2014 Annual Conference

Course Description

Opening Session and Keynote Speaker

April 09, 2014 5:00 PM

Join us as we kick off the Annual Conference with the announcement of the winners of the 2014 CLM Professionals of the Year Awards followed by Keynote Speaker best-selling author Brad Meltzer.

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PREMIER SESSION 1: Learning From Yesterday - Developments That May Change the Future of Claims and Litigation

April 10, 2014 8:30 AM

Strong leaders plan for change to effectively manage their futures and their companies’ futures. This panel of "change makers" will discuss the direction of the claims and litigation management industries over the next two to five years. In this opening session, the panel shares how the past shaped today and how today has paved the way for some new, dynamic developments on the horizon. Learn how this generation is turning trends into tradition and forming the future. Through the eyes of these claims and litigation management leaders, you will have the insider’s look of those who are inventing the future of our industry.

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Round Table 1 - ALTERNATIVE DISPUTE RESOLUTION - Pay What you Owe!

April 10, 2014 10:10 AM

It sounds like a simple concept. However, there are many factors involved in deciding when and for how much a claim should be settled. Most insurance professionals and risk managers use or implement this concept every day. Resolving a case for the fair value should be the main goal of any claim. But what is the “fair value?” Our presentation will discuss the factors and pressures these decision makers encounter as they evaluate their claims. The timing of the “paying what you owe” is also a crucial component of the topic. Do you resolve the case pre-suit? early? before or after experts are involved? or at a last minute before trial? The panelists will provide useful keys to making that determination. The theories and tools that exist to assist the decision makers, such as the use of Proposals for Settlement and other settlement vehicles created by State Legislatures, will be discussed by our panelists. Finally, the different perspectives from the eyes of a risk manager, an insurance professional and the attorneys will be intertwined throughout the topic.

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Round Table 1 - APPELLATE/GENERAL LIABILITY/COVERAGE - A Time to Change: Effectuating Change and Developing Laws with Long Term Goals

April 10, 2014 10:10 AM

On occasion, defendants find themselves dealing with outdated, misapplied, or incorrect law. The situations arise in statutes and case law, but the effect is the same as it leaves parties asking, "Why is this the law?" The simple answer is because someone, legislatures or courts, made it that way. The point often missed in handling such cases, however, is that the law is organic, not static, and that it can be developed over time. In many states, the law has not changed and remained undeveloped simply because change has not been sought. Instead of carriers simply paying similar claims repeatedly, there are methods to work to effectuate legal change. This roundtable will examine methods to create such change through legislative reform and maintaining a strong amicus network to make the most out of opportunities to seek appellate review when appellate opportunities arise. Included will be discussions of successful efforts to change the law from around the country as well as strategy on how to identify those opportunities. In addition to the panelists listed, this panel will also include Micaela Isler who is the AVP of PCIA.

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Round Table 1 - CLAIMS MANAGEMENT - How law firms can track and use their own metrics to improve their litigation management skills, invoicing and market their results to those who are now making claims assignment decisions.

April 10, 2014 10:10 AM

Compliance with litigation management guidelines and clean invoicing to insurance companies are two measurable areas of performance that law firms can embrace and use to their marketing advantage if the law firm is willing to track their own results. A law firm can demonstrably show its commitment to best practices to both its current carriers and prospective clients with metrics at its own disposal. This session proposes to focus on how law firms can set up their own tracking systems in an effort of self critical analysis so that the law firm addresses audit concerns and best practices concerns before the insurance company sends a "letter" saying there is a problem. The narrative for the program would recount how a longstanding insurance company client makes a call to a senior partner in a law firm saying that although results are very good on the handling of their claims, other law firms are getting just as good results at less cost with more communication. Mr. Taylor Smith, President of CLM Advisors; Mr. Jim Martin, VP of Claims for IAT Group; Ms. Wendy Hultman, Sr. Complex Claims Specialist for Vela Insurance Services, LLC; and  Mr. Edgar Poe, Attorney with Pullin, Fowler, Flanagan, Brown & Poe, PLLC, are our additional panel members.

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Round Table 1 - ENVIRONMENTAL AND TOXIC TORT - Changes in the Environmental Insurance Marketplace

April 10, 2014 10:10 AM

“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 todays 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.”

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Round Table 1 - ETHICS - Walk the Line: Ethics for Insurance Carrier-Selected Defense Counsel

April 10, 2014 10:10 AM

In recent years, the legal industry has seen an evolution in the way insurance carrier-selected defense counsel represent insureds who have been sued. This roundtable will address differing perspectives of the carrier, defense counsel and the insured following assignment of litigation matters. This will include examination of the tripartite relationship and the respective roles of each player, identification of coverage issues, written and oral communications, conflicts of interest/potential divergence of interests, and excess exposure issues.

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Round Table 1 - INSURANCE BAD FAITH - Good Faith - It's Working - Making your Claim File a Winner

April 10, 2014 10:10 AM

This session focuses on successfully defended bad faith cases, the keys their success and the things that really matter. There will be case studies from cases resulting in summary judgments and jury trials that found in favor of carriers. This is not a presentation that is designed to instill fear in claim handlers, it is one designed to validate the right efforts and reinforce the critical aspects of claim handling that translate into a successful bad faith defense.

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Round Table 1 - INSURANCE BAD FAITH - To Split or Not to Split: Avoiding Bad Faith When Defense and Coverage Collide

April 10, 2014 10:10 AM

Knowing how to effectively manage conflicts of interest between indemnity and coverage in claim handling is crucial in avoiding a subsequent allegation of bad faith. Key to that management is an effective strategy of when, why and how to SPLIT THE FILE, because conflicts can arise at any time between first notice of a claim until the claim is resolved. Even as insurers toil over this dilemma, best practices for splitting a file are far from clear, most especially since there are few cases that discuss it in detail, and those that do come without easy to apply rules. Through a dynamic case study, this INTERACTIVE roundtable offers practical advice regarding splitting files and assigning duties to claim handlers to prevent or minimize conflicts of interest and bad faith exposure.

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Round Table 1 - INSURANCE COVERAGE - When to assert and when to waive an arguable defense to coverage in the tender of a defense to the insured - the rights, obligations, law and strategy behind the decision?

April 10, 2014 10:10 AM

This session will address the issues facing an insurer with an arguable defense (or defenses) to coverage for a claim (or claims) when deciding whether to tender a defense with a reservation of rights or to waive its arguable coverage defense(s) and tender a defense without a reservation of rights. While this session will touch on "CUMIS counsel" mandated in some states, it will also address the differing rights and obligations of the insured and the insurer in those states not mandating "CUMIS counsel" when the insurer tenders a defense subject to a reservation of rights both when the insured accepts the defense and when the insured rejects the defense; address the procedures typically utilized by an insured to enforce the insured's rights; address the trends, including the most recent decisions on these issues, in this area; and focus on the considerations and strategies of insurers (primary, umbrella and reinsurance) in deciding whether to assert or waive an arguable coverage defense (including exploring any possible ways to mitigate exposure once a decision to assert a coverage defense has been made) and the considerations of the insured in accepting or rejecting a defense subject to a reservation of rights.

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Round Table 1 - LEGAL COST CONTROL - Five Creative Ways to Control Legal Fees Other than Legal Auditing

April 10, 2014 10:10 AM

A Round Table discussion of five(or more)ways, other than legal auditing, to control legal fees and expenses - 1)Alternative Fee Arrangements, 2)Efficient Project Management, 3) Reverse Auctions Platforms, 4) Effective and efficient use of Knowledge Management and 5) Creative Sourcing Options.

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Round Table 1 - LITIGATION MANAGEMENT - Bringing Experts into the Fold of Litigation Management: Can it be done?

April 10, 2014 10:10 AM

After legal fees, experts are the second highest cost item on the litigation ledger. As such, there is a need to more effectively manage and oversee this cost. This need must be balanced with the recognition that an expert is a witness and not an attorney, and their credibility and neutrality is paramount to their effective role in a case. This roundtable aims to discuss the following questions: Can defense counsel litigation management principles be expanded, modified, or even outright re-written to encompass expert witnesses and consultants? Can this be done in a manner that strengthens the pseudo-tripartite relationship between the client, the attorney, and the expert and improves the overall business relationship? And how do we manage the process without inadvertently impacting the expert’s witness credibility?

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Round Table 1 - LITIGATION MANAGEMENT - Dealing with TPA's in 2014 - Reporting, Medicare and Beyond

April 10, 2014 10:10 AM

In this exciting panel discussion we will address the purpose of TPA reporting guidelines and how panel counsel can meet the expectations of TPA's and their clients efficiently in the litigation context. We will also explain why reporting guidelines are in place and how those benefit the TPA and end client. These issues will be put into context using the recent complexities involved in Medicare conditional payment requirements.

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Round Table 1 - MEDICARE LIEN SETTLEMENT ISSUES - Medicare Conditional Payments: Identification, Negotiation and Settlement in the Wake of the SMART Act and Haro v. Sebelius

April 10, 2014 10:10 AM

With a representative panel of industry professionals, the presentation will examine the latest changes to Medicare conditional payment case law and legislation as well as provide attendees with practical and specific defense tactics to address them. The panel will also discuss the implementation of the new provisions of the SMART Act and the 9th Circuit’s recent decision in Haro v. Sebelius and the resulting impact on identification, negotiation and settlement of Medicare conditional payments. Medicare liens always present challenges to settling a claim, and particularly when liens are not disclosed until after a settlement agreement has been reached. Claims and defense litigation professionals must take proactive steps to avoid the pitfalls of undisclosed liens. With a mix of attorneys, insurance professionals, and Medicare compliance experts, this panel will examine the potential difficulties presented by Medicare and Medicaid liens to consummating a settlement and the practice methods to avoid these problems. This panel will address the unique issues surrounding Medicare and Medicaid liens and their impact on settling claims, with a focus on the essential practice methods and discovery techniques to ascertain the existence of liens and the drafting of Releases to protect the insurer and defendant from unknown liens.

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Round Table 1 - MUNICIPAL LAW - Emerging LGBT Issues for Municipalities, Schools, and other Public Entities

April 10, 2014 10:10 AM

Lesbian, Gay, Bisexual and Transgender (LGBT) issues continue to gain more national and international attention. Schools are being asked to address needs, as well as bullying, for those students who identify themselves as transgender. Municipalities and counties, are having to manage employees who decide to issue marriage licenses to same sex couples in states where marriage is still defined as husband and wife. Employment practices have come under additional scrutiny, as sexual orientation bullying is alleged, or same sex partner benefits are reviewed and either offered or denied. As these issues continue to evolve, schools, municipalities and other public entities need to be aware of the quickly evolving legal landscape, and new exposures that these issues may create for them.

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Round Table 1 - PREMISES LIABILITY - The Jury Speaks: 2013 Jury Verdicts and What We Can Learn from Them

April 10, 2014 10:10 AM

2013 Jury Verdicts in RRH Cases Speakers will discuss facts from 2013 jury verdicts and elicit participation from attendees about expected outcomes in an interactive presentation. Cases will cover all regions of the U.S. and a variety of factual scenarios. Speakers will discuss lessons learned and themes, as well as defense strategies. Proposed panelists - I will contact you to discuss. Teresa Beck

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Round Table 1 - PRODUCT LIABILITY - Pennywise and Pound Foolish – Breaking the Insurance Defense Model of Case Development by Frontloading Defense Costs to Resolve Claims Earlier

April 10, 2014 10:10 AM

This course will focus on a new defense model for litigating claims. Engaging damages’ experts from the outset to help develop and implement the defense plan promotes earlier and more educated claim resolution. Often, insurance industry professionals and outside counsel will employ a defense model where critical information is uncovered over the evolution of a case and defense experts, like economists, are not retained until shortly before the discovery end date. In the traditional model, true claim values are not obtained until the end of the case life, after defense costs have been expended. Employing various strategies and expert review to obtain full case values early in the case can result in better and faster case resolutions. This course supports the concept that saving pennies often results in spending pounds, but smart case investments result in lower and earlier settlements and spare long-term defense expenses.

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Round Table 1 - PRODUCT LIABILITY - Unanticipated Liabilities for the Products Liability Insurer Arising from International Transactions

April 10, 2014 10:10 AM

This roundtable discussion is for those who write insurance or defend products liability claims in which the seller, distributor or manufacturer are foreign companies. This roundtable will discuss written contracts entered into by your insured and whether the original or translated version prevails, and if multiple languages are involved, which version prevails and the effect of the additional insured/vendors liability found in CG20151188. Knowledge of your insured’s contracts and obligations will be discussed from the perspective of the manufacturer, the distributor and the seller. Special attention will be drawn to the contractual obligations of the insured. The panel will further discuss the importance of the proper translation and agreement as to contractual provisions entered into by the insured. In addition, discussion will include the identity of exposures and early assessment of risk and the coordination of defense.

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Round Table 1 - PROFESSIONAL LIABILITY - If you think you are an "expert" or you "specialize", be careful how you advertise!

April 10, 2014 10:10 AM

This course will discuss the potential pitfalls due to the wording of your biography in social media, resumes, etc. including the violation of professional responsibility rules and having to potentially make a claim to your Prof Liab carrier. Even though you were just trying to be a wordsmith and show your legal prowess, the group will address the frightening sanctions that may result (for example, in some jurisdictions, the managing partner of a firm may get sanctioned by the bar for the IT professional's wording on your web site!). Looking for an insurance IT person to fill one spot.

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Round Table 1 - TECHNOLOGY - Does Our E&O Coverage Cover this????

April 10, 2014 10:10 AM

It has been a tough year of George. You see, George is the Senior Partner of Newkids Attorneys at Law. George and his management team oversaw the acquisition the law firm of Ben Doingto Long. The due diligence and transition teams did a good job or identifying and executing on logistic and management issues. All Partnership issues have been resolved and George was looking forward to measuring the results of the new firm and showing a new profitable firm to the partners. While the Operational teams did a good job of combining the two companies, the technology team did not. The electronic billing records for Ben Doingto Long appear to be worthless, the matter management records are incompatible and the e-discovery records would not align with the proper case file. With this, any thoughts of using predictive analytics to steer the new firm went out the window. What happened and what should have been done? Come join us as we discuss the impact of various technology risks. Our discussion will cover the impact of one individual's knowledge, the need for R&D, funding, TQM, business culture and the attitudes of managing partners.

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Round Table 1 - TRANSPORTATION - Protecting the Trucking Industry Client During the Discovery Process

April 10, 2014 10:10 AM

The session will focus on a discussion of more unique and aggressive techniques to protect proprietary information and information or documentation provided to the federal agencies which should not be produced to the plaintiff during discovery. Issues will include utilization of 49 USC 504(f) to protect mandatory reporting as privileged and not discoverable; the effect on settlement negotiations and mediation when such information and documentation is not discoverable; and the importance and methods of properly preparing drivers and company representatives for deposition and trial testimony.

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Round Table 1 - WORKER’S COMPENSATION - Medical Marijuana: Educating Providers and Claims Adjusters

April 10, 2014 10:10 AM

Medical marijuana is legal in 20 states and the District of Columbia, and pending legislation proposed in 4 others. How will medical marijana effect employers and workers compensation providers? Should treating physicians recommend medical marijuana to their patients? What are the effects when a claimant is prescribed opioids and is using marijuana? Are there legal liabilities associated or physician licensure issues? Will States change their WC statutes to mandate the payment of prescribed medical marijuana?

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Round Table 2 - ALTERNATIVE DISPUTE RESOLUTION - Dancing With The Stars: Maximizing Your Mediation

April 10, 2014 11:30 AM

Industry experts will share their effective strategies for resolving complex litigation through mediation. Starting with the purpose of mediation, the benefits to closing the deal, these industry experts will assist you in taking your mediation skills to expert levels. *Placeholder - An Expert Mediator will participate on the panel

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Round Table 2 - ALTERNATIVE DISPUTE RESOLUTION - Don’t Be Afraid of the Hourly Rate or the Alternative Fee Arrangement: Put Together the Right Team and the Right Incentives

April 10, 2014 11:30 AM

This roundtable will focus on how carriers, corporations, and their firms can have mutually beneficial, cost-effective relations using hourly billings or alternative fee arrangements.  The successful implementation and execution of either requires careful planning and the right team. For the hourly rate, we will discuss what is important for firms to know about carriers, their insureds, or corporations and what questions are important for carriers and corporations to ask firms when they are deciding if the firm is the right fit to do their work.  For alternative fees, you will learn the best practices from team leaders with clinical experience in assembling team members that best optimize service, value and morale for both sides.  Fear not!
 

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Round Table 2 - CLAIMS MANAGEMENT - Adopting Claims Management Process for Employment Claims--They are not as unique as one may think!

April 10, 2014 11:30 AM

Although there is much discussion about claims management, rarely is the discussion in the employment area where such claims are ripe for consideration. This panel has significant experience in managing and controlling costs both in-house and outside counsel and has developed processes and checklists to control

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Round Table 2 - CLAIMS MANAGEMENT - Use of Metrics in Litigation Management

April 10, 2014 11:30 AM

The purpose of this panel is to provide an explanation of the most common metrics and Key Performance Indicators (KPIs) and how some of these metrics can be used in litigation management. Specifically the panel will discuss 1) Measurement procedures: What will be measured and against what benchmarks? 2) Frequency: How often is the metric measured? 3) Expectations: What ranges are considered “normal” for the metric in question? The panel will discuss the following common metrics. 1) Claims Ratio. This metrics measures the number of claims in a period and divides that by the earned premium for the same period. 2) Average Time to Settle a Claim. It's imperative that you distinguish between different types of policies since different policies may vary greatly in terms of how long it takes to settle. This gives you information upon which to compare and contrast counsel performance. 3) Average Cost per Claim. This measures the change in average cost per claim over time. By understanding this metric, insurers can properly adjust policy pricing, as well as measure performance of attorneys and vendors. We will also discuss Loss Ratios, Expense to Loss Ratios, and Reserve Adequacy.

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Round Table 2 - E-Discovery & ESI - The Practical and Legal Issues Associated with Transitioning to the World of Electronic Documents

April 10, 2014 11:30 AM

The continuing push to “go paperless” and the increased capabilities to cost effectively maintain larger and larger volumes of electronic data have entities of all types considering whether to reduce or eliminate hardcopy documents. The promise of cost savings, improved access to data, and increased analytical capabilities (including data mining) are alluring. But what are the pitfalls and drawbacks? Is it becoming all but required from a regulatory standpoint? This panel will discuss the ins and outs of implementing such changes to data management, information governance, information lifecycle, and operating an organization’s “paperless” policies and procedures. Stakeholders have varying perspectives, including legal, logistical, business operations, financial, compliance, and vendors/consultants. Attendees should obtain an appreciation for the magnitude of such an undertaking, and hopefully more completely explore the ramifications of implementing (or not implementing) such policies and systems.

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Round Table 2 - ETHICS - Defining Ethical Behavior for the Insurance Industry

April 10, 2014 11:30 AM

This session includes group discussion regarding the definition of ethical behavior, a break-out discussion of the motivation for ethical behavior, a case study discussion, group conversation about the fundamentals of ethical decision-making and attendees will participate in the development of their own personal ethical statement.

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Round Table 2 - ETHICS - Ethical Dilemmas in the Tripartite Relationship Including Issues Unique to Insurance Defense Staff Counsel Operations

April 10, 2014 11:30 AM

This interactive panel session will focus on ethical issues in the tripartite relationship among insurers, insureds, and insurance defense attorneys, including issues unique to insurance defense staff counsel operations and interaction of attorneys with claims operations. Topics of the session will include (1) ethical issues associated with transitioning to the world of electronic documents; (2) conflict of interest issues including why using staff counsel is not the unauthorized practice of law in the overwhelming majority of jurisdictions, how to resolve conflicts of interest that arise during the course of representation, and proper disclosure and use of naming conventions for staff counsel operations; and (3) protecting the attorney-client privilege in review of bills—and recoupment of costs of staff counsel defense in fee-shifting and fee-sharing cases.

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Round Table 2 - INSURANCE BAD FAITH - Publish or Perish vs. Publish AND Perish

April 10, 2014 11:30 AM

Cross-examination question: Isn’t it true that your company’s claims manual instructs you to do X but you failed to do X? Cross-examination question: Isn’t it true that your company has no claims manual to provide guidelines to your claims personnel regarding what to do when presented with a claim such as plaintiff’s? Whether or not the company has a written claims manual or guidelines there are risks and benefits. Either way, there is an opportunity to facilitate good claims handling but also an opportunity for effective cross-examination questions in a bad faith lawsuit. This panel discusses the risks and benefits of having written claims handling guidelines. It discusses the considerations for changing the guidelines, the risks and benefits for making a change or deciding not to make a change. Quality file audit grades and reports are a vehicle for companies to do a better job with claims handling, but also cross-examination fodder. How to write those reports with an eye towards both their primary purpose and also potential use in litigation will be discussed. All of these decisions involve ethical considerations, which also will be evaluated. The panel will provide pointers regarding how to deal with the expected cross-examination questions.

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Round Table 2 - INSURANCE COVERAGE - Telling the Insured What It Already Knows - Selected Issues Related to the Reservation of Rights Letter in a Changing World

April 10, 2014 11:30 AM

When, how and what is the effect of sending a reservation of rights letter? What do you do with a sophisticated insured and a manuscripted policy negotiated at arm’s length? What factors should be considered such as potential size of exposure or the liability outlook? This session will delve into the sometimes murky rules and obligations surrounding the defense of cases when a reservation of rights letter has been issued. Three perspectives will be presented and discussed: The defense counsel's perspective, the claims handlers’ perspective and the client's perspective. Discussions concerning potential conflicts of interest will be discussed, along with solutions for resolving such conflicts before secondary litigation is commenced. This session will also, examine the basic need to issue such a letter, the timing of sending a letter and the rules governing defending cases after such a letter. Guidelines for determining when to stand on coverage determinations will be outlined for debate with different factual scenarios to highlight best practices.

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Round Table 2 - INSURANCE COVERAGE - Walking the Line: Ethical and Practical Considerations in Deciding When and How to Split the Claims and Coverage Files

April 10, 2014 11:30 AM

Everyone knows about sending a reservation of rights letter when a coverage issue might exist. But once the coverage issue is out there, how do insurers walk the line of insulating themselves from liability while discharging their obligations to their insureds? Is splitting the claims and coverage files always the best tactic? If so, when? The panel will address emerging issues related to when and how to split the claims file from the coverage file. The panel will explore issues such as best practices in erecting intra-company screens, the effect of selection of personal counsel by the insured, compliance methods for smaller third party administrators and insurers, instructing the line adjuster in handling the file once it is split, and when to involve coverage counsel. The panel will draw materials from case studies based on recent coverage case law and also based on the broad personal experience of its members, which includes viewpoints from claims, insurance, corporate insured and coverage counsel. Thus, this panel discussion will be of value to claims and insurance professionals, as well as coverage counsel.

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Round Table 2 - INSURANCE FRAUD - How Well Do You Know Your Employees?: Investigation of Employee Dishonesty Claims While Avoiding Employer Liability

April 10, 2014 11:30 AM

This interactive session combines a discussion of the ethical use of investigative tactics and techniques of employee dishonesty and fraud claims with an evaluation of the risks and concerns that employers must have for privacy violations and potential employer liability. The session utilizes factual scenarios encourage great discussion on the pros and cons of various methods of investigation including social media, surveillance and interview techniques. It will also provide practical tips for avoiding employer liability that can result form unforeseen discovery of information that may lead to discrimination or privacy violation claims. The session, led by a diverse panel, is great for SIU and investigators, in-house counsel, employers, and individuals that are involved in EPLI or E&O claims handling. Attendees will obtain (1) Tips on how to properly utilize investigative tactics and techniques into Employee fraud and dishonesty claims. (2) Recognize issues related to employers liability when information is learned by supervisors about disability, age, pregnancy, and other potential information that can give rise to discrimination claims. (3) Who should perform the investigation; and (4) How to deal with privacy issues related to access of information.

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Round Table 2 - LITIGATION MANAGEMENT - Keeping Ahead of The Competition: Claims and Litigation Strategies for Defending Catastrophic and Mild Traumatic Brain Injury Cases

April 10, 2014 11:30 AM

This session will explore: (1) The importance of developing and implementing a comprehensive investigative and discovery strategy; (2) Tips for identifying and defending the lurking mild traumatic brain injury claim; (3) How to select , utilize and maximize the effectiveness of the defense neuro-radiologist, neuropsychologist, life care planner, vocational rehabilitation expert and economist; (4) The dark art of valuing TBI claims; (5) Hints for navigating the murky shoals of Medicare set asides; (6) How to leverage your structured settlement advisor to assist in claims resolution; (7) Advanced tactics for boosting your chances for success at mediation and/or trial. The participants in this roundtable will stress the importance of developing a multi-disciplinary defense team when handling such potentially catastrophic losses.

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Round Table 2 - LITIGATION MANAGEMENT - Managing your Company’s Litigation Counsel & Dealing with Your Firm’s Clients

April 10, 2014 11:30 AM

Learn what corporate counsel and risk managers love about their outside litigation counsel and what they really dislike. Hear how an outside litigator deals with the best (or worst) clients. An in-house litigation manager and outside lawyer will discuss how law firms and risk management/legal departments can best work together.

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Round Table 2 - PREMISES LIABILITY - How To Spot The Reptile Effect Before It's Too Late

April 10, 2014 11:30 AM

Panelists will discuss the Reptile program, inclduing safety rules and umbrella rules, and tips for identifying whether the reptile effect is being used in litigation, as well as tips for defending against the reptile effect. Ways in which the entire litigation team can assist will be addressed.

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Round Table 2 - PREMISES LIABILITY - Trouble in the Neighborhood: Impact of the Trayvon Martin Case and other exposures on community associations, their insurers and outside counsel.

April 10, 2014 11:30 AM

The focus of community association risk management continues to expand as the number of community associations nationwide grows yearly. The Trayvon Martin case has highlighted potential exposure to an association in connection with neighborhood watch programs and other protective measures taken on behalf of members. As the plaintiff’s bar seeks to expand sources of recovery, insurers and defense counsel have been confronted with increasingly creative theories of liability against associations, their officers and directors to arising from the criminal acts of third parties. What security measures must an association take, if any, to protect its residents, visitors and others? Who is responsible for supervision and enforcement of such measures? We will analyze the basis for any duties and/or obligations to provide security, whether founded in the common law, by statute or in association governing documents. We will also address obligations, if any, to warn residents of potential criminal activity; the unit owners’ abilities to take own security measures when such conflict with the governing documents; civil litigation stemming from failure to provide sufficient security; and challenges facing defense counsel hired by the insurer in the face of reservation of rights and questionable coverage situations.

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Round Table 2 - PRODUCT LIABILITY - Controlling Your Destiny and Playing in Your Home Court: How Personal Jurisdiction, Venue, Choice of Forum, Choice of Law and Indemnification Can Minimize Your Product Liability Risk

April 10, 2014 11:30 AM

Product liability prevention and litigation is a global phenomenon. This panel will explore and discuss ways in which manufacturers and suppliers in the U.S. and Canada can minimize their liability through various contractual and jurisdictional methodologies, including assertions of lack of personal jurisdiction, improper venue based upon underlying contractual documents, the artful use of choice of forum or choice of law clauses in supply and manufacturing contracts to limit or obviate risk, and ways to “pass liability up or down the supply chain” via contractual indemnity provisions. The panel will also discourse on the best jurisdictions in the U.S. and Canada for product liability defendants, and the worst—and how to avoid them. The panel will also discuss compartmentalizing potential liability as between corporate subsidiaries, affiliates and parent companies.

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Round Table 2 - PROFESSIONAL LIABILITY - Emerging Trends in Employment Practices Litigation (EPL) Management

April 10, 2014 11:30 AM

This presentation will examine discernible trends in employment practices litigation. It will focus on best practices when faced with challenging claims involving a combination of hot button issues including cross-border problems in social media and data privacy, retaliation and harassment. The session will cover pre and post lawsuit claims handling and evaluation, available defenses, and recent developments in the law. It will address claims management decisions on a variety of questions such as the impact of fee-shifting in litigation management, the setting of reserves, case tracking and strategy, settlement and trial activity. The objective is to explore, through interactive dialogue over hypothetical scenarios, practical steps to address recent developments facing the risk manager, insurer and counsel, along with a discussion of strategies to ensure that high exposure employment claims are resolved in the most efficient manner.

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Round Table 2 - TECHNOLOGY - Cyber Liability is Coming to an Inbox Near You - Will You Be Ready?

April 10, 2014 11:30 AM

Do you have a smartphone, a laptop, a USB thumb drive? Have you thought about what you have stored on them, and what someone would see if they were lost or stolen? There are some simple, and not-so-simple, "reasonable" measures that you are expected to take to protect the information you have, and a growing field of law and regulatory authority to react when you don't. We will introduce you to data privacy laws at the state and federal level, and the "cyber liability" and data loss claims that have been and currently are being litigated today. We will also outline how to review your own data security exposures, and outline a response plan should a data security incident occur. We will also discuss what "Cyber Liability" insurance coverage can provide, and what it does not. Will you be ready? Companies of all sizes are susceptible to these types of claims. Come join us for an interactive workshop as we work through these issues with you.

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Round Table 2 - TRANSPORTATION - Who cares about the facts, let's inflame the Jury: Techniques used by plaintiff’s counsel to maximize damages and drive up verdicts--and what you can do about it.

April 10, 2014 11:30 AM

Everyone involved in transportation claims and litigation management knows that plaintiff's attorneys are going to school to learn how to pursue cases against commercial auto companies. Programs designed by a leading jury consultant who seeks to appeal to the primal instincts of jurors are especially important to be aware of, and to understand how to defend. Learn how to recognize when you're up against a top attorney and/or one that is using special techniques that are designed to inflame jurors, what strategies to employ when it appears you're being set-up, and steps you can take to develop your defense proactively so that when the inevitable big demand shows up you're ready to effectively defend the case.

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Round Table 2 - WORKER’S COMPENSATION - Restaurant Liability: From A-Z

April 10, 2014 11:30 AM

In this fun and fast moving session, an All Star panel of restaurant liability professionals will give you 26 real world practical takeaways that you can use to improve your practice. You will hear insights into such issues as: • Actual vs. constructive notice • In-store surveillance video • Preserving evidence • Defending food contamination claims

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Panel Sessions - PANEL 1 - The Millennials in Action: Lessons Learned About Juror Decision Making from Mock Trials

April 10, 2014 2:00 PM

Using video highlights from mock trial deliberations, this trial-savvy panel will share their findings and views about how the Millennials as jurors and their decision making processes.  The panelists will explain how mock jury deliberations and interviews with real juries have shown how these jurors make decisions regarding liability, causation and damages.  This information establishes useable guidelines for evaluating the likelihood of successfully presenting your case to a jury.  These guidelines influence strategic decisions made during discovery, mediation and preparing cases for trial.  The session will include an explanation of how mock trials, focus groups and the knowledge gained from surrogate juror deliberations can create a unified understanding of a case by all of the stakeholders in the litigation process. 
 

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Panel Sessions - PANEL 2 - Claims Professionals Are From Mars -- Defense Attorneys Are From Venus

April 10, 2014 2:00 PM

An examination of how claims personnel and their assigned defense counsel can sometimes view the same set of case facts or claim issues very differently, and place antithetic importance or priority on various points and issues. This will explore the sometimes contrasting focus or concerns of each member of the defense team. In particular, we will engage in discussion of examples and scenarios where defense counsel have highlighted identified problems or strong points in litigation matters that the carrier feels are less significant and vice-versa. We will also evaluate and discuss some of the conflicts that arise between defense counsel and claims professionals that can strain the otherwise strong "marriage" of defense team members. These include failure to comply with defense guidelines, reporting and billing issues, and other issues where there is a failure to see "eye-to-eye". The goal of this presentation will be to encourage defense counsel and claims personnel to have more thorough dialogue in the future about case pros and cons and better understanding of why perspectives may differ.

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Panel Sessions - PANEL 3 - What We All Share

April 10, 2014 2:00 PM

Business is often a perspective of how much one party can gain from another in a business transaction. In the claims and litigation management arena, buyers and suppliers i.e., clients and law firms; claims professionals and specialty vendors; law firms and suppliers, etc., have two goals in common. The first is to provide the best quality outcome for clients at the best total cost to achieve the best value for the service rendered. The second is that each of these parties has a common end game: how to maximize their respective margin for their products or services. These two goals are clearly interrelated. In this “client meeting” key players in the handling of the client’s case work are brought together to discuss how they can “get creative” and collaborate on ways to streamline their business practices, and management of cases to reduce costs, enhance efficiencies and embrace change in the marketplace. Discussion will go beyond the technical aspects of case handling. By doing so we will recognize the shifting paradigm in traditional pricing and the “our market vs. their market” mind set. We are all bit players in a single market.

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Panel Sessions - PANEL 4 - An Insider's Look at Winning - And Keeping - Insurance Company Legal Work

April 10, 2014 2:00 PM

Four senior Claims managers will provide insights on how outside attorneys can earn new business from insurance carriers and, more importantly, what they must do to maintain and grow that business. Attorneys who follow these principles will increase their chances of getting new assignments while also making the job of claims professionals easier and more efficient. These senior executives will also provide valuable insights to claims professionals on best practices in dealing with outside law firms.

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Panel Sessions - PANEL 5 - Diversity and the Changing Developments in the Insurance Marketplace

April 10, 2014 2:00 PM

The Insurance industry has continually been changing and the changes and need for diversity and inclussion in the managment has continued to evolve. The panel will look at these changes and how the industry can continue to evolve and support these developments.

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Round Table 3 - ALTERNATIVE DISPUTE RESOLUTION - Mediating High Severity Claims: Creative Approaches and Tactics for Successful Outcomes.

April 10, 2014 3:30 PM

In our tort environment and economy, businesses face increased pressure to reduce legal costs. Early resolution is at the top of the stakeholders list. Litigation costs have prioritized the need for faster resolution and a myriad of strategies for early disposition. With increased pressure to resolve matters early on, this session will provide creative approaches and techniques in mediation of high severity claims. The panel will consider various vehicular accident scenarios, viewing short accident re-enactment video animations (wrongful death; back surgery causation and pre-existing; significant comparative negligence). The panel members along with claims professionals will dissect effective and ineffective mediation tactics used in each scenario by Defense counsel. Conversely our panel and participants will make suggestions on how to address the issues and proceed with negotiations. The panel will walk participants through caucus strategies, figuring out the bottom line and sharing insight on reaching the mediator. The gamut of tough negotiating tactics along with extraordinary tactics like ex parte lien resolution will be addressed. Attendees will share their extraordinary tactics and the mediator will provide best practice tips. This session will allow participants to consider creative strategies necessary for a successful outcome in high severity claims.

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Round Table 3 - CLAIMS MANAGEMENT - Balancing the Quality and Cost of Healthcare to Injured Workers

April 10, 2014 3:30 PM

Despite two decades of expanded managed care applications within the workers' compensation arena, medical costs associated with occupational injuries continue to spiral upward and account for a larger percentage of overall claims costs. Moreover, there is a growing perception that the quality of healthcare provided to patients with work-related injuries is somewhat inferior to that provided in a more general healthcare setting. Over time, the industry seems to have lost sight of its ultimate goal – taking care of injured workers while returning much needed labor to the workplace. Too much attention has been placed on managing the transaction rather than the treatment. Fortunately, a shift in thinking is beginning to occur. Employers are realizing that if more immediate and effective medical treatment becomes the priority, cost savings and increased productivity tend to follow. One way employers are beginning to accomplish this objective is through the use of provider selection and benchmarking. This relatively new and progressive approach enables employers to identify and work with high value physicians who have proven their ability to deliver quality outcomes. This is a stark contrast to today’s prevailing notion that networks be assembled based on volume, discount pricing with little regard to treatment or outcomes. Better medical outcomes are good both for workers and employers. Workers are more likely to return to healthy, productive living while employers experience improved results in claim durations, long-term medical expenses, and total program costs. This session is designed to explore these issues from an employer's perspective. An in-depth look at provider selection and benchmarking will be shared. Attendees will see firsthand how they can capitalize upon this industry transformation for the betterment of their own programs.

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Round Table 3 - CLAIMS MANAGEMENT - It Still Ain't Fun and Games!! Update on Emerging Sports & Recreation Risks

April 10, 2014 3:30 PM

The legal landscape for sports and recreational risks is changing rapidly. Insurance carriers and their outside counsel are defending against innovative new claims and unforeseen liabilities. Emerging concussion rules,evolving risks from extreme sports, changing standards of care in youth sports to name a few have made for a more challenging and dangerous defense environment. This panel of insurance professionals and defense counsel will lead a discussion focused on identifying these latest developments and the best practices around mitigating these risks before they turn into lawsuits.

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Round Table 3 - DIVERSITY & INCLUSION - Stepping Into Your Professional Success

April 10, 2014 3:30 PM

Whether trying to influence those around us to implement policies that minimize organizational risk, convincing others that our legal/claims position is correct, or self promoting within our own organizations, the key to success is the ability to effectively influence others. Understanding one’s own strengths and communication styles and how to identify the same in others is critical to overcoming stereotypes and gender/generational differences, developing strategic relationships, and influencing the activities of individuals or groups to achieve organizational goals and to better position oneself for success. Two panel members founded and all five are members of the Women’s Construction Litigation Alliance and another member co-founded an award winning women’s empowerment program—“Ladder Down”. Through those processes the panel has discovered best practices for women in business. The seminar provides insight into the challenges that women leaders face as they climb the corporate ladder and provides practical advice on five provocative topics: 1. Stereotypes: Perpetuating or Overcoming: It’s a choice. 2. Generational differences: Bridging the gap between Baby Boomers and Millenials. 3. Myths and Mindsets: Reworking the internal dialogue in your head. 4. Mentor and Sponsors: Who’s got your back. 5. Self Promotion: It’s not bragging—It’s business.

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Round Table 3 - ENVIRONMENTAL AND TOXIC TORT - Asbestos Litigation: year of turmoil

April 10, 2014 3:30 PM

Litigation: Emergence of Bankruptcy as a litigation strategy Settlement Trends and History.Past Practice, Sophisticated Defendants Increased Jury Verdicts, Strategic Resolution of a case Use of Matrix Agreements. Litigation Trends, Scientific Battles, Low Dose Defense, Bare Metal Defense. Bankruptcy Trusts (Double Dipping), Lung Cancer Claims Talc and Vermiculite-New Sources of Exposure Optimizing Your Defense.

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Round Table 3 - ETHICS - Ethical Considerations Encountered by Insurers and Counsel When Handling Multiple Insureds Under Single Policy

April 10, 2014 3:30 PM

Additional insured claims under a general liability policy pose challenges in handling to insurers and attorneys alike. Two of the biggest questions are whether to assign separate counsel and whether to internally treat claims separately. Failing to assign separate defense counsel when necessary could lead to a bad faith claim against the insurance company and/or an ethical code violation by counsel representing both parties. Failing to treat claims separately raises privilege issues and concerns over apportioning liability limits. This session will explore the factors to consider when making these challenging decisions, including whether a conflict exists, when an attorney should withdraw, disclosure and informed consent, how to protect privilege, how limits should be apportioned, and the advantages and disadvantages to each decision.

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Round Table 3 - ETHICS - Sexual Harassment & Retaliation Claims—Managing Exposure, Conflicts of Interest, and Coverage Issues

April 10, 2014 3:30 PM

Sexual harassment and retaliation claims have the most intriguing fact patterns in the Employment Practices Liability arena and also present some of the most challenging claims handling scenarios. This roundtable will use actual fact patterns to discuss managing exposure in these EPLI claims as well as addressing the ethics of conflicts of interest in representation and claims handling for multiple insureds. Common coverage issues in EPLI will also be addressed by this panel of claims representatives, defense counsel, and coverage counsel.

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Round Table 3 - GUN VIOLENCE: WHO IS LIABLE - Who Will Pay? Tort, Insurance and Claims Management Issues in a Changing Landscape

April 10, 2014 3:30 PM

Recent and recurrent eruptions of gun violence have refocused debate on the questions of who should be liable and who can be made to pay for resulting damage numerous tort theories have been used to attempt to increase the pool of liable parties. From hotels, stores and restaurants to schools, to counselors and other professionals, new theories have emerged, leading to surprising outcomes and exposures. At the same time, gun violence episodes raise a multitude of insurance coverage issues and claims management challenges,ultimately determining the answer to the question of who will pay. This session will explore these all of these issues and offer insight into the possible direction of a rapidly changing legal and political environment.

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Round Table 3 - INSURANCE BAD FAITH - The Vanishing Privileges – A Discussion of Attorney-Client and Work Product Privileges in Bad Faith Cases and How to Best Protect Confidential Communications

April 10, 2014 3:30 PM

Target Audience – Claims Professionals, In-house Counsel, Third Party Administrators, In-house Adjusters and Examiners, Agents, Brokers, Outside Counsel. Almost everyone considers the attorney-client privilege to be sacrosanct and believes work-product to be protected. However, depending on the circumstances, the nature of the communications, and the participants involved, attorney-client and/or work-product privilege may not attach or may be waived. In bad-faith cases, depending on who is seeking the information, what may originally start off as privileged can become discoverable. This presentation will explore various scenarios involving in-house counsel, TPA’s, brokers, media consultants, and lobbyists and discuss whether certain communications are privileged to begin with and will maintain their privilege in a bad faith suit. As courts across the country are making it more and more difficult to maintain privilege in bad faith suits, our panel will also discuss best practices to avoid the divulgence of confidential coverage and exposure determinations.

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Round Table 3 - INSURANCE COVERAGE - Behind the Curtain: The Secret Lives of Brokers and Underwriters

April 10, 2014 3:30 PM

Your client/insured has been sued. As an adjuster or an attorney you will want to evaluate any and all insurance coverage that may be available. But how and why were the policies purchased, negotiated and issued? Why isn't all insurance coverage equal? Is there another line of coverage somewhere that was intended to bridge a coverage gap or insure a specific exposure?? What was the intent of the broker and underwriters in providing the policies? This session will explore the roles and workings of how insurance policies are purchased and how terms and conditions are negotiated and decided based upon market conditions, pricing and understandings of the risks. Attorneys can also gain insight into the roles of "wholesale" brokers vs. "retail" brokers in negotiating policies. The will be particularly helpful for attorneys working in areas involving complex coverage matters or matters involving policies issued many years ago in a "where the bones are buried" perspective.

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Round Table 3 - INSURANCE COVERAGE - Maintaining Control: How to direct the defense and manage settlement opportunities when there are significant coverage issues

April 10, 2014 3:30 PM

The panelists will lead and facilitate a four step discussion concerning growing case law limitations and restrictions being imposed on the insurer’s ability to control the defense and reply to policy limits demands in cases involving significant coverage defenses. Each panelist has dealt with these issues as in-house insurer counsel as well as outside legal counsel and come with unique perspectives to discuss these issues and lead the participants to focus on “best practices” solution to the hypothetical case studies they will use to facilitate the discussion.

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Round Table 3 - INSURANCE FRAUD - To Declare or Not to Declare: Effectiveness of Declaratory Judgment Actions in the Fight Against Fraud

April 10, 2014 3:30 PM

Description : This session will explore: (1) How to cost effectively identify and litigate declaratory judgment actions in cases under suspicion of insurance fraud. (2) How to collect, organize, use and present information from SIU to defend insurers from fraudulent claims. (3) When to use the EUO as a tool against fraud. (4) Ethical considerations in mining the internet for public data about participants in fraudulent schemes. The participants in this roundtable will discuss how defense counsel, claims personnel and risk managers can collaborate in utilizing these strategies in the fight against fraud.

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Round Table 3 - LITIGATION MANAGEMENT - Is Your Boilerplate Rusty?

April 10, 2014 3:30 PM

Boilerplate documents, including initial contact letters, reservation of rights letters, and basic discovery requests, are great springboards for any matter, but they must be updated with each use to account for changes in the law and the circumstances of each case. The right to privacy is paramount in today’s tech-savvy environment. Many states have passed legislation to protect personal information, and the punishment for violating those laws can be severe. Furthermore, social media impacts all of our lives on a daily basis. With all of this in mind, ask yourself: Do you redact or encrypt communications containing personal information? Does your discovery include information conveyed through text messages, SnapChat, Facebook, Twitter, Skype, and other social media avenues? What about pictures taken on smartphones? Are your form letters advising insureds or clients about the need to preserve all of this information in order to avoid a potential discovery sanction for spoliation of evidence if the matter gets litigated? Do your settlement documents contain the requisite language to ensure compliance with the new MMSEA laws? If you answered “no” to any of these questions, then you don’t want to miss this seminar. Don’t let the rust tarnish your case.

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Round Table 3 - LITIGATION MANAGEMENT - Know When To Say When: Managing High Exposure Lawsuits

April 10, 2014 3:30 PM

An interesting, complex litigation will set the backdrop for an analysis of how to efficiently resolve lawsuits at every stage of litigation. You will be provided with the tools and insight to economically settle or take to trial a large loss claim. You will analyze the advantages, costs, and risks of settling a claim before litigation, after suit, with ADR, and at the time of trial. At each stage, you will be provided with the insight to determine whether to resolve the claim or how to proceed towards a more economical resolution. The discussion will include use of discovery plans, litigation guidelines, expectations of defense counsel, expert retention, mediators, and unique trial issues. Particular topics that will be addressed are the use of depositions, experts, travel, staffing of files, necessity of law and motion, trial preparation, jury consultants, trial presentation, appellate counsel, and overall balancing of costs versus results in high stakes litigation. You will learn not only cost containment techniques, but practical, real world skills to evaluate risk and plan for a successful resolution of high value claims.

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Round Table 3 - PRODUCT LIABILITY - Strategies in Evaluating and Handling Trials Involving OSI (Other Similar Incidents) in Products Matters

April 10, 2014 3:30 PM

Products liability cases that are generally defensible claims often become more problematic when plaintiffs introduce evidence of "Other Similar Incidents" (OSI) to prove a pattern of conduct or knowledge by manufacturers. The result can be that national and international product manufacturers have to defend repetitive claims for similar products. Even in separate trials, plaintiffs’ attorneys attempt to introduce OSI that involve the same product(s) developed in the same time frame. Considering product manufacturers have to respond to lawsuits and claims in a multitude of different jurisdictions, both nationally and internationally, it can be difficult to maintain consistent, coordinated defenses. This panel will examine strategies in how to manage national defense tactics in dealing with OSI claims and how to prevent OSI's from being introduced into evidence. Additionally discussed will be practical examples of how to mitigate the impact of any OSI that may be introduced into evidence. This includes discussion of Mr. Martenson's and Mr. Weinstock's combined trial experience of more than 65 years as well as the perspective of Ms. Ganiere as in house counsel for Gulfstream Trailers. We will identify an insurance industry panelist that has experience in national products claims.

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Round Table 3 - PROFESSIONAL LIABILITY - "Warning! Pitfalls to Avoid in the Changing Technological Climate” - Technology Trends That Are Transforming the Insurance Industry and Practice of Law

April 10, 2014 3:30 PM

In today’s changing world, people are communicating through technology not available a decade ago on social media websites such as Facebook, Twitter, UTube and live chats via “FaceTime”. Businesses are going “paperless” and transmitting sensitive information through email requiring security measures to protect confidential information. In a profession based upon tradition and legal precedent, attorneys and insurance professionals cannot ignore these technological changes. This roundtable will use real life hypotheticals to focus on new laws and ethical opinions to keep pace with this technological and communication revolution. For example, does an attorney have a duty to delete from their “LinkedIn” page endorsements that may be misleading? What steps must businesses, including law firms take to protect confidential client information and avoid cyber liability? Google claims that Gmail users have no expectation of privacy and that communications with a client Gmail account holder may not be protected. How will attorneys make sure confidential communications sent to a client via Gmail remain privileged? The Roundtable will focus on what impact these recent decisions and ethical opinions have on the use of technology in litigation, cyber liabilty, and provide practice tips to avoid pitfalls in the changing technological climate.

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Round Table 3 - SUBROGATION - Increasing Recoveries Through Simple Identification of Additional Sources of Monies for Caimants

April 10, 2014 3:30 PM

Reveal the dirty little secret about subrogation (or more accurately, missed opportunity for subrogation) on asbestos or respiratory related comp claims. Millions of dollars of tort and bankruptcy trust offset dollars go unrecovered each year by the comp carriers simply because they don't force a claimant to pursue claims against bankruptcy trusts.

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Round Table 3 - TRANSPORTATION - Keep on Rollin' without Rollin' Over: The Advent of Anti- Roll Over Technology in the Transportation Industry

April 10, 2014 3:30 PM

Rollover and Loss-of-Control crashes have historically comprised a significant portion of truck tractor and bus crashes across the US. Emerging technology in the form of ESC (Electronic Stability Control) Systems and RSC (Roll Stability Control) Systems, is helping to reduce the numbers of these crashes annually, by taking active control of a vehicle and applying corrective action, when a truck's movements become unstable. The National Highway Traffic Safety Administration (NHTSA) in recognizing their effectiveness, has announced that ESC systems will be mandated for certain commercial vehicles in 2014. This panel will look at the emerging technology, and will examine the roles and effectiveness of both ESC and RSC in reducing the incidents of crashes resulting from vehicle instability. It will address the cost benefit analysis, and will hopefully end with a vivid discussion of the potential legal pitfalls associated with unleashing new technology products onto the marketplace.

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Round Table 3 - WORKER’S COMPENSATION - Non Workers’ Compensation Issues That Every Workers’ Compensation Practitioner Needs To Know

April 10, 2014 3:30 PM

In today’s legal environment it is not enough to simply know workers’ compensation law in order to successfully defend a case. A myriad of other issues frequently arise, requiring you to wear a number of different hats. This all-star panel of workers’ compensation professionals will help you develop the tools to identify and successfully manage these other issues, including: • Subrogation • Labor & Employment • Products Liability • Spoliation of Evidence • HIPAA

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Round Table 3 - WORKER’S COMPENSATION - Workers' Compensation Claims Auditing: Syncing TPA Performance and Compliance with Client Expectations

April 10, 2014 3:30 PM

Employers and insurance carriers who retain the services of TPA's to manage their wc claims invariably provide detailed account instructions, from reserving policies, settlement authority limits, to selection of vendors and counsel, and often confer levels of decision-making authority for litigation purposes as well. This session will focus on how to measure the TPA's performance from the perspective of an experienced claims auditor, a representative of a TPA, defense counsel, and the client. How best to define the roles of each person involved in the claims or litigation process (client, claims professional and attorney) will be discussed. The claims audit process will be explained, common pitfalls identified, and success stories shared. Participants will come away with a better knowledge of how the client and TPA can work together more effectively to successfully manage and limit the client's WC liabilities and avoid miscommunications and conflicts,and how a claims audit can be an effective tool in helping to achieve that success.

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PREMIER SESSION 2: Under Pressure - Effective Leaders Make Decisions in Difficult Situations

April 11, 2014 8:30 AM

The training and instincts successful leaders apply in crisis serves as a model for strong decision making, especially in challenging circumstances. It is this ability to master decision making under pressure that can elevate your value and influence at the very moment your organization needs it most.
 
Nothing tests the mettle of a leader quite like making the right decisions under pressure. The best leaders see the world differently in times of unexpected events. They lead by example to quickly gather information, distill it, process only that which has immediate bearing, make sound decisions, and take action. They operate effectively and with tremendous clarity under difficult circumstances. Based on their varied backgrounds and experiences our panel will discuss the art of  making decisions under pressure and ways to prepare yourself for those times when business operations don’t go as planned.

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Round Table 4 - CLAIMS MANAGEMENT - The Use of Technology to Expeditiously Evaluate Claims

April 11, 2014 10:25 AM

All transportation companies, airline and ground transportation alike, increasing rely on technology to investigate, reconstruct and record accidents. Our panel will discuss the increasing role of all kinds of technology including laser scanning to create 3D site plans, video scene surveillance and “Black Box” data used by both the airline and transportation industries. Special emphasis will be provided on the role of this technology in presenting defenses at trial through accident reconstruction and demonstrative 3D images. The use of technology allows for evaluation and reserving of claims expeditiously and with far greater accuracy than previously experienced. The panel will discuss the positive consequences of early, objective evaluation of claims for law firms, insurers and self insureds. The panels’ goal is to provide attendees with knowledge of the technology currently being utilized, the impact of the technology in evaluating the accidents/claims and the impact of the technology in the courtroom. 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.

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Round Table 4 - CONSTRUCTION - National Disaster Affect on Construction Defect and Architect and Engineers Claims

April 11, 2014 10:25 AM

This session will discuss the effects of recent national disasters on claims made both against contractors and also against architects and engineers (cross-over between general and professional liability). The session will discuss the problems, different policies (touching upon insurance coverage), and how to defend and settle such claims.

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Round Table 4 - DIVERSITY & INCLUSION - The Millennials – Preparing for the Future and Getting the Most From the Next Generation

April 11, 2014 10:25 AM

As the world turns and evolves, so does the workplace and society. We will review and look at the benefits and issues that arise when blending generations of employees and clients. Of particular importance will be communication and understanding the prospect of change and how to plan for a smooth transition. The Pew Research Center's survey "How Millennial Are You?" would open the panel discussion to determine how closely each person's activities are to that of a Millennials. Discussing this in a panel format will bring unique perspective to this topic and will touch on issues such as wearing headphones at work, tattoos, piercings, dress codes, communication mediums, flexible work options, alternative time off, redefining the work week, and benefits. (Note: Additional members and fellows to be selected for the panel upon acceptance of the proposal.)

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Round Table 4 - ETHICS - Ethical Issues in Handling Coverage Disputes

April 11, 2014 10:25 AM

Issues regarding confidentiality, ethics and privilege arise during insurance coverage investigations and disputes. A myriad of issues may arise whether insurer contests coverage or an insured challenges an insurer’s coverage determination. This program will focus on ethical issues and conflicts of interest that may arise during coverage disputes. Consideration of the roles of claims professionals and attorneys may have regarding ethical issues such as confidentiality, privilege, handling matters that involve covered and non-covered claims, cooperation and joint defense issues, decision-making on claim and case handling will be discussed. A discussion of practical solutions to avoiding ethical problems and issues for claims professionals and attorneys will also be discussed.

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Round Table 4 - IMPROVING CLIENT RELATIONSHIPS - Keeping Your Claim Professional and Client Happy

April 11, 2014 10:25 AM

This presentation is focused on recommendations made in a survey of many file handlers who had a combined work experience of over 800 years. The goal is to successfully educate all members to issues that will strengthen their business relationships, keep clients and generate renewed business. This presentation will bring attention to certain issues that members have been doing for years without realizing that may be aggravating the individuals they work with on a daily basis, even though they are doing a good job in defending the client. The attendees will be left with ideas that will help in strengthening their working relationships between fellows and members within the claims industry.

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Round Table 4 - INSURANCE BAD FAITH - PROTECT US! What the Carrier Expects And Needs to Hear From Its Attorneys In Bad Faith Litigation

April 11, 2014 10:25 AM

The Roundtable will discuss what the carrier expects to hear from its attorneys in order to evaluate a claim at its earliest stages and avoid potential traps set by Plaintiff's attorneys through unreasonable time limit demands. We will also discuss how to properly prepare a claims specialist for a deposition in a bad faith claim.

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Round Table 4 - INSURANCE COVERAGE - ISO's 2013 Additional Insured Amendments & Claims Handling Consequences

April 11, 2014 10:25 AM

ISO has again scaled-back coverage support for contractual risk transfer. The 2013 edition of the “blanket” additional insured endorsement compounds the limiting effects of the narrowed causation trigger initiated in the 2004 version. Carriers and insureds must now navigate the further diminished and uncertain boundaries. The specific terms of indemnity & insurance requirements will now define the scope of AI status, which has traditionally afforded the beneficiary a bundle of rights well beyond the particular contract terms. The panel will explain that the coverage now afforded the intended AI beneficiary applies: 1. Only to the extent permitted by law, a vague but unmistakable reference to anti-indemnity statutes that most courts have traditionally declared have no effect on defense and coverage obligations under standard ISO policy terms. 2. No more broadly than specified in the contract calling for AI status. 3. With reduced monetary limits when the contract requires less than what is provided to the indemnifying named insured on its declarations page. Whether the blanket confers rights on AIs that are substantially greater than “insured contract” status is something that we be litigated in the years ahead. A fact pattern contrasting outcomes under various iterations of the AI blankets will be discussed.

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Round Table 4 - INSURANCE COVERAGE - Addressing and Resolving Disputes Among Different Insurers Covering the Same Risk

April 11, 2014 10:25 AM

This discussion will focus on issues that arise when multiple insurers cover the same risk and are called upon to provide coverage for the same claim. Specific issues to be addressed include allocation of defense costs; coordinating defense strategy and preserving claims for contribution, subrogation and indemnity; settling claims pursuant to a reservation of rights; disputes between primary and excess insurers; and creative solutions for resolving dispute among carriers. We will use examples from cases involving construction defect claims, general liability claims that implicate “additional insured” coverage, and other unique claims that give rise to questions regarding proper exhaustion of primary coverage. We will also address creative approaches to resolving disputes among insurers without resort to litigation.

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Round Table 4 - INSURANCE COVERAGE - What No Insurer Really Wants to Talk About (rescission and related exclusions)

April 11, 2014 10:25 AM

Rescission is a powerful weapon for insurers alleging misstatements or concealment of fact in policy applications or renewals. This panel will examine trends in rescission, prior knowledge and application exclusions, discuss standards for rescission and exclusion of coverage, and outline best practices for pursuing such defenses to coverage. A case study will be used to explore issues that frequently arise in such disputes, including whether to provide notice of circumstances to current claims made carrier, scope of disclosure in application, insurer’s duty to investigate application information (or omissions in application), and application of related claims policy language.

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Round Table 4 - INSURANCE FRAUD - Will the True Pip Clinic Owner Please Stand Up! Uncovering the True Owner versus the ""Owner on Paper"" and Resulting Unlawful Billing

April 11, 2014 10:25 AM

The panel will discuss the pervasive use of the "paper owner" of a clinic in order to give the appearance of compliance with Florida's PIP laws and how to uncover who the true owner is and its impact on the lawfulness of the bills. The discussion will include methods to detect the true owner, legal redress, lawfulness of the billing, and case studies from successful cases.

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Round Table 4 - LITIGATION MANAGEMENT - Health Check: Is Your Metrics Program in Cardiac Arrest?

April 11, 2014 10:25 AM

Metrics… they are the cornerstone of understanding how the claims organization and its staff and panel counsel resources are performing and where there are opportunities for improvement. But what’s the health of your organization’s metrics program? Are the metrics you track simply the result of ad hoc information requests? How well are your current metrics meeting the needs of your key stakeholders? Learn the practical steps to define the right KPIs (key performance indicators) for your organization and establish a formal metrics program. Attendees will see a methodology for identifying KPIs and management metrics put into action during the session. Join us to hear from experts and peers regarding their metrics-related experiences and best practices, as well as better understand the technology needed to track, report, and communicate KPIs most effectively. Let’s get your metrics program on the road to recovery!

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Round Table 4 - LITIGATION MANAGEMENT - Prevention Strategies - How to reduce the exposure to the insured for the next claim

April 11, 2014 10:25 AM

Our diverse panel will discuss the many ways to discuss with the insureds how to prevent a future claim. This topic will include providing safety equipment at sporting events, drive cam video equipment, employment manuals etc. We will discuss many different types of claims and how they can be prevented and defended if certain precautionary measures are taken.

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Round Table 4 - LITIGATION MANAGEMENT - Reduce legal Spend, Attract Clients, Avoid Bad Faith: You can Have it All

April 11, 2014 10:25 AM

Experts representing all perspectives in the tripartite relationship will share their lessons learned in the ever-raging battle to reduce legal spend. Recent aggressive efforts by insurance companies to reduce legal spend present challenges that are both numerous and high risk. How do you protect your policyholder with a limited defense budget? And avoid bad faith? When should you hire -- and how do you manage -- two defense counsel in a possible cumis situation? Should you hire different coverage counsel for claim handling and coverage litigation? What privilege and waiver issues arise? How do you attract quality attorneys at reduced rates? What technology secrets actually work to reduce costs? Which budget items and litigation tasks justify the costs, and which do not? As outside counsel, how do you sell your rate to clients? Can defense counsel also give the policyholder coverage advice? Does that create a conflict and violate ethical rules? These expert panelists maneuver these challenges every day and will show you how: yes, you can have it all.

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Round Table 4 - PROFESSIONAL LIABILITY - Liability Exposure to Insurance Agents and Brokers and Defenses from Failure to Procure Coverage

April 11, 2014 10:25 AM

This panel will discuss E&O claims developments affecting insurance agents and brokers, including as potential discussion points claims based on failure: to procure coverage, to address policy terminations, to recommend adequate limits, to assess coverage comprehensiveness, to manage additional insured requests and other claim criticisms. Policyholder obligations and fault. Panel will also address the defenses available to insurance agents and brokers in these failure to procure cases, and also specifically address the defense of failure of the insured to read the policy. This defense will be analyzed in different jurisdictions throughout the county.

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Round Table 4 - TRANSPORTATION - Collecting and Preserving Evidence Following a Truck Accident and Avoiding Spoliation Claims

April 11, 2014 10:25 AM

1) Strategies for collecting evidence not in the possession of the motor carrier, including 911 calls, dashcam videos, DOT camera video, and data from passenger vehicle's event data recorder. 2) Preserving evidence of the motor carrier and truck driver, including ECM data from the truck, Qualcomm/PeopleNet/GPS data, and driver cell phone records. 3) Federal and state law regarding spoliation and how best to avoid spoliation claims and to respond to a pre-suit preservation letter from a plaintiff's attorney. Additionally, the session will address how a motor carrier can take the offensive drafting its own preservation letter to plaintiff's attorney regarding the plaintiff's medical records and social media sites. 4) How best to preserve the attorney/client privilege and work product doctrine when collecting and preserving evidence.

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Round Table 4 - WORKER’S COMPENSATION - Everyone’s a Winner – Litigation Management Through Effective Partnering with Outside Counsel

April 11, 2014 10:25 AM

The relationship with risk managers, carriers, employers and defense counsel is a strategic partnership. The panel will discuss the dynamics impacting each side of the equation from the perspective of the carrier, employer and defense counsel when dealing with various stages of the litigation process in workers compensation claims. Topics will include: the process of choosing defense counsel, real communication, objectives with alternative dispute resolution/mediation, controlling litigation costs, mitigating medical expenses, return to work goals, general expectations for defense counsel, general expectations from defense counsel, “do’s and don’ts” of claims handling, pet peeves, and traits of effective litigation managers. The panel and audience will work to develop some useful tips or checklists to make every member of this strategic partnership better, more efficient and successful.

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