsel. This session is essential for all corporate parties to attend so they can insulate themselves from damaging evidence from spurned witnesses. Discussions as to best practices and attorney/client privilege will be featured along with an overview of common discovery issues in this scenario. By participating in this session, attendees will be better prepared in coordinating a confidential employee exit process with counsel's objections in any subsequent litigation that involves former staff.

Roundtable 1 - LITIGATION MANAGEMENT - The Impact of Catastrophic Events on Management and Delivery of Legal Services

• Speakers:
• Richard Eniclerico, Self Employed
• Bill Garcia, Del Norte Consulting Services LLC
• Deborah Saunders, Comcast NBCUniversal
• Stephen Smith, Yoka & Smith LLP
• Angela Taylor, Cipriani & Werner, PC

Every CLM member knows that, even under the best of circumstances, successfully identifying, managing and successfully delivering legal services is a challenge to even the most sophisticated business. Couple that with the immediate, and potentially, long-lasting effects of unforeseen natural catastrophes or severe economic and market pressures, and what was once a difficult task can now become a fight for sheer survival. During this informative round-table session, current insurance industry and legal professionals will discuss the challenges they face in light of recent economic and catastrophic events; how those events have impacted their ability to manage their businesses and the lessons they have learned to mitigate future events and better insulate themselves, their legal partners and clients to successfully see themselves through the next storm on the horizon.

Roundtable 1 - MEDICARE - Settlement Strategies for Medicare Compliant Claims

• Speakers:
• Domenic Di Noto, Busch & Caspino
• Ronald A. Mazariegos, Ambridge
• Jessica Smythe, ISO Claims Partners
• Tina Zink Pernie, North American Risk Services NARS

Have you ever had a great settlement go off the rails because of Medicare issues, such as the necessity for procurement of an MSA and/or unreimbursed Medicare payments? Have you seen deals being taken off the table because the parties cannot come to an agreement on satisfaction of Medicare’s interests? What are the best ways to avoid these pitfalls and to achieve cost-effective, efficient settlements that protect your clients, or your company, from the federal government? This panel will discuss these issues in the context of a recent settlement initiative. Representatives from a carrier, defense firm and Medicare compliance corporation will discuss how over 50 open claims were settled in the space of a week across the state of New York in a series of live and telephonic settlement conferences attended by claimants and their attorneys. Many of these claims were challenging by virtue of their age and potential exposure and were further complicated with Medicare issues. The parties will detail how they were able to reach full, and final, Medicare compliant settlements, on these open claims. Techniques will also be discussed around the proper use of indemnification agreements, the timing of preparation and submission of the MSA, and Medicare’s new timelines for processing and settling conditional payments and the impact on settlement.

Roundtable 1 - None - I do not want to attend these roundtables

Roundtable 1 - PRODUCT LIABILITY - Recall Readiness: How to Survive and Thrive Before, During and After a Product Recall

• Speakers:
• Sonia M. Valdes, Medmarc Ins. Group
• David Wise, Cyberonics, Inc.
• Karen Woodward, Sedgwick, LLP

Nothing says "sue me" like a product recall. Recalls can be the greatest challenge a company faces. They hurt the brand and bottom line, bring heightened regulatory attention, and target the company for litigation. This panel discusses how to prepare for and survive a product recall, from in-house crisis management and regulatory agency interaction, to insurance considerations, to mounting an early pre-litigation defense

Roundtable 1 - PROFESSIONAL LIABILITY - Achieving Optimal Results In the Defense Of High Exposure Medical Malpractice Lawsuits: Perspectives From Hospital Risk Management, Claims And Defense Counsel

• Speakers:
• Michael Browdy, NYU Hospitals Center
• Michele Newman, Hamlin & Burton Liability Management, Inc.
• Kenneth Puig, McCumber, Daniels, Buntz, Hartig, Puig & Ross, P.A.
• Lawrence W. Rosenblatt, Aaronson Rappaport Feinstein & Deutsch, LLP

This roundtable discussion will focus on strategies, facilitated through case studies and personal experiences, employed by hospital risk management, claims and defense counsel in the handling of high exposure medical malpractice lawsuits in a large metropolitan city. Some of the topics to be covered will include determining, at the commencement of the litigation, and who will control the litigation. Should it be in-house claims council counsel or outside claims counsel? Indentifying your adversary and assigning the right defense counsel. Early recognition of problematic cases for fast tracking of internal investigation to determine if the case is defensible or if there is a need to engage in early settlement discussions. What the benefits and draws back may be of early settlement discussions. We will also focus on various strategies used to help flush out the plaintiff’s case such as using Daubert/Frye, summary judgment and other preclusive motions as well as mediation. Lastly, we will discuss if and when to start settlement discussion which will include who should handle those discussions, when to start, and if there is “truly” a no pay position and go to trial.

Roundtable 1 - PROFESSIONAL LIABILITY - The Power of Social Media - The Practical and Legal Issues Associated With Social Media As It Pertains To Employees

• Speakers:
• Carla Maresca, Deasey Mahoney & Valentini, Ltd.
• Stefani Schwartz, Self Employed
• Christopher Welgos, LG Electronics USA, Inc.

40 years ago . . you wrote a letter; 20 years ago . . . you picked up the telephone; 10 years ago . . . you sent an email; TODAY. . Americans go to the Internet and take advantage of the remarkable power of social networking. Many people now rely on social media for day to day communications. Companies large and small have established a presence on social media websites. People for business or for personal use exchange ideas, information and documents using social media. Social networking sites such as Facebook, LinkedIn, and Twitter have infiltrated modern culture and impacted the workplace. Social networking is a powerful tool that, when used responsibly, can promote marketing, networking and the exchange of ideas. However, social networking can also create public relations problems and legal liability. This panel presentation will focus on the benefits and risks that social media activity creates for employers and employees with hiring, firing and discipline decisions. This panel will focus on effective corporate policies, with relevant jurisdictional case law on how far an employer can go to manage an employee’s online behavior.

Roundtable 1 - TRANSPORTATION - What We Can Learn From The Top 100 Jury Verdicts Against Trucking Companies

• Speakers:
• Paul Berne, Lancer Insurance Company
• Donna L. Burden, Burden, Hafner & Hansen, LLC
• William Burns, Landstar System, Inc.
• Lewis Harper, Arch Insurance Group Inc.
• Chad Staller, The Center For Forensic Economic Studies
• Matthew Stone, Stone Kalfus LLP

In the past five years, juries across the U.S. have returned verdicts of $2-65 million against trucking companies nearly 100 times. This panel will examine discernible trends from those verdicts, will delve into the specifics of some of the biggest verdicts, and will lead an interactive discussion about the information, factors, and strategy used in (and the accuracy of) pre-trial evaluations and decisions about which cases to settle and which cases to try.

Roundtable 1 - WORKERS' COMPENSATION - Top Trends in Workers' Compensation - What Keeps Us Up At Night

• Speakers:
• Andy Condrey, The Gray Insurance Company
• Kimberly George, Sedgwick
• William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.
• Mark Popolizio, ISO Claims Partners
• Donna Urbanski, Casualty Claim and Mitigation Professionals, LLC
• Pamela R. Webster, Advance Auto Parts

The world of workers' compensation is increasingly complicated and dangerous, with unique issues not even on the radar a few years ago. Civil Rico is just one of the many tools being used to attack the exclusivity doctrine and expand liability well beyond the scope of the intended underwriting. Social Security fraud during the employment process leaves carriers subject to liability coupled with the thankless task of unraveling who should be compensated, together with the risk of an incorrect choice. Immigration issues result in unintended liability which defies logic and common sense but is non-the-less real. This session will promote a conversation on these issues, and on practical concerns such as staffing and training in a time where seasoned adjusters are retiring, together with narcotics and addiction issues, the cost of medical management, niche markets and consolidation of TPAs and carriers.

Roundtable 2 - CLAIMS - A Picture is Worth a Thousand Words - A Model is Worth Thousands More: Using Accident Reconstruction Models to Strengthen Your Case

• Speakers:
• Anthony Cornetto, Self Employed
• Tom Fee, Fee, Smith, & Sharp, LLP
• Daryl Wigington, Ben E. Keith Company

Hear how accident reconstruction models can be invaluable in instructing the jury about the mechanics of accidents. The panel will discuss the steps needed to collect accurate, real world data and how to transfer that data into the final product, which includes 3d models, animations, drawings, and simulations. Common accident reconstruction and modeling myths will be addressed using case studies from the legal, claims, and risk management industries.

Roundtable 2 - COMMUNICATION - Complex Communication in a Shrinking World and How That Impacts Litigation

• Speakers:
• Victor Hertz, Legal Language Services
• David Merrill, CoventBridge Group
• Tienneke Petit, BNP Paribas
• Peter Waldeck, Waldeck & Woodrow P.A.

From social media to language diversity modern litigation is faced with multiple challenges that demand creative solutions. This panel will discuss the increasing diversity and complexity of communication – both oral and written - with a focus on new laws that impact the use of social media, interactions with litigants who are not proficient in English and the collection and storage of data. It will be of interest to Fellows and lawyers working both here and abroad. Some of the questions addressed: How can social media be used to obtain information about claimants, opposing counsel, witnesses and/or experts? How can employers monitor communication among employees? What must be done to accommodate non-English speaking employees? What are the legal ramifications of doing business outside the United States where laws and languages may differ significantly? What are some of the new technologies emerging that will impact business and the law?

Roundtable 2 - CONSTRUCTION - The Relationship of Performance Bonds and Insurance on a Construction Project - Who Pays for What?

• Speakers:
• Susan Bryan, Markel Service, Incorporated
• Kelly Donaldson, Lewis Brisbois Bisgaard & Smith, LLP
• Brian Wehmeier, SEA, Ltd.

Hypothetical Project: A condominium project is 90% complete. The general contractor (“Contractor”) has posted a performance bond from a surety (“Surety”), and has general liability insurance provided by its carrier (“Insurer”). The project suffers moisture intrusion due to (i) damage to its roof caused by a hail storm; (ii) defective installation of the flashing, windows and wall system; and (iii) plumbing leaks of unknown origin (freeze? defective installation?). Contractor has cash flow problems. Contractor makes demand on liability carrier to make repairs. Owner makes demand on the Contractor and the Surety to make repairs. Owner hires expert to determine cause of moisture intrusion. Who pays for the repairs? This presentation would outline the insurance coverage, engineering investigation, and legal implication of complex performance bond from surety issues.

Roundtable 2 - ENVIRONMENTAL & TOXIC TORT - Emerging Risks - Anticipating and Managing the Latest Emerging Risks

• Speakers:
• Tracey Dodd, Sedgwick
• Randy Evans, Dentons
• Anthony Slimowicz, Amynta Group

Climate change, cybersecurity, hydraulic fracturing, greenbuilding, and greenwashing all have been identified as emerging risks. An emerging risk is a risk that has not yet fully developed and is not yet conducive to measurement. Insurance policy terms and conditions, pricing, and reserves might not yet recognize or have adapted to the risk. What are the hottest emerging risks and which ones will end up more like Y2K? This roundtable will debate what areas need to be monitored and the potential implications on various lines of business such as commercial general liability (CGL), directors and officers (D&O), property, environmental liability, professional liability, and renewable energy-related policies.

Roundtable 2 - ETHICS - Cutting Costs Through Professionalism

• Speakers:
• Christina Dixon, The Dixon Law Firm
• Robert McDade, CNA Insurance
• Thomas Noles, National Adjustment Bureau
• Michelle Prud'Homme, Jackson Kelly PLLC

Zealous advocacy, Professionalism, and Cost Containment are not conflicting objectives. Professionalism in dealing with claimants and counsel improves the bottom line. This panel will discuss tools for the claims professional and defense counsel to handle claims and litigation with the highest level of professionalism, leading to earlier reasonable resolutions and reducing costs associated with investigation and litigation. Working with unrepresented claimants: ethical obligations, getting the information you need to evaluate the case, establishing credibility for a better resolution; Obtaining pre-suit investigation from claimant’s counsel; Benefits of full disclosure; Effective, ethical negotiations; Litigation costs that can be avoided; Making informal discovery work for you; Using case management conferences with the court to stay focused; Cost effective compromises; Resolving scheduling and other petty disputes; Eliminating discovery motions in litigation; Effective ways to narrow legal issues reducing motions and time in trial; Eliminating motions in limine; How to communicate with jerks without becoming one.

Roundtable 2 - INSURANCE BAD FAITH - Surviving the Storm: Claim Responsiveness and an Insurer's Own E&O Exposure

• Speakers:
• Jeffry Baker, Boulder Claims, LLC
• Alicia Curran, Cozen O’Connor
• Kevin Huff, Crawford & Company
• John Ramirez, Bush & Ramirez, PLLC

In September 2008, Hurricane Ike struck the Texas Gulf Coast, causing over $29.5 billion in damages to those in its wake. Several thousand insurance claims were filed, many of which were disputed, triggering thousands of bad faith lawsuits asserting common allegations against insurance companies, third party claims administrators (“TPAs”), and individual adjusters. Not only does an insurer have to properly handle its claim with respect to its insureds, but it must properly handle and evaluate the claim with respect to its own Errors & Omissions Coverage. Errors & Omissions coverage for the Insurer and allegations of bad faith, by their nature, often involve degrees of grey regarding their application to an underlying case's defense and coverage. When an insurer goes to trial, it must re-evaluate its original coverage position and decide whether, when and how to provide notice to its E&O carrier or risk losing coverage should a runaway jury verdict ensue. This presentation is designed to discuss common themes in bad faith litigation, and specific actions insurance companies, TPAs, and individual adjusters can take to reduce their liability.

Roundtable 2 - INSURANCE COVERAGE - Managing Risk: A Road Map to Contractual Indemnity and Additional Insured Coverage

• Speakers:
• Carolyn Farino, The Related Companies
• Barbara Laskaris-Lorigan, Golden State Claims Adjusters
• Matthew Liedle, Liedle, Larson & Vail LLP
• Derek Steffen, Berkley Alliance Managers
• Wendy Testa, Wilson Elser

This fast moving session will promote vigorous discussion on numerous issues confronted by insurers, attorneys and clients in their efforts to minimize exposure and to make informed decisions about methods of managing and shifting risk in a global market. The panel will delve into contractual indemnification and insurance obligations assumed to one with additional insured status; key contractual language in indemnification and insurance clauses to optimize the rights of one seeking defense, indemnification and coverage as an additional insured; a broker's role and responsibilities related to its client's contractual indemnification and contractual insurance demands and/or obligations; the obligations of a party breaching contractual indemnification or insurance obligations; statutory and common law limitations on the right to be indemnified; the effect of Anti-Indemnity Statutes on managing risk; and, finally, the trend towards contractor controlled insurance policies---their advantages, disadvantages and limitations on managing claims through contractual indemnification.

Roundtable 2 - INSURANCE COVERAGE - Perspectives: When Policyholders And Carriers Litigate - Two (Or More) Sides To A Story

• Speakers:
• Daniel Deschenes, Hinckley, Allen & Snyder LLP
• Bryce Larrabee, RiverStone Resources LLC
• Bill McDaniel, Willis Towers Watson

Have you ever litigated a case and wondered what the other side was doing? Have you ever gotten advice from counsel and questioned whether your adversary was getting the same advice? Have you ever received a ruling from the court and were told by counsel the importance (or lack thereof), yet pondered if your adversary was being told the same? Hear from those who have gone to battle on these issues and more will speak from the policyholder and insurer perspective on what is going on behind the scenes in a litigation from start to resolution. Further, they will talk about “lessons learned” from this experience and how they will apply going forward.

Roundtable 2 - INSURANCE FRAUD - How Insurance Fraud Can Trigger HIPAA Violations

• Speakers:
• Heather Hughes, Self Employed
• Brian Koegle, Poole & Shaffery, LLP
• Robert A. Luskin, Chartwell Law Offices
• Mary Sadousky, MetLife, Inc.

This session will focus on how some insurance fraud claims can also trigger HIPAA investigations, violations and fines. HIPAA affects healthcare providers, insurance companies and their outside counsel and the 2009 HITECH regulations increased the fines and penalties for both civil and criminal violations. The presentation will focus on how safeguarding your law firms and your clients can prevent fraudulent activities. Case studies involving healthcare fraud and subsequent HIPAA fines will be covered. Come learn the strategies to navigate the Physical, Technical and Administrative safeguards required by HIPAA.

Roundtable 2 - LITIGATION MANAGEMENT - Defending Claims of RSD/CRPS

• Speakers:
• Franklin Bass, AXA XL
• Susan M. Clemson, Berkley Luxury Group
• Neil Kornfeld, Furman Kornfeld & Brennan LLP

As you are aware, plaintiff’s attorneys are more commonly alleging RSD (Reflex Sympathetic Dystrophy) or CRPS (Complex Regional Pain Syndrome) and obtaining large settlements and verdicts. The panel will present cases and examples of large verdicts involving these types of claims. The panel discussion will involve: •What is RSD/CRPS? The panel will discuss RSD/CRPS terminology and how this injury has evolved. •How is it caused, diagnosed, and treated? The panel will discuss etiologies and the five major clinical manifestations. •Creative strategies to reduce damages. The panel will address when to conduct an independent medical exam and by whom and what to look for in the plaintiffs treatment records. •What do insurers look for when evaluating these types of claims? The panel will discuss settlement and verdict value as well as how to set reserves. •Managing RSD/CRPS claims. •National trends involving RSD/CRPS litigation discussion will involve: •What is RSD/CRPS, •How is it caused, diagnosed, and treated •Creative strategies to reduce damages, •What do insurers look for when evaluating these types of claims, •Managing RSD/CRPS claims, and •National trends involving RSD/CRPS litigation

Roundtable 2 - LITIGATION MANAGEMENT - Managing Risk - Snow and Ice Litigation

• Speakers:
• Richard Arlington, Rich Arlington & Associates
• Jo Lynn Clemens, CPCU, ARM, JJC Insurance Services, LLC
• Brian Masterson, Coaction Specialty Management Company

From slip and falls to property damage, snowstorms create a variety of problems for property owners, municipalities, and snow removal contractors (as well as their insurers). Although snow and ice litigation follows the same basic analytical framework as ordinary negligence -- duty, breach of duty, causation, and damages, this area of law often involves unique issues. With a mix of attorneys, insurance professionals, and snow/ice professionals, this panel will examine snow and ice litigation from the perspective of the three common types of defendants in snow and ice litigation - property owners, municipalities, and snow removal contractors. This panel will address the unique issues surrounding snow and ice litigation, with a focus on the so called “Storm in Progress,” or “Ongoing Storm” doctrines currently followed by a majority of jurisdictions. Although these legal doctrines generally permit a landowner a “reasonable” amount of time after the cessation of a storm to remedy the situation, certain special circumstances exist which could defeat these doctrines. With a representative panel of industry professionals, the presentation will provide attendees with practical and specific defense strategies as well as demonstrating common pitfalls for defendants to avoid in snow and ice litigation.

Roundtable 2 - LITIGATION MANAGEMENT - Matchmaking 101: Introducing Associates to Clients and Getting them on Approved Counsel List

• Speakers:
• Brian Fleming, Triton Claims Management, LLC
• Kevin Foley, Reminger Co., LPA
• Alonzo Johnson, City of North Las Vegas
• Heather Maher, Swift Transportation Company

Many companies hire attorneys, not firms. What happens when you receive a new case and would like to assign it to another attorney in your law firm? If your law firm has multiple offices, you may receive a complaint venued in a different city that a different office within your firm can handle more economically due to location. The file may be better suited for an associate. Sometimes the case will require multiple attorneys. This session will cover what clients review and analyze when authorizing additional attorneys to work on their files, including assigning files to other attorneys and having multiple attorneys work on a single file.

Roundtable 2 - LITIGATION MANAGEMENT - The Technology and Art of Litigation Management

• Speakers:
• Hans Bengard, Onit, Inc.
• Kenneth Carter, Merchants Insurance Group
• Steven Eichler, Margolis Edelstein
• Steven Eichler, Margolis Edelstein

This is not your father's litigation management! Long gone are the days of shelf files and paper records. Paperless is no longer state of the art. Learn how cutting edge, web-based management tools permit carriers, corporate counsel and private counsel to interface using tools that assist in effective management of claims, from one claim to thousands of claims and learn how client compliance expectations can be met and recorded for efficient record keeping.

Roundtable 2 - MEDICARE - Addressing Medicare Secondary Payer Compliance in Liability Settlements

• Speakers:
• Daniel Anders, Tower MSA Partners, LLC
• Cliff Connor, Gallagher Bassett Services, Inc.
• Clayton Devin, Macdonald Devin Madden Kenefick & Harris PC

The Centers for Medicare and Medicaid Services (CMS) asserts the Medicare Secondary Payer Act extends not only to conditional payments for injury related medical care occurring pre-liability settlement, but also to future medical care occurring post-settlement. This assertion is leading CMS to consider formal regulations governing future medicals in liability settlements. In the interim, given the lack of guidance from CMS parties to settlements are left on their own to determine the best method to protect these interests. CMS’s interests in future medical care is in addition to its already active involvement in recovery of Medicare conditional payments and its requirement for reporting liability settlements involving Medicare beneficiaries to CMS. It is vitally important then for claims professionals and counsel to have a thorough and updated knowledge of Medicare Secondary Payer (MSP) compliance as it pertains to liability settlements. This roundtable session will address three areas of MSP compliance: • Considering Medicare’s Interest in Post-Settlement Medical • Medicare Conditional Payment Resolution: New Methods and Processes for Resolving • Implementation of Section 111 Mandatory Insurer Reporting and its Effects on Settlement.

Roundtable 2 - None - I do not want to attend these roundtables

Roundtable 2 - NON-SUBSCRIBER LAW - Texas Non-Subscriber Law Opting Out

• Speakers:
• Kelly Clement, Stage Stores, Inc
• Lisa Jurski, HCR ManorCare
• Lesley Perry, Providence Risk
• Will Pierson, Self Employed

This session, comprised of private industry representatives, senior claims professionals and a Best Lawyers in America recipient, will discuss non-subscriber law in Texas as it applies to Texas private employers who decide not to participate in the workers’ compensation program created by the Texas Workers’ Compensation Act. Panelist will also discuss what percentage of Texas private industries are non-subscribers, recent developments in the law and how they as either an adjuster, employer or legal counsel has handled a non-subscriber case. Further, each panelist will share their views on the positives and negatives of opting out of the workers’ compensation program and being a non-subscriber.

Roundtable 2 - PREMISES LIABILITY -The Big Three: Premises Liability Problems (and how to fix them!)

• Speakers:
• Jerry Hamilton, Hamilton, Miller & Birthisel LLP
• Rich Lenkov, Downey & Lenkov LLC
• Richard Sumner, Ulta Beauty
• Anthony Tutoni, Marsh

Everyone has horror stories about difficult premises liability claims in California, Illinois and New York. This all-star panel of retail liability professionals will provide useful, real world tips on how to take control of these challenging claims and prevail, even in these challenging jurisdictions.

Roundtable 2 - PRODUCT LIABILITY -Texting, Distracted Driving and legal Ramifications

• Speakers:
• Brian Boggess, SEA, Ltd.
• Ann Carvalho, McLarens
• Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC
• Lauren D. Wilkins, Langlois, Wilkins, Furtado & Metcalf, P.C.

We all know that texting and distracted driving have become a nationwide epidemic. Texting while driving has caused thousands of needless accidents. In the past couple of years, many states have passed laws to outlaw texting while driving as well as the use of mobile devices without hands-free equipment. The purpose of this panel discussion will be to discuss how a driver's perception reaction time is affected by distracted driving. We will also explain the statistics on the issue. The panel will discuss some of the recent state legislation on the issues as well as the steps that companies are taking to ensure that their employees are not involved in these situations. Some companies are going so far as to incorporate sections in their employee manuals regarding this issue and we will discuss the potential effects of implementing this policy in the workplace. Lastly, we will discuss how this affects litigation.

Roundtable 2 - PROFESSIONAL LIABILITY - Technology's Rapidly Growing Impact on the Standard of Care and Practice of Law

• Speakers:
• Carolyn Eldracher, Tokio Marine America
• Jarret Lewis, The Hartford
• Ian Matyjewicz, Herbert L. Jamison & Co., L.L.C.
• Karen Painter Randall, Unknown

As technology rapidly evolves, it has a tremendous impact on how we run a practice and practice law. The well-rounded panel, comprised of representatives from the insurance and legal world, will address emerging trends and issues facing lawyers today arising from cyber security and social media. An update of the current case law, ethical issues and trends and the impact on litigation will be explored.

Roundtable 2 - TRANSPORTATION - Recent Developments, Challenges and Best Practices in Motorcoach and Trucking Claims and Litigation

• Speakers:
• Murielle Arn, Graebel Companies, Inc
• Jim Foster, Cassiday Schade LLP
• William Lambros, AXA XL
• Joseph Pappalardo, Gallagher Sharp, LLP

This session is based upon the extensive experience of industry (an in-house claims coordinator with a Motor Carrier, and a Senior Vice President with a Transportation Insurer) and two outside counsel who regularly defend motorcoach and trucking claims and lawsuits. The presentation will address recent regulatory activity including an overview of CSA, Hours of Service, Electronic On Board Recorders (EOBRs) and distracted driving. The presenters, who include the co-chairs of CLM's Transportation Committee, will also address driver issues such as sleep apnea, driver retention and CSA's scoring of drivers. Finally the panelists will discuss best practices surrounding the interaction between the motor carrier and insurer as regards claim handling, document retention and operational issues as well as litigation management.

Roundtable 2 - WORKERS' COMPENSATION- Managing Your Workers Compensation Claims Department Using Data, Predictive Analytics and Performance Analysis

• Speakers:
• Steven Henning, Suite 200 Solutions
• Michael Mattix, Federated Rural Electric Insurance Exchange
• James M. Poerio, Poerio & Walter, Inc.
• James M. Poerio, Poerio & Walter, Inc.

Effective use of data analysis and predictive analytics in claims is far more than identification of potentially fraudulent claims and subrogation opportunities. Combining data analytics and predictive modeling with in-depth analysis of claim adjuster behavior is a powerful but underused management tool. In workers compensation claims, 20% of claims represent 80% of total loss costs. Only a fraction of these claims represent catastrophic injuries -- most large reserve claims are chronic injuries or illnesses. The challenge is to identify these claims at the onset of the claims process. The ability to quickly and prospectively identify this adverse segment enables proactive claim management strategies that will drive more effective business results. The power of combining data analysis, predictive analytics and claim handler behaviors will help you identify the costly 20% at the earliest possible time, enabling claims management to resource these claims properly. This Roundtable explores issues to consider when performing data analytics, creating predictive tools and measuring claim adjuster performance.

Panel Sessions - None - I do not want to attend these panel sessions

Panel Sessions - PANEL - How to Achieve the Holy Grail of Litigation Management: Achieving Great Results in an Economic and Efficient Manner

• Speakers:
• Rachel Azriel, Cox Communications, Inc.
• Laura Cornish, Madison Square Garden Entertainment Corp.
• Kevin Fisher, Allied World Assurance Company, Ltd.
• William Mitchell, Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP

This presentation is directed at the top methods and strategies that corporate counsel, insurance carriers and third party administrators can use to manage defense counsel in a manner which allows the relationship to achieve the Holy Grail of litigation management: great results in an economic and efficient manner. The presentation will focus on hot button issues in retaining and evaluating panel counsel (including metrics that insurance companies and industry leaders use in evaluating counsel, how defense counsel can and should abide by these metrics, and aligning the interests of defense counsel and the client). The presentation also will explore why conventional “value offered” solutions by defense counsel often do not equate to lower legal costs. The presentation will highlight the top ways that corporate clients, insurance carriers and third party administrators relate in how defense counsel can and do shoot themselves in the foot at each stage of the client relationship, as well as creative strategies for controlling defense costs while still achieving excellent results. Thus, this presentation also is of excellent value to defense counsel.

Panel Sessions - PANEL - Learn How the Advanced Use of Analytics and Metrics Can Provide Greater Predictability and Boost Your Business & Career

• Speakers:
• Thomas Anderson, CSX Corporation
• Edgar Meza, Fred Loya Insurance
• Kristina Satkunas, LexisNexis
• Mark Vorder-Bruegge, Wyatt, Tarrant & Combs, LLP

We'll look at how you can align measurement needs with business strategy, and focus on metrics that relate to financial performance, customer satisfaction, process improvement, learning and growth. We'll also discuss how to identify the metrics and analyses that are relevant to the major stakeholders in your organization (VP Claims, General Counsel, CEO, Senior Partner). Move from theoretical advice to practical solutions as you go step-by-step through the causes of unpredicted expense, and then discuss tools, best practices, and technologies useful to achieving greater predictability. Develop actionable plans and strategies by listening to what your colleagues are doing to improve predictability of departmental expenses.

Panel Sessions - PANEL - Staff Counsel: Benefits, Challenges, and Ethics

• Speakers:
• Janet R. Davis, Cozen O’Connor
• Katherine Giddings, Akerman LLP
• Patrick Hoey, Chubb
• Mark Stephens, CNA Insurance

Insurance defense staff attorneys are now an integral part of litigation management, providing competent representation to insureds while assisting in reducing legal spend. This panel will interactively discuss information beneficial to all attorneys and claims and risk managers, providing insight on the distinctions between staff and panel counsel, how to manage conflicts arising both before and during the course of representation, file management, and protecting against inadvertent disclosure of attorney-client privileged information in the corporate setting.

Panel Sessions - PANEL - The Intimate Secrets to a Great Attorney/Client Relationship, Creating Value and Gaining Respect

• Speakers:
• Daniel Costello, Costello Ginex & Wideikis, P.C.
• Steven Donnelly, Amerisure Mutual Insurance Company
• Simon Keshishian, Red Bull
• Lisa Manzer, Skyward Specialty Insurance

Do you ever wish your clients would just tell what they want? On the other hand clients often say why doesn’t the attorney just provide me with what I need? What can you do to satisfy your business partner in this current number crunching market? This panel will provide the perspective from both the client and the attorney on how to create a successful business partnership. The session will provide a roadmap for both the attorneys and the clients to develop a long lasting satisfying relationship. The group will examine what companies and risk managers need from their attorneys and what attorneys need from their clients? It will also provide real life solutions from Senior Level Management, and successful firms on how lawyers can create value for clients. This discussion will dissect the successful attorney /client relationships and illicit audience involvement to create a plan for risk managers, corporate legal, insurance professionals and attorneys in this current “bean counter” market. Attendees will gain insight from current and former company executives and those who are successful in cultivating these relationships

Panel Sessions - PANEL - Winning (and Losing) - Why Companies Change Defense Firms and How You Can "Wow" the Company to Get on the List

• Speakers:
• Harry Baumgartner, Plymouth Rock Assurance
• Susan Bledsoe, iCare Consulting Services, LLC
• Robert McDade, CNA Insurance
• Robert McDade, CNA Insurance
• Matthew Morrison, AFICS
• Kimberly Shambley, Bank of America
• R. Wade Vandiver, Vandiver Law & Mediation, PLLC

This panel, comprised of claims executives and in-house counsel and moderated by the former general counsel of an international claims management and loss adjusting company, will focus on the mechanics of the defense list process, the trends in that regard, the more significant reasons that result in the termination of relationships with defense counsel, what existing counsel must do to maintain and grow relationships, and what prospective counsel must do to secure work.

Roundtable 3 - ALTERNATIVE DISPUTE RESOLUTION - Collaborative Litigation

• Speakers:
• Gary Baumann, Baumann, Gant & Keeley, P.A.
• Marc Collins, Arch Insurance Group Inc.
• Phyllis Modlin, Markel Service, Incorporated
• Phyllis Modlin, Markel Service, Incorporated
• Richard Righi, Righi Fitch Law Group
• Jay Sever, Phelps Dunbar

Collaborative Litigation is a concept that is long overdue. With cost savings at a premium, industry leaders are searching for ways to curtail the cost of litigation. This panel will lead an interactive discussion that applies state of the industry ADR principles to common problems encountered by carriers, clients and counsel. The panel will take the audience through a temporal discussion of a multi-party construction defect case, interjecting novel approaches for dealing with coverage and litigation issues.

Roundtable 3 - ALTERNATIVE FEE ARRANGEMENTS - The Benefits, Risks and Unintended Consequences of Alternative Fee Agreements and Electronic Fee Auditing Services

• Speakers:
• Charles Clark, Clark, May, Price, Lawley, Duncan & Paul LLC
• Cathy Hester, National Association of Independent Insurance Adjusters
• Benjamin Leonard, Self Employed
• Tracy Leonard, Travelers

The phrase "alternative fee arrangement" ("AFA") has become commonplace within the legal world in an effort to save claims costs. As insurers encourage AFA's with their counsel, a few state bar associations have released ethical opinions which allow the use of AFA's, while at least one state bar has banned them altogether. Likewise, legal fee auditing has become prevalent in the industry. Yet, in the effort to cut mounting legal expenses and billing abuses are insurers and their counsel facing potential bad faith and/or malpractice actions by insureds who blame the AFA or fee auditing for an unfavorable result? Has there been a privilege waived that can be asserted by both counsel and insurer by having fees audited via a third party? Are insureds seeing savings in premium costs congruent with savings insurers realize from claim legal expenses? This topic would examine the use AFA's and legal fee auditing and discuss opinions issued by various states on their use. It will examine ethical concerns surrounding AFA's along with their benefits to all the parties to the claim. This topic will also examine whether AFA's and fee auditing have the potential for generating litigation, whether by direct or class action.

Roundtable 3 - CLAIMS - It's Not Just an Old Football Injury Acting Up - Traumatic Brain Injury In Minor Impact Cases

• Speakers:
• Bassil Aish, Beach Physicians Medical Group
• Tim Diveley, Self Employed
• James Sarrail, Sarrail, Castillo & Hall, LLP

Until recently, claims and litigation of traumatic brain injuries were largely limited to head injuries occurring on the football field or from other sporting activities. Now, however, plaintiff’s counsel are alleging TBI’s as the result of the most minor of impacts. Because of the increased number of such allegations, claims handlers and defense counsel need to understand whether and when TBI has occurred as well as its extent and severity. It is important to be able to evaluate and address the neuropsychological aspects of such claims. In this roundtable session, we will discuss the validity of such claims from three perspectives: 1) the forces needed to produce a TBI in low impact incidents; 2) the evaluation of TBIs by claim managers/handlers; 3) the defense of such claims by defense counsel, including which experts are needed to assist in the preparation of the defense. Included among panel members will be Basil Aish, M.D., a consultant with ESPN on TBI injuries in football, who will discuss present the medical issues presented by TBI claims. To prepare for this session, please view the short video on TBIs at http://www.youtube.com/watch?v=bZBlI9MeNQ4

Roundtable 3 - COMMUNICATION - Can You Hear Me Now? Communication Issues in the Workplace

• Speakers:
• Debbie Champion, Rynearson Suess Schnurbusch & Champion
• Paul Larimore, Wiedner & McAuliffe, Ltd.
• Renee Ramirez, American Airlines

As a woman, do you find yourself wondering why male co-workers seem to dismiss your point of view? Men, do you wonder why women sometimes bristle at your suggestions? The problem might have less to do with the quality of your ideas than your style of communication. Your success as a communicator depends not only on what you are saying, but also on what your co-workers are hearing. As society moves toward greater equality we tend to avoid talking about gender differences, but men and women communicate differently. If you want to be understood in a diverse workplace, it pays to understand your audience. This seminar will examine gender differences that can cause men and women to hear to the same message, but reach different conclusions. Panelists and audience will discuss new research about communication barriers between genders, explore alternative communication methods, and discuss the types of conversations that commonly result in misunderstanding between men and women. Attendees will share experiences and leave with a better understanding of the gender traps into which each side can fall.

Roundtable 3 - ENVIRONMENTAL AND TOXIC TORT - Hydrofracking -- What A Difference A Year Makes!

• Speakers:
• Blaine Edwards, Superior Energy Services, Inc.
• Christopher Iliff, Swiss Re
• Carl J. Pernicone, Wilson Elser
• Philip Watters, Rimkus Consulting Group, Inc.

The presentation will focus on the emerging hydraulic fracturing issues since last year. Emphasis will be on the oil and gas industry's responses to legislative and litigation developments and how environmental consultants, insurance professionals and attorneys are adapting to fluctuating social/political, geographic, legal and financial considerations. The oil and gas industry quickly moves drilling from unfriendly or uneconomical locals to new oil and gas plays. Service companies accelerate developing environmentally clean fracturing additives which minimize, recycle or even eliminate water use during fracturing operations. Some state and federal agencies delay or avoid implementing regulatory guidelines in seemingly never ending studies to allay environmentalists' concerns while other states meet or exceed timelines for implementing regulations. Well-funded environmental activist groups and aligned law firms evolve creative concepts to forestall all drilling and fracturing activities.

Roundtable 3 - ETHICS - Challenges of Legal Ethics in a Digital Era

• Speakers:
• Thomas Hyde, Liberty Mutual
• Shari Claire Lewis, Self Employed
• Charles O'Connor, M.J.Foster Insurance Services, Inc

A digital world requires technological competence, especially in e-discovery and the duty to preserve and produce potential evidence. Model Rules, 1.1, 3.4 (a). Cooperation is necessary in identifying electronically stored information (ESI) and following the Sedona Principles. Model Rules, 1.3, 3.2, 3.4 (d). In a digital era, lawyers must protect the confidentiality of electronic information from disclosure. Model Rules, 1.6, 1.1. Lawyers and non-lawyers alike must receive supervision and training in the use of technology and the evolving law as to competence, cooperation and confidentiality. Model Rules, 5.1, 5.3, 1.6.

Roundtable 3 - INSURANCE BAD FAITH - How to Fare with the Unfair Claims Practice Acts

• Speakers:
• Mary Bertram, Red Shield Insurance Company
• Jeffrey Hill, Hill & Lamb LLP
• Michael McMyne, Norwiledest, LLC
• Timothy Waldeck, Self Employed

This topic is directed toward insurers, risk managers, and coverage counsel. The scope is to discuss on a national basis the fair and unfair claims practice statutes and procedures. The focus is on guidelines utilized by industry professionals in establishing a protocol of response to claims of unfair practice. The panel will analyze the issues developed both in first party and in third party claims and discuss various means to respond. It will include discussion of unfair claims practices, including lawsuits by claimants and restrictions of those in most states. Emphasis will be placed upon the timeliness of a response and the significance of having claims coordinated rather than separately handled by separate claims handlers. The importance of evaluating claims, communicating with claimants and monitoring claims will be explored as well as identifying states that require significant attention because of the onerous nature of their statutes. It is anticipated that this discussion will invite a great deal of participation about general procedures, responding to unfair claims practices, and the need to deal with 50 different statutory structures.

Roundtable 3 - INSURANCE COVERAGE - Are Eight Corners Enough? Strategies for Utilizing Extrinsic Evidence in Duty to Defend Cases

• Speakers:
• Christopher Carucci, Gallagher Bassett Services, Inc.
• George Jackson, Bush & Ramirez, PLLC
• William Stewart, AmTrust Group
• Howard Wollitz, Charlston, Revich & Wollitz LLP
• Harrison Yoss, Thompson, Coe, Cousins & Irons LLP

Generally, courts determine an insurer's duty to defend by reading the insurance policy along with the allegations of the underlying lawsuit. However, more and more, courts in different jurisdictions look to the actual facts or extrinsic evidence in order to make rulings on the duty to defend. As a result, attorneys who practice coverage litigation, in-house counsel facing coverage questions, and insurance carriers addressing coverage issues must adopt strategies to develop and utilize extrinsic evidence that may determine whether a duty to defend exists. The panel will examine the leading case law for jurisdictions that consider extrinsic evidence in determining the duty to defend, with a specific focus on the type of evidence courts find admissible and persuasive. In addition, the panel will discuss practical strategies you can utilize to acquire and present such evidence in declaratory judgment actions in order to equip you with the proper background and strategy to successfully navigate this emerging area of law.

Roundtable 3 - INSURANCE COVERAGE - ROR's and CUMIS counsel - Past, Present and Future

• Speakers:
• Brian Bornstein, AIG
• Timothy D. Crawley, Anderson Crawley & Burke, PLLC
• Steven Donnelly, Amerisure Mutual Insurance Company
• Catherine Muldoon, BDP International
• Thomas Segalla, Goldberg Segalla LLP

Reservation of Rights letters from Insurer to Insured are a necessary component of the Tri-Partite Relationship in civil litigation, but they have spawned judicially - and now statutorily - mandated "CUMIS counsel" in many jurisdictions. How did that develop? Why is it seen as being necessary? How do Insurers deal with it? How does it vary from jurisdiction to jurisdiction? Where do we see that trend going in the future?

Roundtable 3 - INSURANCE FRAUD - Staged Accident Rings - Early Recognition, Preemptive Action and Prosecution

• Speakers:
• Robert DiFrancesco, Philadelphia District Attorney's Office
• Cathy Gicker, Self Employed
• Jonathan M. Kuller, Self Employed

Staged accident rings cost automobile insurers millions of dollar annually in property damage claims, medical expense payments, personal injury claims and UM/UIM claims. Often, an insurer may be a target of these rings for years before realizing that it is the victim of such organized activity. However, early recognition of such conduct affords far greater opportunities for proactive and preemptive action. This presentation will focus on the characteristics of staged accident rings, early recognition, effective responses and criminal prosecution. The program is geared towards high ranking claims and underwriting officers and SIU directors with a particular emphasis on education focused on early recognition of staged motor vehicle accident ring activity.

Roundtable 3 - LITIGATION MANAGEMENT - Attacking Future Wage Losses in an Uncertain Economy

• Speakers:
• Dennis Cotter, Amundsen Davis LLC
• Ronald del Pino, Quovant

Labor Unions are under attack, rightly or wrongly, across the country. Some unions (i.e. construction) have made wage concessions to ensure being included in major projects. Do these concessions provide a basis to attack the often huge future wage loss projections, and if so, how should that be approached?

Roundtable 3 - LITIGATION MANAGEMENT - It Ain't All Fun and Games! How to Level the Playing Field for Managing Sports & Recreation Risks

• Speakers:
• Lance Albright, QBE Insurance
• Frank Sabaitis, Sabaitis Lunsford & Moore
• Ian Stewart, Wilson Elser

The sports and leisure market has seen an explosion of new risks over the last few years. Insurance carriers and their outside counsel are now being forced to respond to innovative claims and previously unforeseen liability. The landscape is being changed by new sports such as mixed martial arts, newly understood dangers from concussion, new products and performance enhancing drugs, increasing standards of care for youth sports, and the impact of social media. This panel of insurance professionals and attorneys has broad experience responding to these risks, including managing a national Sports & Recreation program. Please join us to discuss these issues and others, including effectiveness of waivers, assumption of risk, due process/league rules violation claims, unique risks involving students, spectator injuries/crowd control, and recreational/governmental immunity.

Roundtable 3 - LITIGATION MANAGEMENT - Spend a Little Now, Save a lot Later: The Practical Effects of Post-Accident Investigation

• Speakers:
• Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
• Terrence L. Graves, Sands Anderson PC
• Peter Prinsen, The Graham Company

Companies facing a catastrophic injury claim can tip the scales in their favor. Three dimensional scanning techniques and information downloads allow reconstructionists to accurately recreate an accident down to its finest detail. This technology creates a three dimensional open world in which viewers are given free-reign to experience or witness the accident from any vantage point of their choosing. Companies no longer need to rely on witness perception and subjective data; rather, new technology has made objective data available to all. These new technological tools lead to earlier and more accurate risk assessments and enable companies to settle claims for less money. And, these techniques can be used on virtually any type of catastrophic injury case from vehicle collisions to construction site accidents. Using this type of technology can only benefit a company facing a catastrophic injury claim. Our panel consists of experienced attorneys and claims specialists that have developed and implemented post-accident procedures that utilize this technology. This panel specializes in identifying which cases should utilize post-accident response technologies to limit companies’ exposure without draining their bank account.

Roundtable 3 - MEDICARE - What Do I Do With This Thing? Settling Claims Involving MSA's

• Speakers:
• Susan Bledsoe, iCare Consulting Services, LLC
• Tracey Davanport, Sedgwick
• Jennifer Jordan, MEDVAL

During the past decade, parties to insurance settlements have become increasingly aware of Medicare’s involvement in their claims. However, awareness hasn’t led to better outcomes because most people don't understand why they are protecting Medicare's interests or how to do so. Reliance on outside vendors’ opinion of Medicare compliance often runs counter to an organization's philosophy and risk tolerance in the settlement process. MSAs are obtained and assumed to be necessary and correct, but this isn't always the case. This session will provide attendees with the tools necessary to manage the Medicare compliance issues throughout the claims process. Attendees will be told what red flags to look for prior to considering settlement, when to obtain an MSA, suggestions for perfecting medical records, how to read an MSA, different ways to negotiate settlements involving MSAs, the benefits and pitfalls of seeking CMS approval, and many other tips for resolving insurance claims in a cost effective manner. We will end with the review of a successful internal program implemented by one carrier, and the techniques used to ensure their claims staff follows the program when settling cases.

Roundtable 3 - MUNICIPAL LAW - Risk Management Perspectives for Representing Municipal Clients

• Speakers:
• Sandra Burgess, City of Memphis
• Larry Bush, Intergovernmental Risk Management Agency
• Michael DeLonay, AXIS Specialty US Services, Inc.
• Mark Hanna, Mouledoux, Bland, Legrand & Brackett
• William Oberts, Tribler Orpett & Meyer, P.C.
• Amy Pechacek, Lake County Risk Management

This roundtable discussion will discuss the risk management view for representing municipal cities. The panelists will discuss different risk management viewpoints and how their role may differ from the other panelists. Some of the topics that will be discussed are: Managing claims with contractual indemnity, Implementation of policy and procedures, Request and review motor vehicle reports, Submit completed claim form to report accidents/claims, Provide adequate training to personnel, Review accurate historical data concerning losses and obtain loss ratio information, How does the risk manager obtain assistance from the top administration?

Roundtable 3 - None - I do not want to attend these roundtables

Roundtable 3 - PREMISES LIABILITY - Who Won & Who Lost & WHY? Jury Verdicts from 2012: What We Did Right And What We Can Learn From Recent Verdicts

• Speakers:
• Teresa Beck, Klinedinst PC
• Jill Dulich, California Self-Insurers’ Security Fund
• Cindy Poortinga, Hiscox

Description: Moderator & AV Rated Litigator Teresa Beck will describe facts of cases resulting in several interesting and educational verdicts from 2012, and panelists as well as session attendees will guess at whether the facts resulted in a defense verdict, or a plaintiff verdict and if a plaintiff verdict, how much. The outcome will be revealed and panelists in the restaurant, retail, and hospitality field will discuss lessons to be learned from both positive and negative outcomes. Jury verdicts reached in 2012 will cover representative regions of the United States relating to the retail, restaurant and hospitality industries, including both ordinary and extraordinary fact patterns.

Roundtable 3 - PRODUCT LIABILITY - What a Tangled Web We Weave When Dealing with a Party of Three

• Speakers:
• Richard J. Baker, Owen, Gleaton, Egan, Jones & Sweeney, LLP
• Brian Benoit, Self Employed
• Issy Bustamante, Self Employed
• Leslie Lumpkins, Legal Support Solutions

Interactive case study discussion focused on the dynamic relationships between a self-insured company, its personal counsel, and its insurance company when faced with a major claim exceeding the SIR. Delve into the plethora of potential pitfalls for the players involved during the initial claim investigation phase. Discuss the different goals and hurdles for each of the players, the benefits/ disadvantages of employing certain strategies, and how the players might work together for their mutual benefit.

Roundtable 3 - PROFESSIONAL LIABILITY - The Economic Recession and Damages: A Review of How Professional Liability Defense Attorneys Are Using The Economic Collapse To Undermine Damages Claims And Theories

• Speakers:
• Dennis Galvin, Argo Group US
• Joseph Garin, Lipson Neilson P.C.
• Regan Katz, Wortham Insurance and Risk Management
• Dax Watson, Lipson Neilson P.C.

This session will focus on how the economic recession has opened the door for new and creative damages defenses in all lines of professional liability defense. This will include case studies and discussion that focus on the impact of this recession on causation arguments, but also an in-depth review how damages arguments in general are strengthened or weakened by the collapse. For example, how does the default on a loan in a real estate transaction impact a claim against a real estate professional or escrow professional in the standard disclosure case? How does a business failure due to economic forces impact a legal malpractice claim relating to the drafting of the partnership agreement for that business? How are suitability claims in securities related matters impacted by the recession and its fall-out? Has the Restatement and its "out of pocket" and "benefit of the bargain" damages been turned upside down? These are just a few of the areas that attendees will explore in this incredibly vast and ever-changing area of the law.

Roundtable 3 - TRANSPORTATION - The Changed Landscape of Brokerage Exposure

• Speakers:
• Melissa Dixon, Dixon Insurance Inc.
• Scott Light, Transportation Insurance Advisors, LLC
• J. Scott McMahon, Self Employed
• Mark Reed, Reed Transport Services, Inc.

Transportation industry leaders will address the current and future status of the transportation brokerage industry from both claims and risk management standpoints. This interactive roundtable focuses on the disturbing trend of high level broker exposure to bodily injury and cargo claims pursued by an aggressive plaintiff’s bar. Many expect the advent of CSA 2012 provides another basis for vicarious broker exposure. The panel will address the legal and regulatory environments under which brokers operate, and discuss best practices in drafting agreements that fairly allocate risks and protections. Finally, we will provide a glimpse into plans for broker regulation and what that means to the transportation business.

Roundtable 3 - WORKERS' COMPENSATION - Claims Leakage - The Silent Destroyer of Your Fiscal Fitness

• Speakers:
• Janay Ferguson, Self Employed
• Bill Goldstein, Wells Fargo Insurance Services
• Geoffrey Griffin, Norcross
• Detta Hanson, Weyerhaeuser
• Kris Kennet, Aon

Utilizing the analogy of energy leaking from a home that will be a familiar example to all constituencies, our panel with over 150 years of claims experience will identify the many areas of possible leakage (dollars lost) in Liability and Workers' Compensation claims. Leakage, or the inability to detect the evaporation of dollars, occurs on a daily basis in Risk Management programs and happens without fanfare or attention. It is silent, and without knowledge of these possible challenges, it most likely is happening in your program today. Our panel will provide specific examples of Leakage, and will give the audience members knowledge of the many areas (resources, process, vendor use etc.) where leakage occurs. Included in the examples will be quantitative analyses of Leakage that are tangible and provide a view in to the world of Leakage that few have seen. Finally and most importantly, the panel will provide the audience with specific remedies to address these areas and offer a range of ideas and suggestions, knowing all programs are different, to improve their results. The CLM Fellow or Member will walk away with a game plan to return to their office and tackle Leakage in their Claims programs.

Premier Session 2 - Leading by Example, Learning from Experience: Pathways to Dynamic Leadership What is it that makes some leaders truly excel at taking their organizations to the next level?

• Speakers:
• Marcus Banks, Wyndham Hotel Group
• Joe Hanna, Goldberg Segalla LLP
• LoriAnn Lowery-Biggers, Navigators, A Brand of The Hartford
• Jane Tutoki, Sedgwick

In this session, our panel of top-level executives from both the insurance and corporate worlds will share their experiences and discuss what it takes to make a dynamic and lasting impact as a leader. We will explore the varied pathways our panelists took to reach the highest levels of leadership, along with topics such as effectively leading teams through the toughest and most controversial challenges, leveraging the inclusion of diverse individuals and viewpoints to benefit the entire organization, and successfully recruiting the leaders of tomorrow. Seasoned pros and new leaders alike will learn practical tips and best practices for attaining — and maintaining — their position as a key player and driver of the company’s culture and vision.

Roundtable 4 - CLAIMS - #TooEasyToDelete - Avoiding Spoliation: It's Not Just Our Duty

• Speakers:
• Linda August, Transguard Insurance Company of America
• Roger Harris, Self Employed
• Sue Nemchik, Southern Regional Medical Center

A successful defense requires not only potential Defendants preserve documentation, but that claimants and third parties do the same. This panel will address the expanding scope of evidence, tools to ensure its preservation effectively, and policies to implement these tools. Claimants, employees, and witnesses now document events constantly and share them world-wide. Simply by touching their phones they record and exchange information instantly through numerous interfaces. Businesses likewise utilize surveillance technologies and automated logs. This new flow of information documents evidence in a web of electronics across many locations. But what is easy to record is also easy to delete. Securing this evidence, and knowing when it is deleted, is now key to your defense. At the earliest opportunity, risk managers, claims agents, and counsel must trigger duties for claimants and third parties to preserve evidence. Effective questions and requests can ensure that you obtain the full range of relevant material pre-suit without instigating litigation. This panel will discuss procedures to secure evidence that are quick, thorough, and flexible. Ineffective or outdated policies can result in lost evidence or sanctions. It will recommend policies to secure pertinent evidence and address evidence deleted by claimants and third parties.

Roundtable 4 - CLAIMS - Claims Evaluation/Negotiation - Understanding Your Client's Perspective.

• Speakers:
• Mary Anderson, IAT Insurance Group
• Steve Elliott, Bernard, Cassisa, Elliott & Davis
• Jeffrey Johnson, Johnson Law Group
• Nick Lanza, Lanza Law Firm, P.C.
• Jeffrey Schneider, Catholic Mutual Group

This discussion will focus on what an industry person or an attorney should know and understand as they begin to evaluate a litigated claim. While the ultimate goal is to resolve the case that needs resolution, the considerations, constraints, and conclusions for a self-insured can be quite different than a traditional insurance carrier. You will be involved in the discussion that will provide you with the perspective from each of the panel members.

Roundtable 4 - COMMUNICATION - Mastering Communications - Bridging the Generation Gap When the Adjuster and the Lawyer Effectively Communicate With Each Other

• Speakers:
• Bradley Drew, PACE
• Margaret Erife, ESIS
• Mark Trimble, Rohrbachers Cron Manahan Trimble & Zimmerman

First, we will discuss how different generations learn. There is ample information that we can draw from where Baby Boomers have effectively been taught through the lecture process. Further, Gen X's and Gen Y have typically been taught with hands on teaching. As such, there is a difference in how each communicates based upon how they were taught and how each use the telephone vs. e-mail and text messaging. Also, we will discuss how social media has impacted our society and how we communicate. We will then discuss how each generation interprets communication differently. We will discuss these differences and how to overcome them. We will then discuss the attorney's role in how to effectively communicate with the adjuster using this information. The final topic will be how the adjuster effectively communicates with the attorney.

Roundtable 4 - ENVIRONMENTAL & TOXIC TORT - Climate Change and Insurance: What's Ahead?

• Speakers:
• Christina Carroll, Dentons
• Domenick DiCicco, Sedgwick
• Juan Fernandez, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC
• Lindene Patton, Unknown
• Thomas Scrivo, O'Toole Scrivo Fernandez Weiner Van Lieu, LLC

Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, hurricanes, and the like, whether or not attributable to climate change, challenge the insurance industry’s abilities to measure and predict risk. This roundtable is for anyone interested in the potential risks and opportunities associated with climate change and its possible impacts on the insurance industry. This roundtable will delve into the issues surrounding both current and emerging legal aspects. We will provide background on greenhouse gas-related regulation and existing and emerging climate change-related litigation as well as coverage litigation. We will discuss implications for commercial general liability (CGL), directors and officers (D&O), environmental liability, professional liability, property, and renewable energy-related policies and potential exposure drivers in each area.

Roundtable 4 - ETHICS - Doing the Right Thing; Ethics in Claims Handling

• Speakers:
• Michael Caspino, Busch & Caspino
• Cori Flam Meltzer, CFM Mediation, LLC
• Stephen Truono, NFI Industries

Above all else, from claims representatives to attorneys, ethical conduct should be our top priority. In an interactive and entertaining environment, difficult ethical scenarios will be discussed. This will not be a recitation of Rules of Professional Conduct. This will be a hot discussion by panel members and participants on controversial ethics issues in our everyday practice. Continuing legal education ethics credits for claims professionals and attorneys has been requested

Roundtable 4 - INSURANCE BAD FAITH - The Latest Trends in Bad Faith Litigation And Tactics Used By Plaintiffs' Attorneys To "Manipulate" The Value Of A Claim

• Speakers:
• Paula Letterman, Unknown
• Ronna Ruppelt, CLM
• Bharat Varadachari, HeplerBroom LLC

The roundtable will focus on how to protect the interests of the insured and the carrier when a plaintiff’s attorney presents the carrier with a policy limit demand. In particular, the discussion will center on two cases studies and consider how to balance the duty to protect the interests of the insured without paying an amount in excess of the value of the claim. Plaintiff attorneys across the country are continually thinking of methods to limit the carrier’s ability to thoroughly investigate a claim by placing limits on the time the carrier has to respond, with the potential for a bad faith claim looming in the background. There will be discussions on how to extend the time to respond, what the carrier is entitled to review before having to respond to the demand, if the carrier should consider providing coverage in excess of the original policy limit in order to remove the Plaintiff attorney’s threat, and how the carrier should counter once the Plaintiff attorney withdraws the demand and attempts to seek damages in excess of the limits for bad faith failure to settle a claim within the policy limits.

Roundtable 4 - INSURANCE COVERAGE - How a Bank Failure Affects Insurance Coverage

• Speakers:
• John Cullen, ABA Insurance Services Inc.
• Edward Donohue, Hinshaw & Culbertson LLP
• Donald Pratt, Kalchik, Pratt & Associates, LLC

This is a comprehensive presentation of the impact of an FDIC receivership on all forms of liability and property insurance with a focus on financial institution bonds and errors and omissions policies

Roundtable 4 - INSURANCE FRAUD - Tales from Post-Katrina and Isaac Gulf Coast: Evaluating and Litigating Fraud Claims in the Wake of a Major Catastrophic Event

• Speakers:
• James Hailey, Lewis Brisbois Bisgaard & Smith, LLP
• Rick Linville, Custard Insurance Adjusters Inc.
• Frank Smith, AXA XL

This session's instructors personally experienced Hurricane Katrina, Isaac and other catastrophic events. Attendees will learn the necessary elements of preparing for and handling catastrophic claims through to litigation. Prepare your company personnel from the Executives to the adjusters on the front lines for the onslaught of hard and soft fraud claims without exposing the company to bad faith claims. Prepare the adjusters to interact with distraught insureds. You will learn coordination, communication and uniformity among all company personnel, from top to bottom. Learn what background investigation to perform before the inspection and follow through with the sight inspection. Learn the scope of claims from refrigerator food spoilage to ALE food and mileage requests, Civil Authority, business interruption, mold and the gambit of suspicious claims. Gain insight into the public perception of insurance companies in general and your company from adjusting the claim to the litigation of claims and the jurors' tolerance for fraudulent claims after a catastrophic event. Learn how to counter the plaintiff's attempts to obtain the upper hand throughout the claims and litigation process including settlement and trial strategies.

Roundtable 4 - LITIGATION MANAGEMENT - Avoiding the Dangers of the Loss Of Privilege In Cross-Border Litigation

• Speakers:
• Heather Devine, Isaacs & Co.
• John Shelonko, Self Employed
• Jonathan E. White, Home Depot U.S.A., Inc.
• Eric Zalud, Benesch Friedlander Coplan & Aronoff LLP

There have been recent disturbing developments in the law of privilege. In cross border litigation, privilege can be lost when US companies are compelled to produce documents due to their affiliates or subsidiaries being involved in Canadian litigation. Although these two jurisdictions may share an understanding of the importance of maintaining privilege and confidentiality, views differ as to how and to what extent these protections should be implemented. Speakers will provide practical strategies for members of the management team and in-house counsel on how to protect your company and client by maximizing the protection provided to privileged documents as well as integrate the corporate perspective with US litigation strategy in order to better prepare multi-national companies when conflicts arise in cross-border litigation.

Roundtable 4 - LITIGATION MANAGEMENT - Challenges for Insurers, Insureds and the Brokerage Community Presented By Large Self-Insured Retention Claims

• Speakers:
• Marcheta Leighton-Beasley, Wood Group
• David McMahon, Offices of David J. McMahon
• Carl Patchke, Marsh
• Beth Popik, Self Employed

This roundtable presents multiple perspectives surrounding the handling of complex claims under a policy with a large self-insured retention (SIRs). Insurers often benefit from the use of SIRs because these types of policies assure that insureds have a role in minimizing claims costs. Insureds use SIRs to control premiums and preserve limits. Using four hypothetical claims situations, we will illustrate the challenges of such scenarios for the insurer, insured and broker

Roundtable 4 - LITIGATION MANAGEMENT - How to Duplicate Success-Modeling Strategies to Close Claims, Pay What You Owe, and Get More Business?

• Speakers:
• Daniel Costello, Costello Ginex & Wideikis, P.C.
• Michael Cronin, Westfield Insurance
• Mike Williams, Florida Peninsula Insurance Company
• Daniel Winkler, Westfield Insurance

Our panel discussion will work to unravel the answer to a key question: How Can I possibly make everyone happy in the current claims/legal market? What are the direct steps to take my operation to a consistent repeatable result? Why is predictability key to clients? The panel will interact with the audience to: Present and discuss a systemic litigated operational model, which embraces project management and task segmentation. It will highlight processes that engages all parties in a continuous program of best practice conformance, and, to understand a total case outcome methodology that enables organizations to leverage performance metrics that positively impact expenses, indemnity payments, and performance rewards. By the end of the panel discussion the audience should have an understanding of how to best govern the many moving parts comprising the entire litigation process, from initial investigation through final resolution. The model will also allow counsel to understand the complex inter-workings of their clients with secrets to achieve results that will in result in more business.

Roundtable 4 - LITIGATION MANAGEMENT - Preventing Smart People from Saying Dumb Things - Defending Depositions of Professionals and Corporate Representatives

• Speakers:
• Larry Beemer, Tokio Marine HCC
• J. Thaddeus Eckenrode, Eckenrode-Maupin
• Elizabeth Ganiere, McDermott
• Gregory Victor, TorresVictor

Corporate officers or designated “reps”, and other educated professionals (physicians, architects, accountants), often are the key witnesses in cases brought against them individually or against their employers. In spite of their education and experience, however, they often can substantially damage a defensible case by failing to understand the nuances and finer points of giving deposition testimony. This discussion will examine some of the personality traits, biases and prejudices, language and cultural issues and general attitudes that create these opportunities for disaster, and how both counsel and claims professionals can identify them in advance, work with these individuals to isolate the problems, and correct these well in advance of testimony. Cases often go from good to bad with poor corporate or professional witness deposition performance, which substantially increases litigation costs and indemnity exposure. Learning to identify these risky witnesses can potentially save claims professionals and their carriers hundreds of thousands of dollars in litigation expenses.

Roundtable 4 - LITIGATION MANAGEMENT - Top Ten Things That Keep Risk Managers Up at Night

• Speakers:
• Jennifer Cheek, Macdonald Devin Madden Kenefick & Harris PC
• Scott Clark, Miami-Dade County Public Schools
• Patricia Kagerer, ACIG Insurance Company

In today’s economic climate, the focus for many corporations is on results: finding better solutions faster. To optimize performance, we must be able to effective resolve issues, settle differences and implement solutions on every level. The “Top Ten Things That Keep Risk Managers Up at Night” session provides participants with an overview of potential risks to corporations as well as the opportunity to learn effective strategies that seek to mitigate the risk. This session address the unique challenges associated with each risk, industry trends and will offer prospective solutions. Real world examples and case studies also will be shared with session participations.

Roundtable 4 - MEDICARE - Claims Have Consequences: How Conflicting Court Decisions Regarding the Medicare Secondary Payer Act Affect Settlements.

• Speakers:
• Nichol Bunn, Lewis Brisbois Bisgaard & Smith, LLP
• Russell Davis, Downey & Cleveland, LLP
• Sonia Odarczenko, AmTrust Group

With the Hadden decision, the 6th Circuit held that responsible parties are obligated to reimburse Medicare the full amount of medical expenses made the basis of the claim – regardless of the settlement amount or the apportionment of liability. We will discuss whether this decision conflicts with other jurisdictions and the status of the U.S. Supreme Court’s review of the issue. We will also discuss how the decision affects you and the best practices for resolving claims involving past or future medical expenses paid by Medicare.

Roundtable 4 - None - I do not want to attend these roundtables

Roundtable 4 - TEXAS NONSUBSCRIPTION - Non-subscription in Texas: Can Opting out of Workers' Comp be a Windfall or Liability?

• Speakers:
• Steve Bent, Texas Association of Responsible Nonsubscribers (TXANS)
• Kevin Lutzke, Dean Foods Company
• William Toles, Self Employed

One of the hottest cost issues for any large employer is handling employee injury claims. Texas has long allowed employers to opt-out of the State workers' compensation program through "non-subscription." This permits employers to manage their own employee injury claims and avoid paying into the State workers' comp plan. However, while non-subscription is allowed, there can be minefields. Understanding non-subscription is key to determining whether your company could save millions on costs/indemnity or may be exposed to excessive liability. Moreover, non-subscription may be a wave into the future, as Oklahoma could soon be the second state to allow non-subscription, which may cause a domino-effect of legislation allowing non-subscription in many states.

Roundtable 4 - TRANSPORTATION - Are You On The Cutting Edge? Defense and Mitigation Strategies for Large Loss Transportation Claims

• Speakers:
• Ralph Bisceglia, American Transit Insurance Company
• Cruz Lizano, Resorts World Casino New York City
• Claire Rush, Barry, McTiernan & Moore
• Janeen Thomas, Saxe Doernberger & Vita, P.C.

This session will explore: 1) How to collect, organize, use and present information from Event Data Recorders to defend clients and minimize risk. 2) Whether the risk management advantages of installing a video driver behavior monitoring system outweigh the potentially damaging effect such technology can have in the context of litigation. 3) How to identify relevant driver behavior patterns to mitigate risk in Workers’ Compensation and General Liability settings. 4) How to cost effectively identify and litigate large numbers of soft tissue cases utilizing bio-mechanical principles. 5) How to ethically mine the internet for public information about plaintiffs/claimants, secure the information and expose inflated claims of damages. The participants in this roundtable will discuss how defense counsel, claims personnel and risk managers can collaborate in utilizing these strategies to realize significant cost savings and improved driver safety