2015 Annual Conference

PREMIER PANEL 1 - CEOs Share Their Views on the Future of the Industry

• Speakers:
• Larry Goanos, AmWINS Group, Inc.
• Kevin Kelley, Ironshore Insurance Company
• David McElroy, Arch Insurance Group Inc.
• Jill Wadlund, Berkley Life Sciences

Three major insurance company CEOs answer hard-hitting questions about the state of the insurance industry today and where it's going in the future. This no-holds-barred session will delve into such topics as cyber insurance, the latest product innovations and what keeps these industry leaders up at night. 

SESSION 1 - CLAIMS MANAGEMENT - How to Waive Attorney-Client Privilege Without Even Trying

• Speakers:
• David Cutter, Self Employed
• Martha Kersey, Church Mutual Insurance Company
• Naomi Kinderman, W.R. Berkley Corporation
• Jay Levin, Reed Smith LLP

In the business world, it is often assumed that if a lawyer is involved in a matter, a privilege from disclosure will automatically apply. In the insurance context, however, the general perception that privileges attach immediately upon retention of a lawyer could not be more wrong. In this session, we will discuss how courts determine if a privilege applies to claim handling materials. Presenters will consider the impact of the nature of the communication, the identity of the persons involved in the communication, and the distribution of the information on the privilege determination.

SESSION 1 - CLAIMS MANAGEMENT - SMART - The Pathway to Medicare Finality

• Speakers:
• Tara Acton, Lumen Technologies, Inc.
• Cliff Connor, Gallagher Bassett Services, Inc.
• Roy Franco, Verisk
• Brad Spicer, Cincinnati Insurance Company

In this session, participants will discuss how TPA, insured and self-insured entities are impacted by this law and the steps to mitigate exposures in this changing environment. This presentation will also discuss conditional payment identification, negotiation and resolution; protecting Medicare’s interest with MSAs or alternative methods; and meeting reporting obligations for ORM, Ongoing Responsibility for Medicals Termination and Total Payment Obligation to Claimant reporting.

SESSION 1 - CONSTRUCTION - Building A Successful Approach To Handling Complex Construction Defect Claims And Their Related Coverage Issues

• Speakers:
• Guy Hollingsworth, Hanover Insurance
• Michael Kashtan, Fort Capital Management
• Anthony Miscioscia, Post & Schell
• Jennifer Wojciechowski, Community Association Underwriters of America, Inc.

This presentation will explore strategies to assist both claims and coverage representatives and their counsel in handling and litigating complex construction defect claims and their related coverage issues – with an eye toward not only minimizing the defendant insured’s potential liability but also in controlling the defense and coverage costs and ensuring that the insurer is not left obligated to pay for otherwise uncovered damages.

SESSION 1 - DIVERSITY & INCLUSION - Diversity and Cultural Competence in Claims

• Speakers:
• Christina Benedict, Providence Health & Services
• Rima Ghandour, Ghandour Law
• Angela Henderson, ESIS
• Karen Kalzer, Helsell Fetterman LLP
• Nicole Rhoades, Davis Rothwell Earle & Xóchihua P.C.

The U.S. continues to grapple with its increasingly diverse population; expanding identity groups include: generational, gender, gender identification, ethnic, cultural, religion, physical abilities, and income. This growth brings both richness and challenge to existing perceptions. This presentation will discuss lessons learned in dealing with diverse populations in approaching claims investigations, evaluations and resolution. Elements addressed will include developing intercultural competence, identifying and navigating cultural bias, operating from a position of mindfulness and understanding external bias for or against your client in evaluating the claim.

SESSION 1 - INSURANCE BAD FAITH - Bad Faith Principles For Any Claim Department To Avoid

• Speakers:
• Bradley Eskins, Eskins, King & Marney, P.C.
• Reid Henderson, State Farm
• Donald Jones, Farm Bureau Insurance of Michigan
• Cindy Powers, ClaimVets
• Natalie Zoll Blind, State Auto Insurance Companies

This session includes three case studies.  The case studies include a construction claim, a homeowner claim and an auto claim.  The fact patterns are loaded with potential issues designed to generate discussion. 

Each case study includes actions which may trigger a bad faith claim, claim handling guidelines to avoid bad faith, and specific obligations and ethical considerations for the corporate counsel, the defense counsel and the claim adjuster.   The ethical considerations cited are designed to elicit discussion about the interplay of obligations between corporate counsel, defense counsel and claim adjuster.

The guidelines and ethical considerations include sample citations to allow the participant to easily locate further statutory and regulatory materials guiding the industry.  The participant will receive best claims practices guidelines which may be implemented to improve proper claim handling.

SESSION 1 - INSURANCE COVERAGE - Bankruptcy Issues Affecting D & O Coverage

• Speakers:
• Steven Carabases, Hartford Global Specialty
• Paul Glenn, US Bankruptcy Court, Middle Florida
• Susan Gummow, Self Employed
• Eleftherios Stefas, Argo Pro

When a company files for bankruptcy, numerous and various issues can arise for the company’s insurers. Regardless of fault, the Directors and Officers liability policy is viewed as a potential source of money, ripe for recovery by creditors, especially in cases where all other assets are encumbered. It is important for an insurance company to understand the implications of bankruptcy on its insured, and on the policy itself. The session will discuss the bankruptcy process generally, describe the entities involved in a typical bankruptcy proceeding, address specific policy provisions, and discuss how courts have evaluated those provisions

SESSION 1 - INSURANCE FRAUD - Additional Living Expense Fraud: Living the Dream at the Insurance Company’s Expense

• Speakers:
• Jonathan Colman, Colman Perkins Law Group
• Michael Markey, Chubb
• Gene A. Weisberg, GladstoneWeisberg ALC

Homeowner’s policies cover the increased cost of living in a substitute residence while repairs are being made. But some people use ALE claims to either allow the policyholder to live more luxuriously than normal, or make a profit. This session will discuss ways to investigate ALE claims to uncover what is really happening, and what expenses are truly extra. Among the tools that will be addressed are real estate and employment information, satellite photos and social media available on the Internet as well as traditional document requests, EUOs and site inspections.

SESSION 1 - LITIGATION MANAGEMENT - Challenging Times Ahead: Managing the Legal Spend in Large Litigation

• Speakers:
• Dion Cominos, Gordon Rees Scully Mansukhani
• Jonathan Goodman, General Electric
• Bruce Meckler, Retired
• J. W. (Jack) Montgomery, Jones Day
• Joshua Schwartz, Chubb

Surf the internet, scan the legal reporters, or just look at billboards along the highway and you will clearly see that the tide of plaintiffs’ personal injury, complex mass-tort and consumer fraud, employment class actions and/or multi-jurisdictional claims, just to name a few, has not only not ebbed it is reaching tsunami proportions. Throw in claims for medical lien reimbursement, possible state and DOJ investigations and/or shareholder actions, and the issues that Litigation Claims Professionals have to face in today’s environment are extraordinarily challenging.

SESSION 1 - LITIGATION MANAGEMENT - The Benefits and Risks of Joint Defense Agreements

• Speakers:
• Steve Lokus, Navigators, A Brand of The Hartford
• Jillisa L. O'Brien, Law Office of Jillisa L. O'Brien, P.C.
• Lisa Unger , Self Employed
• Lee Wright, Tokio Marine HCC
• Irene Yesowitch, Self Employed

Joint defense agreements have long been used by parties with common interests to coordinate strategy, pool resources, and reduce costs. With all of the benefits that joint defense agreements confer, the risks they raise are often unappreciated, including privilege waiver, duties to non-clients (joint defense co-participants), attorney or potential disqualification in future matters given past joint defense in substantially similar matters. This session will discuss how these risks can be avoided, or at least mitigated, by careful planning, drafting, and execution of a joint defense agreement.

SESSION 1 - LITIGATION MANAGEMENT - The Next Generation of Panel Management

• Speakers:
• Steven Eichler, Margolis Edelstein
• Toni Forge, Self Employed
• Jonathan Weber, Chubb

Carriers are well-versed in the benefits of traditional law firm panel management, but how can proven panel management principles be applied to deliver a more comprehensive and greater impact to ALAE management? This session is designed for claims professionals ready to take their panel management practices to the next level. This roundtable will discuss strategies and best practices for extending panel management practices globally, explore the challenges and rewards of expanding panel management to other types of vendors – independent adjusters, court reporters, forensic accountants, and others – and consider how technology can be leveraged to support these next generation ALAE management processes to optimize panel assignments and drive claims professional behavior.

SESSION 1 - LITIGATION MANAGEMENT - Utilizing Collaboration to Achieve Cost Efficient Early Resolution

• Speakers:
• Cynthia Heaney, GB Specialty (Division of Gallagher Bassett)
• Timothy James, Self Employed
• Patrick M. Roche, Collins, Roche, Utley & Garner, LLC
• John Sparks, Fowler Hirtzel McNulty & Spaulding, LLP
• Daniel Winkler, Westfield Insurance

Resolution professionals and lawyers are collaborating to resolve cases quickly, fairly and cost effectively. Learn the strategies that are working in this interactive session. Understand how to structure a dynamic initial claims/lawyer conference that directly addresses issues that are blocking resolution and how to establish a cooperative plan to remove those impediments.

SESSION 1 - LITIGATION MANAGEMENT - What Matters in Measuring Success?

• Speakers:
• Mike Ethridge, Ethridge Law Group
• Steve Popelsky, Encova Insurance
• Kristina Satkunas, LexisNexis

This session will look closely at the metrics used by carriers, general counsel, and law firms in defining success for themselves, their clients and the policy holders. You can run reports, but you must understand what you are measuring, why you are measuring it, and what you will do with the data once you receive the report.

SESSION 1 - PROFESSIONAL LIABILITY - Managing "Misinformation"

• Speakers:
• Ben Andrews, Pennington Law Firm
• Sally Combs, Self Employed
• Nick Lanza, Lanza Law Firm, P.C.
• Karen Thurlow, Nationwide Insurance Company

In making underwriting decisions, carriers rely to a large extent on the risk information they receive in applications from prospective insureds --information that is most typically submitted by the agent or broker presenting the risk for consideration. We will discuss a growing problem with actual and alleged "misinformation" that goes unrecognized until after a policy is written and a claim occurs, looking from the perspective of the insurance agent and broker, the underwriter, and the claims handler discovering the potential misrepresentation in the claim investigation.

SESSION 1 - RISK MANAGEMENT - Risk Management: The Actuarial Perspective

• Speakers:
• Frank Chang, Uber
• Greg Katz, Lewis Brisbois Bisgaard & Smith, LLP
• Loren Nickel, Google LLC
• Stephen Truono, NFI Industries

This session will address effectively working with your actuary to understand where Risk Managers should be focusing their efforts and increasing their expertise when it comes to managing their ultimate liabilities. Best methods for strategically negotiating lower ultimate losses will also be addressed..

SESSION 1 - SUBROGATION - Fire Spread Liability & Challenges: Practical Strategies For Prosecuting & Defending

• Speakers:
• Timothy Anderson, Markel Service, Incorporated
• James Connolly, Self Employed
• Dean Rauchwerger, Butler Weihmuller Katz Craig LLP
• James Scholten, National Indemnity Company

Fire spread liabilities rise out of catastrophic fires, where increased fire damages and risks are avoidable. This session focuses on significant recovery opportunities, often overlooked, for fire spread losses as well as defending fire spread property damage and bodily injury claims. Using interactive, real-world hypotheticals, we will highlight fire spread basics, investigation methods and recurring fire spread scenarios. Attendees will gain valuable insights on the theories and practicalities for developing and defending fire spread liability claims.

SESSION 1 - TECHNOLOGY - Taking Tech to Task: Tackling Technology’s Troublesome Issues

• Speakers:
• Steven Henning, Suite 200 Solutions
• Nicky Mukerji, Self Employed
• Alan Parker, Special Claims Services, Inc
• Matthew L. Schrader, Reminger Co., LPA

This session focuses on fixing or protecting against common mistakes in the use of communications, devices, programs and apps – mistakes that erode efficiency, effectiveness, confidentiality, or security in our professional use of technology. From reducing cyber risks to improving our use of email, this session will discuss better ways to manage our technology.

SESSION 1 - TRANSPORTATION - Transportation Claims: Scope of Biomechanical Opinions regarding Medical Causation and Newer Technology for Claim Investigation

• Speakers:
• Kimberly Davis, SpyratosDavis LLC
• Douglas Morr, SEA, Ltd.
• Scott Schomaker, Acuity Insurance

In this session, two aspects of claim investigation/analysis will be discussed. First, we will discuss the current state of the law regarding, and strategies concerning, the extent to which a biomechanist may offer opinions at trial regarding (1) kinetics, kinematics, and medical causation, (2) medical versus engineering opinions, and (3) effective use of vehicle photographs. Also discussed will be past case examples and experience in different courts and in different types of cases. Myths that exist relative to this issue will be put forth for discussion purposes, and we will discuss the use of 3D scanners, data retrieval/preservation, and document retention strategies to maximize the investigation opportunity at the scene of a transportation accident and thereafter.

SESSION 2 - ADR - The Psychology of Negotiation – Know Your Adversary and Yourself

• Speakers:
• Julia Manganaro, Navigators, A Brand of The Hartford
• Linda Pierce, Arthur J. Gallagher & Co.
• Rick Raeder, Markel Service, Incorporated
• Ian Stewart, Wilson Elser

As claims professionals, we negotiate every day in some manner. How many times has your adversary to a negotiation made or responded to a proposal in a way that simply makes no sense? We’ve all been confronted with an extreme opening demand that is sure to be rejected, and we’ve all seen the opposing side entrench itself in a position that’s difficult to justify. What's the best way to respond to seemingly irrational negotiation positions? This panel discusses the various cognitive biases that impact the ability of each of us to perceive and place value on things, separate emotions from logic, and interact socially in a bargaining situation. Several theories of psychology are addressed, including loss aversion, escalation of commitment, reciprocity, framing and anchoring, among others. The psychology of negotiation is presented in the context of common scenarios such as the opening offer, responding to the extreme demand, how to handle concessions, delivering good/bad news, and how to deal with a difficult negotiating partner. Several interesting psychological studies are discussed and the presentation incorporates entertaining video content to demonstrate some of the key concepts.

SESSION 2 - CLAIMS MANAGEMENT - Effective Claims Management Involving Multiple Decision- Makers

• Speakers:
• Gregory Anderson, AndersonGlenn LLP
• Lisa Boutylkine, The Redwoods Group, Inc.
• Wendy Harkness, Advantage Waypoint

This session will explore the effective ways to manage the complex and often inconsistent relationships between the Third Party Administrators (TPA), multiple level claims managers and in-house Legal Counsel. Topics will include: Identifying separate responsibilities and roles in evaluation and the settlement process; Setting guidelines to define the relationship between the TPA, claims managers and in-house counsel; Reporting requirements and communicating expectations and results; Increasing efficiency and decreasing stress in excess and multi-layer exposure; Interdependence in setting reserves and settlement authority; and Use of specialized counsel and establishing chains of command.

SESSION 2 - CLAIMS MANAGEMENT - Structured Settlements: Tools of the Trade, Best Practices, Strategies and Executive Perceptions

• Speakers:
• J. Douglas Merritt, Ringler
• Terence Milford, CBIZ Insurance Services, Inc.
• Stephen Olson, Engles, Ketcham, Olson & Keith, P.C.
• Tim Roberts, Everest Insurance Company

This session will address effective structured settlement strategies and claim best practices that are developing in the marketplace. The presenters will offer insights as to how and why to incorporate the cost-effective tool into your claims and litigation management programs and share executive perceptions with respect to the scope and effectiveness of their structured settlement programs in achieving desired outcomes.

SESSION 2 - CLAIMS MANAGEMENT - The Impact of the Affordable Care Act on the Insurance Industry, Litigation and Medicare: What Does the Future Hold?

• Speakers:
• Jack Hipp, Allianz Global Corporate & Specialty
• Caryn Lilling, Mauro Lilling Naparty
• Jessica Smythe, ISO Claims Partners

This interactive session will explore the potential impact of the ACA on claims and cost shifting, future damage awards and whether or not the stringent anti-fraud and enforcement provisions contained in the ACA will result in heightened scrutiny of settlements and Medicare reimbursement processes.

SESSION 2 - DIVERSITY & INCLUSION - Life Is Great - How to Develop a Successful Company Culture

• Speakers:
• Daniel Coombe, Coombe Curry Rich & Jarvis
• Michelle Hollingsed, Savage Services Corp
• Henry Ortega, AXA XL

“I hate my job.” These four words uttered by employees everywhere negatively affect a company’s performance. Companies with employees who say “I love my job” have been found to improve a company’s bottom line success. This session will discuss how to identify an organization’s current cultural stage and provide suggestions on how to advance from lower to higher stages.

SESSION 2 - INSURANCE BAD FAITH - Stopping the Set-Up

• Speakers:
• J. Stephen Berry, Builders Insurance Group
• Stacie Gram, CNA Insurance
• Sarannah McMurtry, First Acceptance Insurance Company, Inc.

This session focuses on how to avoid attorney-driven bad-faith set-up attempts in the various forms now prevalent throughout the nation. The first half of the class outlines how to avoid set-ups BEFORE they happen and the second half discusses how to handle set-ups AFTER they happen.

SESSION 2 - INSURANCE COVERAGE - The Covenant Judgment Problem

• Speakers:
• Aaron Doynow, AXA XL
• Craig Stewart, White and Williams
• Marjorie Thompson, Allied World Assurance Company, Ltd.

Increasingly lawyers for personal injury plaintiffs and policy holders use consent judgments and the threat of extra-contractual liability to force insurers into unreasonable settlements. This session will include a description of the typical case in which the consent judgment tactic is employed; the benefits to the insured and plaintiff; the problems faced by the insurer; and how different jurisdictions treat the numerous issues that can arise.

SESSION 2 - INSURANCE FRAUD - Building your Civil RICO Action to Withstand a Rule 11 Motion and/or a Rule 12B(6) Motion to Dismiss

• Speakers:
• Lisa K. Anderson, Self Employed
• James Carlson, Self Employed
• Arron Cobb, Farmers Insurance Exchange
• Howard Kaplan, Bernard, Cassisa, Elliott & Davis

This session will discuss the affirmative and defensive use of civil RICO actions to combat fraudulent insurance claims and to prevent the enforcement of fraudulently obtained foreign judgments (including the recent Chevron & CSX decisions which successfully used RICO defensively). Discussion will include the necessary elements for a RICO action, and will focus on the legal and factual support necessary to build a successful civil RICO action using investigation, surveillance, recorded statements and Trojan state court cases to conduct discovery. In many RICO actions, Rule 11 Motions or Rule 12b(6) motions will be filed to dismiss the RICO claims. Discussion will address how to respond to attacks on the RICO action based upon statute of limitations issues, pleading RICO and related fraud counts, use of the federal anti-kickback statute and the Colorado River and Younger doctrines.

SESSION 2 - LITIGATION MANAGEMENT - Balancing the Interests of Multiple Carriers in Time on Risk Cases

• Speakers:
• Issy Bustamante, Self Employed
• Rosanne Crowley, AXA XL
• Dawn Krigstin, Envoy Specialty LLC
• Laurie Sherwood, Walsworth - WFBM, LLP

Litigation involving a time period spanning many years often implicates numerous insurance policies, resulting in multiple carriers agreeing to provide a defense. As a result, differences in strategy can arise regarding a variety of issues, including budgeting, case handling, and settlement authority. This presents both carrier representatives and counsel retained to defend these claims with the challenge of balancing differing carrier guidelines and policies, all while providing an effective defense for the insured. Participants in this session will address the viewpoints of both carriers and defense counsel on these issues, including their thoughts on how to resolve same.

SESSION 2 - LITIGATION MANAGEMENT - Modern Trial Prep: A Client's Perspective

• Speakers:
• Brendan Clifford, Gemini Transportation Underwriters
• Shay Gilmore, The Law Office of Shay Aaron Gilmore
• Elizabeth Homicki, Zurich North America
• Jodi Swick, McDowell Hetherington LLP

Claims handlers know how to value a case, manage evidence, and play an insurer to a jury. Technical directors know who will make a good witness and how to efficiently maximize experts. Vice Presidents and In-house Counsel know what legal approaches have worked and how to minimize bad press. Our presenters will share their innovative ways to manage discovery, harness difficult witnesses, retain the right expert, engage a judge, avoid jury bias, prevent media pitfalls, and bring home a positive verdict.

SESSION 2 - LITIGATION MANAGEMENT - The Claim Management Link: Interplay between Risk Tolerance, Operational Structure, Litigation and Claim Outcomes

• Speakers:
• Glenn Shapiro, Allstate Insurance Company
• Mark Thompson, Marshall Dennehey

Bringing it all together- How the right operating model, tools, culture, litigation approach, negotiation philosophy and communication can dramatically change internal results and external perceptions. Focus on how models react differently to each segment of claims. A discussion on market trends, tactical ways to address risk tolerance and building and sustaining a claim management culture to competitively differentiate your company, customer and client.ent.

SESSION 2 - LITIGATION MANAGEMENT - The Millennials in Action: Trial Strategies for a Challenging Generation

• Speakers:
• Larry Beemer, Tokio Marine HCC
• Thomas Best, Home Depot U.S.A., Inc.
• Daniel Santaniello, Luks, Santaniello, Petrillo & Cohen
• David Zehner, Zehner Trial Consulting

Learn how to synthesize messaging that appeals to Millennial jurors while still effectively engaging older jurors, and harvest technologies and strategies for better trial outcomes. This presentation will outline the most effective trial strategies for neutralizing the attitudes that make Millennial jurors challenging for defendants, and will provide creative approaches to developing an overall strategy for delivering winning outcomes. Presenters will discuss effective tools for weeding out unfavorable millennial jurors along with techniques for framing case themes that appeal to this generation. Participants will share their millennial trial experiences and insight with presenters and together they will define the best methodologies for developing and presenting evidence to Millennial jurors without “turning off” jurors from other generations.

SESSION 2 - LITIGATION MANAGEMENT - The Other Tripartite Relationship: Navigating the Relationship between TPAs, Insurers, and Panel Counsel

• Speakers:
• Stephanie Glickauf, Goodman McGuffey LLP
• Mary Haefer, Mintzer Sarowitz Zeris Ledva & Meyers, LLP
• Lewis Harper, Arch Insurance Group Inc.

This session will discuss the relationship, use, and liabilities surrounding using third party administrators (TPAs) and panel counsel in the handling of claims. Topics discussed will include liability of a TPA versus an insurance company for breach of contract and bad faith. The session will also discuss tips and tricks for navigating the TPA/insurer/counsel relationship "in the trenches" to include things such as panel counsel bill reviews and a discussion of "who should do what?" on a file.

SESSION 2 - PREMISES LIABILITY - Defending Claims of Negligent Response to Medical Emergency

• Speakers:
• Jerry Hamilton, Hamilton, Miller & Birthisel LLP
• Vic Marmo, Marriott Vacations Worldwide Corporation
• Candice Minerof, Royal Caribbean Cruises Ltd.
• Danielle Rubin, Royal Caribbean Cruises Ltd.

Every year numerous lawsuits are filed against hotels, resorts, restaurants, spas, gyms and other types of businesses on allegations of inadequate responses to medical emergencies that unexpectedly befall their guests and patrons. This comprehensive session will provide an in-depth analysis of risk, duty, and liability. While no specific formula will guarantee you will never face a claim or will prevail in a lawsuit, understanding the law and applying the lessons it offers will undoubtedly increase the odds.

SESSION 2 - PRODUCT LIABILITY - The Future is Now: 3D Printing

• Speakers:
• Michael Bruyere, Self Employed
• Sara Dyson, Medmarc Ins. Group
• Carolyn Finch, Self Employed
• Whitney Smith, Wilson, Smith, Cochran, Dickerson
• Robert Wright, AmWINS Group, Inc.

Rapid developments in additive manufacturing, or 3D printing, are driving a phenomenal expansion of this means of production. Some estimate that the growth of 3-D printers will reach 75% this year and 200% in 2015. Products manufacturers are employing these new technologies to produce cost-effective, safe, and reliable products from basic parts to medical devices. As with most innovation the benefits of scientific and engineering breakthroughs, such as 3D printing, bring concomitant risks, including liability exposure and challenges in assessing the risk of producing products with short-run manufacturing. A panel of experts will discuss this emerging technology and the issues it poses for the products liability insurance community.

SESSION 2 - PROFESSIONAL LIABILITY - The Obligation of Attorneys to Keep up with Changes in Technology

• Speakers:
• Wileen Chick, Aon
• Dennis Galvin, Argo Group US
• Joseph Garin, Lipson Neilson P.C.
• Shawn Harpen, The Patron Spirits Company
• Richard E. King, Melchiode Marks King LLC

The session will look the obligation of attorneys, ethically and legally, to learn and know the implications of changing technology. The session will identify and describe specific risks arising from changes in technology; including the interplay of ethical rules with a focus on: competence (ABA Model Rule 1.1); confidentiality under Rule 1.6; safekeeping property under Rule 1.15; extent of client files under Rule 1.16; expediting litigation (Rule 3.2); supervisory lawyers (Rules 5.1 & 5.3); and, misconduct (Rule 8.4). We will also cover changes to available insurance products and how the market is adapting to new risks with updated products.

SESSION 2 - REINSURANCE - Reinsurance Fundamentals

• Speakers:
• Ann Field, Unknown
• Lawrence Greengrass, Mound Cotton Wollan & Greengrass
• Susan Grondine-Dauwer, SEG-D Consulting, LLC
• Scott Seaman, Hinshaw & Culbertson LLP

This panel is targeted towards claims professionals, in-house and outside counsel who wish to gain a working knowledge of reinsurance, the interplay between insurance and reinsurance programs and the impact of reinsurance in a company’s strategic financial planning. Participants will hear from leading figures in the reinsurance industry regarding the placement, management and disposition of reinsurance business and learn specifically about the types of reinsurance, contract forms and unique provisions, ceded and assumed reinsurance claims and collections as well as how construction and handling of the same can lead to disputes and ultimately resolution within the “custom and practice” of the industry.

SESSION 2 - RISK MANAGEMENT - Risk Management: Identifying The Unexpected

• Speakers:
• Jennifer Baker, Self Employed
• Kevin Smith, Wood Smith Henning & Berman LLP
• Tamara Warn, Superior Risk Management

Case studies will be presented to demonstrate factors and techniques for Risk Managers to identify the unknown and potential areas of loss. Practice areas covered will include catastrophic injury, transportation, premises and general liability. Risk Managers attending this presentation will be better prepared to identify potential areas of loss and how to mitigate loss.  Attendees will also learn strategies that can be employed to quickly identify traps and pitfalls prior to a loss, as well at handling strategies for litigated matters. 

SESSION 2 - TECHNOLOGY - A Holistic View of Cyber and Data Privacy

• Speakers:
• Sarah Abrams, Bowhead Specialty Underwriters, Inc.
• Brian Bassett, Traub Lieberman Straus & Shrewsberry LLP
• Joe DePaul, IronGate
• Cathleen Rebar, Rebar Kelly
• Brian Robb, CNA Insurance

This session will include identifying, analyzing and responding to a data privacy event. The session will educate participants on the significance of each step of the breach response process, including identifying the breach, preserving the attorney client relationship, the role of the breach response team, how and when to utilize forensic analysis, the multiple laws, regulations and statutes impacted, and the litigation stemming from these events.

SESSION 2 - TRANSPORTATION - E-Discovery & Transportation: The Changing Scope of the Post-Event Investigation

• Speakers:
• Brian Boggess, SEA, Ltd.
• Margey Knight, Keolis Transit America
• Michael Lowry, Wilson Elser

Photographs and witness statements from the accident scene are now just the start of a post-event investigation. As computers continue to integrate into more transportation functions, electronic discovery has taken on greater importance in transportation investigations. Whether a minor fender-bender or a fatality investigation, those on the scene must be cognizant of what electronic evidence might be present at the scene and how to preserve it. This session offers best practices for handling the increasing importance of electronic discovery in transportation cases

SESSION 3 - CLAIMS MANAGEMENT - Practical Issues Arising From Preserving Work Product and Attorney Client Privilege

• Speakers:
• Margaret Erife, ESIS
• Alan Freisleben, Freisleben Law Group
• Jeanette Hernandez, Unemployed
• Alan Ronson, Munich Re Specialty Insurance

This session will address when the attorney-client privilege can be breached and its recognized exceptions, and when the protections of the work product doctrine are conditional and how those conditions are applied. This session will also debate the strategic and tactical advantages of asserting the privilege, the consequence and scope of the “advice of counsel” defense and considerations surrounding its assertion and practical illustrations of real life encounters with the issues as well as their outcomes.

SESSION 3 - CLAIMS MANAGEMENT - When Your Policy Limit Isn't Enough

• Speakers:
• Matt McColley, KW Specialty Insurance Company
• Clark Monroe, DunbarMonroe, PLLC.
• Kathleen Olear, Sompo International Insurance
• Richard Ranieri, Weber Gallagher Simpson Stapleton Fires & Newby LLP
• M. Shane Sumrall, McGriff, Seibels & Williams

Businesses often find themselves in situations where they face monetary exposure far in excess of the insurance protection that they have acquired. Such a situation presents difficult choices and strategy considerations for the insured business, the insurer and counsel. This session will discuss some of the complications and considerations that frequently arise in this scenario, including multiple claimants, indemnity claims and subrogation. Discussion will also include the risk of excess verdicts and bad faith; and strategies and methods for resolving these claims quickly and within policy limits.

SESSION 3 - CONSTRUCTION - Untangling Product Liability and Construction Defect: Can Product Defenses Help Your Negligence Case

• Speakers:
• Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC
• Melissa Filip, Vela Insurance Services LLC
• Mary Ann Vorndran, Employers Mutual Casualty Company
• Andrew Weinstock, Duplass, APLC

Over the past several years, a large number of construction defect claims have been brought against contractors for defective construction materials. Historically, the economic loss ruled prohibited product liability claims against the manufacturer of what amounts to a component part of a building for damages in tort. Thus, the economic loss doctrine precluded recovery for purely economic loss, in tort and injured parties were required to pursue their claim in contract, thereby, greatly limiting their potential damages. Products Liability has become an issue because major building portions such as envelope products are not only utilized, but typically installed by a "certified" installer. The question arises as to whether the contractor is responsible for the installed "product." Ultimately, the issue will often come down to whether the contractor is selling a product or performing a service. If the former, issues of product liability (tort) and sales (contract) will apply. If the latter, the issues will be that of negligence or breach of contract. Although subtle, the inclusion of a products claim can provide defenses and limit damages that remove an open ended negligence claim and limit the case to a more manageable breach of contract case which typically includes limited damages. Alternatively, the Product Liability action might ease the plaintiff's burden of proof by removing the need to prove knowledge of the alleged defect.

SESSION 3 - EDISCOVERY - Understanding and Addressing the Unique Nature of Electronic Discovery in Complex Insurance Actions

• Speakers:
• David Deusner, Bradley Arant Boult Cummings LLP
• Samantha Green, Epiq
• Peter Vogt, VortexLegal
• Louis (Ray) Wood, Rimkus Consulting Group, Inc.

Electronic Discovery or “eDiscovery” in the insurance industry is unique for a number of reasons. Often, policyholders possess significant amounts of discoverable information, and the insurer-insured relationship implicates a number of attorney-client privilege concerns and unique contractual relationship issues. The duty to preserve is also one that is less than straightforward in this context. This presentationl will address these issues as well as the risks associated with eDiscovery in insurance litigation matters and provide unique perspectives from in-house counsel, outside counsel as well as from the bench. It will address recent trends in eDiscovery, including a discussion of Technology Assisted Review or “TAR” and its impact on the significant costs often associated with eDiscovery. Attendees will learn about TAR generally, how it works, what courts have said about it, and what judges expect from parties intending to utilize it.

SESSION 3 - ETHICS - Advanced Issues in Dealing with Social Media: Ethical Concerns and Admissibility Pitfalls

• Speakers:
• Stephen Henning, Wood Smith Henning & Berman LLP
• Phyllis Modlin, Markel Service, Incorporated
• Patrick Strubel, Watkins & Eager PLLC

Given the proliferation of types and use of social media, it is more apparent that it is a necessary function and tool of all areas of litigation and claims handling. This presentation will examine more advanced issues, including the ethical implications of using social media in adjusting claims and pitfalls that have arisen in defending claims and in general use for employees. We will also discuss how to respond to the Stored Communications Act, which establishes that social media providers are not subject to subpoena powers in civil actions.

SESSION 3 - INSURANCE BAD FAITH - Bad Faith: When Attorneys Act in a Claims Role

• Speakers:
• Lewis F. Collins, Self Employed
• John Franks, Infinity Insurance Company
• Michael Golding, Starr Indemnity & Liability Company
• Robert Stahl, Amerisure Mutual Insurance Company

The lines between the actions of a defense attorney and the duties of a claims handler often get blurred. This session will address when the line is crossed and counsel acts as a claim handler. Do his or her actions and communications become subject to discovery in a bad faith suit?

SESSION 3 - INSURANCE BAD FAITH - Effectively Defending Against “Bad Faith” Tactics Employed By Plaintiffs’ Attorneys

• Speakers:
• Tamara Ashjian, NAS Insurance
• Paul Larimore, Wiedner & McAuliffe, Ltd.
• Ronna Ruppelt, CLM
• Bharat Varadachari, HeplerBroom LLC

This presentation 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/time limit demand. The presentation will provide a look into the driving factors for the carrier, the counsel and how they work together to provide an effective response to the threat of bad faith while protecting the insured and the carrier.

SESSION 3 - INSURANCE COVERAGE - Sinking the Ship – Dealing with Heavyweight Coverage Issues and Meaningful Mediation

• Speakers:
• Elizabeth Fitch, Righi Fitch Law Group
• Barbara Laskaris-Lorigan, Golden State Claims Adjusters
• Linda Tonkovich, Arch Insurance Group Inc.
• Mark VonderHaar, MRV Law

The key to any successful mediation is proper preparation, particularly a mediation involving complicated coverage issues. This presentation will discuss best practices in approaching complex, multi-party, coverage issues with the end goal of a meaningful mediation. Subtopics will include proactive steps to resolve crucial coverage and insurance disputes that could derail the mediation process such as time on risk, the interplay of different coverage types, self-insured retentions, and potential "indemnity gaps" created by defense within limits policies. Participants will leave this session with a checklist to facilitate a productive mediation experience in even the most complicated of coverage disputes.

SESSION 3 - INSURANCE FRAUD - Deconstructing the ESI Buildup - The Proactive Approach

• Speakers:
• Cathy Gicker, Self Employed
• Milan Marinkovich, Parker, LLP
• Tommy Short, ACCC Insurance Company
• Tom J Usery, Self Employed

The insurance industry faces a financial crisis from injury buildup cases involving epidural steroidal injections. Minor accidents where participants are citing subjective injuries (or in some cases, no injury) are becoming limits cases based on aggressive medical evaluations and treatments. This session will focus on whether these issues are legitimate; how an insurance company evaluates the claim, what the company and its legal counsel can do to get to the truth of the matter; and determine whether it is a claim or a crime.

SESSION 3 - LITIGATION MANAGEMENT - Defense Counsel's Challenges in Complying with Carrier Guidelines vs. The Best Interest of the Insured-Client

• Speakers:
• Michael DeLonay, AXIS Specialty US Services, Inc.
• Jade Gummer, Quintairos, Prieto, Wood & Boyer, P.A.
• Traci McGuire, Ameritrust
• Donald Myles, Jones, Skelton & Hochuli, P.L.C.
• Howard Panensky, Willis Towers Watson

In the context of a complex professional liability claim - a legal malpractice action brought against a lawyer-insured for malicious prosecution - this session will explore and discuss the challenges defense counsel face when required to comply with litigation management guidelines that may not always be in the best interests of the insured, the lawyer's client. Key issues arising from the facts include significant coverage concerns, low policy limits, highly litigious corporate Plaintiff, consent to settle clause, procedural developments that could void coverage, and the complexities of a case within a case. The insurance policy, defense counsel's decision making, and the adjuster expectations can give rise to challenging issues while trying to collectively work toward the best possible outcome. Participants will take away tips and best practices for claim related decision making and managing relationships when faced with complex claim facts and confining coverage parameters.

SESSION 3 - LITIGATION MANAGEMENT - Factors to Consider Before Sending in your RSVP to the Joint-Defense Agreement Party

• Speakers:
• Byron Bowles, McAnany, Van Cleave & Phillips, P.A.
• Paula Letterman, Unknown
• R. Wade Vandiver, Vandiver Law & Mediation, PLLC

This session will cover a brief history of these agreements, and a brief discussion on why they can be beneficial, but will focus primarily on potential issues that if not carefully prepared for can be very problematic. A factual case study will be discussed with the group which contains a multitude of issues such as: potential coverage litigation disputes between parties that may waive the privilege, potential party to the agreement becoming adverse and using information gathered pursuant to the agreement to a defendant’s detriment, potential fiduciary ramifications to counsel as an unintended consequence, contractual issues for alleged breaches of the agreement itself and ensuring the type of documents shared are allowed to be protected by the privilege. The session will conclude with a discussion of procedural protections to have in place to reduce risk.

SESSION 3 - LITIGATION MANAGEMENT - Settlement Offers and Offers of Judgment - Tools or Traps?

• Speakers:
• Detta Hanson, Weyerhaeuser
• Irene Lopez, Kemper Insurance Corporation
• Gregory Lusby, Arnold Gallagher, PC
• Kristoffer Whitters, Marsh

We all know that a settlement offer or an offer of judgment can assist in resolving a case, but they can also develop into an obstacle. This session will discuss difficulties that can arise because of the following issues: lack of initial supporting documentation that leads to inadequate case evaluation, incorrect initial expert evaluations and their consequences, attorney’s fees, statutory and legal standards such as "Unfair Claim Settlement Practices Acts", unreasonable expectations and evaluations by opposing counsel, potential adverse ramifications due to precedence setting decisions, and potential claims of bad faith.

SESSION 3 - LITIGATION MANAGEMENT - When to Bring in New Defense Counsel and Other Tough Decisions

• Speakers:
• Samuel Carucci, Allied World Assurance Company, Ltd.
• Christopher Piety, Aspen Insurance
• Robert Tyson, Tyson & Mendes LLP
• Raymond Weisse, Ascot Group

High stakes litigation can go south and it can go south quickly. This session will address the warning signs of problems in the defense at each stage of litigation, from initial claims handling to the week before trial. One case study will take you through a multi-million dollar personal injury claim in which the damages continued to escalate right up to the week before trial. The participants will discuss the new injuries, surgeries, and claims that are discovered during litigation which dramatically impact the value of the case and address how to proceed including issues such as: early investigation of critical evidence; retention and termination of experts; strategies for mediation and settlement at every stage of litigation, including pre-lawsuit and post jury verdict.

SESSION 3 - MUNICIPAL LAW - The Legal and Insurance Ramifications of the Militarization of Police Departments

• Speakers:
• Peter Dunne, Pitzer Snodgrass, P.C.
• Stephen Dzury, Premia US
• Wayne Melnick, Freeman Mathis & Gary, LLP
• William Oberts, Tribler Orpett & Meyer, P.C.
• Sarah Schmitz, Intact Insurance Specialty Solutions

The recent events in Ferguson, Missouri and other locations have brought to the forefront issues related to the militarization of local police departments. In Ferguson, police appeared in full raid/riot gear to break-up legal demonstrations and assembly using tear gas against the public and arresting two members of the media for filming the incidents. What potential liability does the city have for the actions of the officers and were there constitutional level violations that might result in Section 1983 liability – both as to the members of the public that were tear gassed and to the media? This panel will discuss the potential legal ramifications of the police response as well as other recent “militarized” police actions. Topics of discussion will also include the rising use of noise flash diversionary devices in executing no-knock search warrants as well as actual examples of police shootings, Tasering, and situations resulting in allegations of the use of excessive force. As part of the panel, an analysis from both a legal perspective and insurance representative handling such claims on behalf of the municipality will be discussed.

SESSION 3 - PREMISES LIABILITY - Utilizing Technology to Mitigate Premises Liability Cases

• Speakers:
• Alonzo Johnson, City of North Las Vegas
• Susan Novell, Testan Law
• Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP

In this session, the presenters will lead the participants in a discussion on the best ways to avoid a claim from being made in the first instance. Should there be video surveillance on premises? How often and how should such surveillance be preserved? Should there be written guidelines and internal policies? Once an incident occurs, what steps can be taken to minimize exposure? Should there be a recorded statement, photographs, and incident reports? All of these issues will be thoroughly examined from three different viewpoints: client, third party administrator and counsel.

SESSION 3 - PROFESSIONAL LIABILITY - Decision-making Trees for Optimizing and Streamlining Litigation Management - Professional Lines and EPLI Claims

• Speakers:
• Glenn Fischer, Markel Service, Incorporated
• Rachel Freedman, Sompo International Insurance
• William Mitchell, Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP
• Jason Nelson, Beazley

Litigation management is about obtaining Excellent results without compromising Economy and Efficiency. This presentation provides the participants with knowledge on how to obtain the 3 E’s with decision-making processes and objective check lists. The session will focus on the creation of resolution strategies as well as identifying red flag issues to assist in identifying instances where the litigation may be going off the resolution strategy track.

SESSION 3 - PROFESSIONAL LIABILITY - Managers' Liability

• Speakers:
• Javier Gonzalez, Axis Insurance Services, LLC
• Rinat B. Klier Erlich, Zelms Erlich & Mack
• Marina Llata, Berkley Professional Liability
• Katherine Tower, Protect Professionals Claims Management

This session will discuss claims against managers (HOA, property managers and ERISA managers), fiduciary claims, the changing landscape of duty of prudence and related coverage (D&O, EPL and E&O) that would be triggered in manager claims.

SESSION 3 - RISK MANAGEMENT - Risk Management and Metrics that Matter

• Speakers:
• Ebru Craft, My Risk Mgr
• Bennett Heller, Wilson Elser
• Eric Spalsbury, Stanley Steemer International, Inc.

Implementing innovative performance metrics and standards to effectively manage TPA, Defense Counsel and Insurance Company relationships.

SESSION 3 - TECHNOLOGY - Tales from the Cyber-Liability Frontlines

• Speakers:
• Joshua Ladeau, Allied World Assurance Company, Ltd.
• Stuart Panensky, Pierson Ferdinand LLP
• John Spiehs, Swiss Re

This presentation will provide an inside-look at real-life examples of data-breach and other cyber occurrences. Through discussions, we will explore the nature of various cyber-risks. We will consider the advice given to policyholders and clients regarding potential cyber exposure and strategy upon notice of an occurrence. We will convey lessons learned and best practices for future cyber risk evaluation and handling. Finally, we will discuss trends and predictions of future issues as the industry around cyber continues to expand.

SESSION 3 - TRANSPORTATION - The First 48 Hours: Critical Steps to Achieving a Favorable Outcome in a Catastrophic Motor Vehicle Loss

• Speakers:
• Ashley (Al) Dunn, SEA, Ltd.
• Robert Kalmey, Custard Insurance Adjusters Inc.
• Matthew Stone, Stone Kalfus LLP
• Tamara Warn, Superior Risk Management

Based on decades of experience and real-life successes (and failures), the panel will discuss how the insurer/self-insured, independent adjuster, expert, and outside counsel mobilize and interact as a Rapid Response Team upon receiving the first notice of loss. The panel will explore methods and strategies for quickly finding, collecting, and preserving key evidence; making an early assessment of liability and exposure; and developing a path to a favorable outcome – whether it’s an empathic approach to foster early settlement of a clear liability claim or marshaling the evidence required to successfully defend a no liability claim.

SESSION 4 - BAD FAITH - Institutional Bad Faith: Are You Insulated?

• Speakers:
• Bradley Aiken, McDowell Hetherington, LLP
• James Davis, Self Employed
• Melissa White, Self Employed
• Kelly Wilcove, Assurant
• Michelle Wilkerson, Direct Energy

This presentation will share strategies crafted to reduce corporate exposure to and increase the predictability of the costs and outcomes associated with institutional bad faith litigation, including (1) pre-litigation posturing, (2) procedural safeguards, (3) techniques to reduce discovery costs, and (4) litigation strategies.

SESSION 4 - CLAIMS MANAGEMENT - Effectively Using Examinations Under Oath in Claims Investigations

• Speakers:
• Phaidra Garcia, McDowell Shaw & Garcia
• Nancieanne Hopkins, Mercury Insurance Group

The right of examination under oath is likely the most important right provided to an insurer investigating a claim. This session aims to educate on the practical and strategic nuances surrounding examinations under oath in a variety of claim contexts. The presentation will assist attendees in determining when and how to conduct examinations under oath, and it will explore the legal and logistical issues insurers face in relying on examinations under oath when making claim decisions.

SESSION 4 - CLAIMS MANAGEMENT - Secrets Behind the Curtain - Tips for Carriers, Insureds and Attorneys

• Speakers:
• Edgar Poe, Pullin, Fowler, Flanagan, Brown & Poe, PLLC
• Dalton Soster, AgWorkers Mutual Auto Insurance
• Angela Taylor, Cipriani & Werner, PC
• Lauren Watstein, Berkley Environmental

Law firms are constantly being measured for compliance with litigation management guidelines, billing practices, cost of services, cost of indemnity, and timeliness of service. These audits can occur remotely, as a request for a self-audit by the firm, or on-site. This session proposes to address how law firms can adopt a proactive response to all three types of audits and integrate that response into litigation management practices, billing procedures and the maintenance of important law firm metrics to improve audit results as well as law firm and insurance company relationships.

SESSION 4 - CLAIMS MANAGEMENT - Xenophobia - Getting over Fear of International Litigation

• Speakers:
• Marcus F. Daly, Marcus F Daly SC
• Victor Hertz, Legal Language Services
• Tienneke Petit, BNP Paribas
• Timothy Waldeck, Self Employed

Continuing growth in development of the world economy inevitably leads to international litigation. This session will identify the existing and emerging issues in international litigation, including developments in employment law, healthcare insurance, pension laws, intellectual property issues, products liability, tax implications, subrogation, the effects of inversion, and insurance and risk related issues. It will also discuss the application of U.S. or foreign laws, identification of the issues facing insurers and risk managers in international litigation, and the ramifications of those issues.

SESSION 4 - ENVIRONMENTAL - Transportation of Hazardous Commodities Throughout a Supply Chain

• Speakers:
• Christopher Alviggi, NFP Corp.
• Matthew Taylor, Navigators, A Brand of The Hartford
• Campbell E. Wallace, Frilot, LLC

Incidents involving chemicals and hazardous substances in transit may bring significant liabilities for cargo owners, manufacturers, shippers and purchasers who export these items. In many instances these liabilities are not fully understood.

SESSION 4 - ETHICS - The Cumis Conundrum

• Speakers:
• Kathleen Bragg-Pebley, Higginbotham Insurance Agency
• David Datny, Lewis Brisbois Bisgaard & Smith, LLP
• Peter Loughlin, Assurant
• Raymond Tittmann, TittmannWeix

Think you know everything you need about Cumis? Think again. What you’re missing is scarier than what you are not. This session includes a combination of clients, coverage counsel, and defense counsel to discuss the often-missed issues surrounding conflicts of interest and independent counsel.

SESSION 4 - INSURANCE BAD FAITH - Non-Conforming Coverage: Remedies, Defenses & Extra- Contractual Considerations

• Speakers:
• Carrie L. Ciliberto, Self Employed
• Ted Colquett, Colquett Law, LLC
• Glenn Dienstag, Aon
• Jarret Lewis, The Hartford
• David M. O'Connor, O'Connor & Associates, LLC

The ISO CGL 2013 edition “additional insured" and "insured contract" amendments—and other carrier-specific endorsements-- leave many contracting parties in breach of indemnity and insurance procurement requirements. This session will outline the remedies available to upstream policyholders (and their carriers) whose subcontractors or vendors fail to procure the required insurance, as well as examine the consequences for carrier claim handling.

SESSION 4 - INSURANCE BAD FAITH - To Split or Not to Split: Logistical and Ethical Issues of Splitting the Claims and Coverage Files in Traditional Coverage and Bad Faith Situations

• Speakers:
• Michael Hoffer, Self Employed
• John Middleton, Fred Loya Insurance
• Barry Vogt, Self Employed
• Stacey Widlansky, Allied World Assurance Company, Ltd.

This session will address current issues related to the decision of when and how to split the claims and coverage file with a focus on the effect of bad faith allegations on this decision. The presenters will cover issues such as emerging court decisions on file splitting, when to assign coverage counsel, the effect of file splitting on future claims of privilege, and how to handle the file once it is split.

SESSION 4 - INSURANCE FRAUD - Insurance Fraud 2020 - New and Interesting Ways to Stay Ahead of the Fraudsters

• Speakers:
• Cynthia Bernstiel, Self Employed
• Daniel Jaeger, Chubb
• Robert A. Luskin, Chartwell Law Offices
• Mary Sadousky, MetLife, Inc.

What is the Fraud Landscape going to look like in 2020? Will we have driverless cars and drones everywhere? How will that lead to insurance fraud, and how can we be prepared to combat it? What technical advances will be available for investigations and how will the law handle these changes? Is the answer, my friend, blowing in “the cloud”? Topics pertaining to the new and expected areas of fraud and investigation will be discussed with exciting and informative videos to illustrate new methods and issues such as driverless cars and the use of drones by fraudsters and investigators. Additional discussion on the use of Voice Stress Analyzers, Advancements in Black Box technology, and the next wave in medical fraud will be addressed. An insightful discussion on how the courts, and legislatures will deal with the changing techniques and privacy issues will engage all attendees.

SESSION 4 - LITIGATION MANAGEMENT - A Claims Handler Guide to Navigating the Post “Tort Reform” Scorched Earth Backlash

• Speakers:
• Brian Bornstein, AIG
• Debbie Champion, Rynearson Suess Schnurbusch & Champion
• JoAnn Goff, Self Employed
• Frances O'Meara, Wood Smith Henning & Berman LLP
• Michael Stevens, Martin & Seibert, LC

Your success as a risk, claims or litigation manager depends on how well you anticipate and maneuver around unexpected changes in the legal environment. This session will analyze the actions of administrative agencies who impose difficult interface requirements, coupled with prohibitive fines, for imperfect submissions. The group will also examine judicial attempts to utilize the imposition of sanctions to substitute for adjudication on the merits. Participants will explore how these problems are being handled throughout the industry to encourage an exchange of ideas for “best practices” in facing and resolving these significant challenges to claims.

SESSION 4 - LITIGATION MANAGEMENT - Expedited/Summary Jury Trials - Are They Good for Carriers, Clients, and the Court?

• Speakers:
• Elizabeth Ganiere, McDermott
• Felicia McDonnell, HUB International
• Robert Palmer, Robert C. Palmer III LLC
• Mary Sharp, Griffith Freeman Liipfert, LLC

There is a widespread perception that civil jury trials are too complex, too expensive and too lengthy. In some ways this is true. Our session will discuss the benefits to an expedited trial, the hurdles involved in conducting such a trial, and a "how to" on setting one up.

SESSION 4 - LITIGATION MANAGEMENT - Punitive & Extra-Contractual Damages on the Frontier

• Speakers:
• Jeanette Bourey, Markel Service, Incorporated
• Steven McMannon, CNA Insurance
• Suzanne Meintzer, Self Employed
• Amy Neathery, Pierce Couch Hendrickson Baysinger & Green, LLP

This session will address the following trends within the frontier known as the Tenth Circuit and how these trends bleed into other jurisdictions. Among these trends are: The significant increase in extra-contractual remedies available to plaintiffs by statute and case law precedent; Common targets of punitive damages claims; and How the Courts view attorney client and work product privilege claims and other objections to this type of discovery. This session will also address steps that can be taken to avoid these pitfalls and mitigate their impact when they do develop.

SESSION 4 - LITIGATION MANAGEMENT - The New Normal- The Future of Best Practices For Counsel and Claims

• Speakers:
• Michael Brennan, Great American Insurance Group
• Daniel Costello, Costello Ginex & Wideikis, P.C.
• Steven Donnelly, Amerisure Mutual Insurance Company
• Becky Kenyon, Amerisure Mutual Insurance Company
• Simon Keshishian, Red Bull

This session discussion will identify and discuss systematic strategies which are transforming risk management, and claims operations at key companies across the country. It will also give counsel the opportunity to see what is on the horizon, and how they can keep and retain business. Participants will gain insight from real world statistical models from litigation management and counsel. We will discuss key hall marks of this success, and a road map for those looking to dominate the market as risk managers, insurance carriers, and attorneys.

SESSION 4 - MUNICIPAL LAW - You Can't Touch This: Immunity For Public and For Private Insureds

• Speakers:
• Deborah Callahan, WA Schools Risk Management Pool
• Greg Gilliam, Schools of Ohio Risk Sharing Authority (SORSA)
• Mark Landes, Isaac Wiles Burkholder & Teetor LLC
• Craig Pelini, Pelini Campbell & Ricard LLC

Some of the most difficult claims, from sex abuse to catastrophic premises accidents, can be quickly closed without payment because of immunity. Some examples of common immunities that should be considered: charitable and religious organizations; landowners are exempt from liability to recreational users; civil immunity exists in many states for persons assisting in cleanup of hazardous material discharge; and immunity exists in many states for firefighters and fire departments for failure to respond or to respond reasonably for the purpose of extinguishing a fire, and for paramedics and volunteers in providing first aid. This session will discuss these examples as well as several additional immunities which should be considered. .

SESSION 4 - PREMISES LIABILITY - Personal Drones and Quadcopters: Useful for Business, Fun as a Hobby, or Liability Magnet?

• Speakers:
• Phinorice Boldin, Fineman Krekstein & Harris PC
• J. Thaddeus Eckenrode, Eckenrode-Maupin
• Marlo Edwards, Argo Group US
• Caryn Siebert, Gallagher Bassett Services, Inc.

Personal “drones” and quadcopters are growing in popularity, as both a hobby and for commercial use – even in claims investigations for their benefit in securing aerial photographs. But what are the potential liabilities arising from their use? This session will focus on discussions involving: personal injuries caused by hitting someone on the ground, property damage when they fly into something, and potential invasion of privacy or emotional distress claims. This session will also discuss potential coverage of these claims under the personal homeowners’ or business insurance policies.

SESSION 4 - PROFESSIONAL LIABILITY - Trends in Attempts to Expand the Liability of Architects and Engineers

• Speakers:
• Melanie Brown, Munich Re Specialty Insurance
• Janet R. Davis, Cozen O’Connor
• Donna Hunt, Ironshore Insurance Company
• Michael Kashtan, Fort Capital Management

Maybe owners' attorneys have just had a lucky year or two but several disturbing cases have clearly stretched the boundaries of liability for design professionals. Can an architect really be liable for failing to specify a building material which she DID specify but was rejected by the developer? Can an engineer really have fiduciary liability to a municipality when a project fails due to delays and cost overruns? Can an engineer be subject to sanctions from the SEC if he advised a municipality on the feasibility of a project including financing? Can design professionals be individually liable when they act within the scope of their employment and don't seal drawings? Are these scary situations trends or outliers? This session will discuss these questions and more potential trends.

SESSION 4 - RISK MGMT - Contract Review from the Risk Manager's Perspective

• Speakers:
• Bob Bowman, The Wendy's Company
• David Goodwin, Covington & Burling LLP
• John Shelonko, Self Employed

Contract review is a major responsibility for most risk managers. This presentation will focus on the challenges we have as risk managers and corporate counsel to ensure that there is the right balance between risk retention and risk transfer in order to facilitate the needs of our company. Contract wording for indemnity and insurance sections will be discussed and case studies will be used to highlight the implications of what we include or exclude in those sections.

SESSION 4 - TECHNOLOGY - Reducing Insureds' Data-Breach Risks and Damages

• Speakers:
• Daniel Hecht, Sompo International Insurance
• Hillard Sterling, Self Employed
• Dan Twersky, Willis Towers Watson
• Doug Worth, Willis Towers Watson

Cyber policies are multiplying, as are data breaches and incidents. There has been substantial attention on remediation during and after a data breach and incident, yet precious little focus on damages prevention or minimization. This session focuses on developing and implementing a loss-prevention assessment and program so that insureds implement practical measures to reduce the potential damages and costs in connection with their risks.

SESSION 4 - WORK COMP - The Dream Team Approach to Workers’ Compensation Case and Litigation Management

• Speakers:
• Todd DeStefano, ESIS
• Curtis Kochman, Ascinsure
• Michele Punturi, Marshall Dennehey
• Richard Sumner, Ulta Beauty

For successful case and litigation management in workers’ compensation, all the players, including the employer, broker, claims adjuster and defense attorney, need to be working from the same playbook. With a team approach, everyone knows his or her role and communicates to each other team member clearly for the common goal of limiting exposure, reducing costs, and closing claims. But who defines the rules of the game and who are the star team members? What are their roles and how should they best interact to benefit the ultimate goal? This presentation l will provide a current outlook on balancing the interests of the employer, broker, claims adjuster and defense counsel. The audience will be able to recognize the issues and challenges that can arise among the team members, and gain an understanding of the value and real cost savings of a positive relationship among the members of the team. Audience members will learn how to create a more effective team approach and provide a winning outcome toward achieving the claim and litigation management goals.

PREMIER PANEL 2 - The Technology Revolution

• Speakers:
• Thomas Dunbar, AXA XL
• Guy Fraker, Insurance Thought Leadership
• Denise Garth, Majesco
• Dawn Mortimer, Guidewire Software

We're living in a time of rapid technological innovation. Changes just keep coming — new technologies, the mash-up of technologies, new uses for these technologies, new competition, and changing customer behaviors and expectations that demand new products and services. As an industry, we must rethink how we respond to and embrace innovation and new technologies. This session will take a a look both an inside and outside the industry at the disruption, transformation, change and use of new and emerging technologies such as the Internet of Things, Big Data, Cloud, Drones, Gamification, 3D printing, wearable devices and many more technologies reshaping the insurance industry.  
 

SESSION 5 - CLAIMS MANAGEMENT - Tenders involving Foreign Manufacturers and their Insurers

• Speakers:
• Anthony Cempel, West Bend Mutual Insurance Company
• Eugene LaFlamme, McCoy Leavitt Laskey LLC
• Christopher Trible, McGuireWoods LLP
• Harry Veldhuis, Berkley Medical Management Solutions, A Berkley Company

This session will discuss risk transfer and how to serve and obtain jurisdiction on foreign manufacturers and their Insurers when seeking defense and indemnity.

SESSION 5 - CONSTRUCTION - Avoiding Deposition Nightmares and Resulting Trial Disasters in High Profile Construction Litigation Cases

• Speakers:
• Allen Hurkin-Torres, JAMS
• Michael Saltman, Resolute Systems, LLC.
• John Sparling, Cullen and Dykman, LLP
• Robert Yeadon, Turner Construction Company

This session focuses on the top ten difficult deposition issues typically encountered utilizing case examples, including those involving witnesses, documents, privilege and investigations, suggested resolution and preparation techniques to avoid a bad result. This session guarantees that participants will be more knowledgeable on the precise preparation needed to have a good outcome and avoid the potential disasters that can occur at deposition and, as a result, at trial.

SESSION 5 - ENVIRONMENTAL AND TOXIC TORT - An Update On Relevant Environmental Issues From A Legal, Insurance & Technical Perspective

• Speakers:
• Jad Davis, KutakRock LLP
• Michael Nelson, Nelson Forensics
• Carol Threlkeld, Great American Insurance Group

This session is a discussion of the development of significant environmental issues in 2014 from the perspectives of an environmental lawyer, insurance broker, and environmental engineer. The environmental developments include the following topics: (1) CERCLA update, specifically: 2014 US Supreme Court decisions and Circuit Court opinions; (2) US EPA proposed new regulations; and (3) developments in various states, including: California’s new Maximum Contaminate Levels (MCLs), AB 440, Green Chemistry Initiative, and Proposition 65 amendments.

SESSION 5 - INSURANCE BAD FAITH - Avoiding Extra-Contractual Exposure: When Does the Duty to Negotiate Arise?

• Speakers:
• Christopher Carucci, Gallagher Bassett Services, Inc.
• Sonia Odarczenko, AmTrust Group
• Neil Selman, Selman Leichenger Edson Hsu Newman and Moore LLP
• Nelson Tavares, W.R. Berkley Corporation
• Harrison Yoss, Thompson, Coe, Cousins & Irons LLP

Failure to settle a case within policy limits can have catastrophic effects for the insured and the insurer, and recent cases have significantly changed the landscape concerning the duty to settle. The old rule that an insurer only had a duty to respond to a settlement demand within limits is being overhauled by courts that have concluded that "a claimant's interest in settlement" is enough to trigger a duty while others now seem to require the carrier initiate settlement discussions when necessary to protect the insured, even without a demand. The session will discuss these changes and discuss the best strategies for avoiding situations where a failure to properly respond to settlement opportunities can lead to extra-contractual exposure. Topics will include how to identify when a duty to discuss settlement arises; how best to communicate with the insured and the claimants; the role of the claims person and the role of defense counsel; and how claims professionals should respond to such situations, both internally and with other stakeholders.

SESSION 5 - INSURANCE BAD FAITH - When Liability and Coverage Issues Collide: When, Why and How to Split the File

• Speakers:
• Claudia Cinardo, Self Employed
• Shari Marko, Self Employed
• Michael Murphy, Self Employed

This session will focus on practical considerations for deciding whether to split the claims/coverage file when there is a coverage issue or an allegation of bad faith including best practices for implementing a "split" once the decision has been made. Topics that will be addressed include spotting potential conflicts early and at every stage in the life of a case; whether an insurer has a duty to split the file; factors to consider in deciding whether to split the file; implementing the decision to split the file including the establishment of a firewall and a protocol governing communications between liability and coverage professionals; alternatives to file splitting; and, a brief update of the most significant and current case law relating to these issues.

SESSION 5 - LITIGATION MANAGEMENT - Bridging the Cultural Gap in a Global Environment

• Speakers:
• Brian Benoit, Self Employed
• Marie Nolan, McLarens
• Fred Perez, McLarens

Every day, the borders between countries become more permeable, resulting in the need to reach across borders to defend and handle claims and litigation. While there are apparent logistical challenges involved, the challenges in communication between two very different cultures are equally if not more important. This session will feature presenters who will discuss how differences in communication style can hinder effective claims management and in the alternative, what each party needs to know in order to communicate effectively with one another.

SESSION 5 - LITIGATION MANAGEMENT - Customer Dialogues: Understanding Litigation Management Discussions in 2015 and Beyond

• Speakers:
• Scott Bell, Liberty Mutual
• Carolyn C Horton, Costco Wholesale Corp
• Donald Liskov, Liberty Mutual
• Deborah Saunders, Comcast NBCUniversal

Companies, Insurers, Third Party Administrators, and Law Firms are better prepared to review and discuss case outcomes, strategic case handling and the exchange of emerging practices and trends in litigation management. The discussion will be an interactive look at methods and metrics used from the Risk Manager and Insurer/ TPA perspectives, to ensure all are focused on quality, effective outcomes and ultimate value and success.

SESSION 5 - LITIGATION MANAGEMENT - Dealing with Defense Counsel – Mechanisms to Improve that Important Relationship

• Speakers:
• Ron Goldstein, Aon
• Aisling Jumper, Fair American Insurance and Reinsurance Company
• Elizabeth Lorell, Gordon Rees Scully Mansukhani
• Luigi Spadafora, Winget, Spadafora & Schwartzberg, LLP

This program will review and discuss best practices in dealing with outside defense counsel including: the carrier’s perspective and the law firm’s perspective on what works best and what does not. This session will include detailed discussions/debate on mechanisms to improve relationships by better budgeting, application of litigation management guidelines, billing formats and various mechanisms of auditing with a focus on protecting the attorney/client privilege.

SESSION 5 - LITIGATION MANAGEMENT - Legal Project Management – Planning to Win

• Speakers:
• Carol Arendall, Stericycle, Inc.
• C. Peter Hitson, Carlton Fields
• Karen Painter Randall, Unknown
• Michael Zeoli, IAT Insurance Group

Clients demand predictability in legal expense, consistency in work product, and a lawyer who thinks about legal problems as business problems. We’ll look at how the systematic approach of Legal Project Management (LPM) can help lawyers, clients and carriers each find more litigation success. Beyond some basics about what LPM is and how it’s changing legal service delivery, this session will challenge each participant to build on real world examples as we explore the potential impact of disciplined scoping and planning of litigation assignments.

SESSION 5 - LITIGATION MANAGEMENT - The 2015 CLM National Litigation Management Study - Highlights and Observations

• Speakers:
• Shaheen Javadizadeh, Wolters Kluwer, ELM Solutions
• Joseph Mannion, Chubb
• Hedy Linette Ranieri, Berkley Technology Underwriters
• Taylor Smith, Suite 200 Solutions
• Julianne Splain, Self Employed

The 2015 CLM National Litigation Management Study will commence in November of 2014, this panel will identify key Study observations and trends. Panelists will include members of the Study's Steering Committee. Audience members will gain a greater understanding for industry trends, learn what initiatives industry executives are focused on for 2015, and be able to identify emerging areas of value and importance to their colleagues and customers.

SESSION 5 - PRODUCT LIABILITY - A Look into the Future in Life Sciences Litigation

• Speakers:
• Carolyn Taylor, Clark Hill LLC
• Sonia M. Valdes, Medmarc Ins. Group
• Karen Woodward, Sedgwick, LLP

Litigation involving food, pharmaceuticals and medical devices continues to be a lucrative practice area for the plaintiffs’ bar. Predicting the next wave of these high value, high cost actions is essential to defense efforts to curtail and defeat them. This session will provide insights into litigation on the horizon, including products that will be in plaintiffs’ sights for years to come, amazing developments and possible litigation pitfalls in additive manufacturing and products utilizing augmented reality applications, as well as actions involving state and local governmental entities directly targeting drug manufacturers and distributors for alleged illegal marketing practices.

SESSION 5 - PROFESSIONAL LIABILITY - Effective Management of Employment Practices Litigation (EPL) Claims

• Speakers:
• Kevin Fisher, Allied World Assurance Company, Ltd.
• Crystal Ivy, AmTrust Group
• Michael Saucier, Libby, O'Brien, Kingsley & Champion LLC
• Stefani Schwartz, Self Employed
• Patrick White, Kershaw White

This session will examine current issues in employment practices litigation. It will focus on best practices when faced with challenging claims involving a combination of hot button topics including accommodating mental and cognitive disabilities, discrimination in the aging work force, retaliation and harassment. The session will also cover pre and post lawsuit claims handling and evaluation, available defenses, and recent developments in the law.

SESSION 5 - RISK MANAGEMENT - New Thinking in Risk Management: The Power of Integration and Collaboration”

• Speakers:
• Chris Mandel, Self Employed
• William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.
• Pamela R. Webster, Advance Auto Parts

This session will call upon the participants to critically examine conventional models for risk management and human resources and their respective programs for addressing employee benefits. Historically, benefits programs have been managed through human resources and risk management issues have been handled by risk management in separate and discreet worlds. Rarely do the two communicate and there is very little coordination among the siloed functions of these inter-connected areas. Program efficiencies and cost savings result when the two functions are integrated to address employee illness and injuries, which require treatment, regardless of whether they are work-related. Technology, services, and healthcare advancements available today allow improved employee outcomes and cost savings for those who implement an integrated program. This session will discuss best practices for developing an integrated approach to meet the needs of these two related areas in the efficient and effective delivery of benefits and for designing programs for use in an existing siloed management structure. The session will share examples of how integrated programs produce improved outcomes for the employee with medical recovery and return to work, along with increased efficiency and cost savings for the employer.

SESSION 5 - TECHNOLOGY - Cyber Liability: Are We Keeping Up?

• Speakers:
• Ronald Morrison, Great American Insurance Group
• Shane Riedman, Verisk
• Matthew J. Smith, Coalition Against Insurance Fraud
• Daniel Thenell, The Thenell Law Group

We are in a new world of insurance claims and exposure. From large retailers having security breaches to whether a standard homeowner’s policy covers loss of bit coins, these are all unanswered questions facing insurers. This session will explore the emerging world of cyber liability claims from the standpoint of risk exposure, claim adjustment, coverage analysis and even the potential for cyber fraud.

SESSION 5 - WORKERS' COMPENSATION & GENERAL LIABILITY - What the Movies Can Teach You About Defending General Liability & Workers' Compensation Claims

• Speakers:
• Sean Downing, Steward Health Care System, LLC
• Rich Lenkov, Downey & Lenkov LLC
• Natalie Troilo, Dick's Sporting Goods, Inc.
• Alexander Van Doren , Argo Group US

Defending general liability and workers’ compensation claims is a tough business. Doing so is getting more expensive and exposure on the more serious and older cases can be enormous. This does not mean, however, that you cannot learn a lot about defending workers’ compensation and general liability claims in a humorous and interesting way. This session will show you that you can learn some incredibly helpful techniques in claims simply from watching popular Hollywood movies.