What do they need to prove? Deconstruction Services - Help dismantle and salvage donated building materials from homes, remove everything from kitchen cabinets to light fixtures in an effort to conserve and upcycle. Equally as important is defending against these claims. This session will unlock the secrets to effective risk transfer in jurisdictions such as California, Arizona, Texas, and Florida. As the economy has globalized, so has litigation. Taking Medicare's Future Interests into Account, Target Claims Litigation Challenges with Artificial Intelligence, This Call Is Being Recorded (Without Your Knowledge): Telemedicine's Liability, Privacy, and Cyber Coverage Concerns, Upping the Game: Taking Metrics To the Next Level, When Generations Collide: Evolving Ethical and Harassment Issues in the Modern Workplace, A Force for Change: How Clients Can Leverage Their Buying Power to Support Diversity and Inclusion, A Heavy (and Expensive) Burden: Managing Data in the Age of Data Privacy Legislation, All's Well That Ends Well: Navigating Conflict Resolution. If there was one thing 2020 taught us, it's the importance of being creative, flexible, and open to unique ways of getting the job done—and that means having a team that is up to the challenge. COVID-19 brought with it new claims against professionals such as attorneys, agents, and accountants. This discussion will use real life examples to explore ethical solutions to these challenging situations and will be presented through the eyes of defense counsel, coverage counsel, and the insurance carrier. Michael Villalba, Pete Fowler Construction Services, Inc. Marisa Trasatti, Wilson Elser Moskowitz Edelman & Dicker LLP, Jodi Green, Nicolaides Fink Thorpe Michaelides Sullivan LLP. What does that mean for your career and the industry? Does the insurer need to stay deeply involved to ensure a correct outcome? Claims professionals are confronted with these issues throughout the claims process, dealing with claimants individually, counsel and ultimately jurors, all of these elements are severely impactful and need to be considered ab initio and throughout the course of the claim as they will impact the entire thought process as to when and how to settle and the amounts of same, consideration of insureds, public perception, and other elements that may affect the otherwise traditional approach to claims handling and settlement. In a denial, should a national coverage counsel be the only source of coverage analysis if state decisional law is complex and unique? Although many factors drive social inflation, one key item in the plaintiffs’ toolbox is public nuisance. Investigating the veracity of a claim is critical to correct coverage and liability determinations, but it can also lead claims professionals through a minefield of privacy and ethical issues, and potentially civil penalties. Imagine an accident causing damages far in excess of the applicable insurance limit, where multiple insureds are exposed to the liability, and a claimant offers to release some - but not all insureds - in exchange for the payment of the policy limit. 5. This includes investing in safety and training. Get ready to discuss actual and probable claims as well as best practices to mitigate potential exposures. Freight Brokers: Upending Traditional Assumptions, Has the Price of Poker Gone Up? Knowing how to defend against a tender of a defense and indemnity obligation is equally as important as knowing how and when to tender a claim. The newest forms of event data including telematics and infotainment will be discussed along with lesser known, but potentially just as important, other sources of data. Venture over to the Georgia Aquarium to explore its six permanent exhibits showcasing whale sharks, pengiuns, dolphins, and over 500 other species. This session will provide all of the tools that claims professionals need to avoid these situations in litigation and effectively examine the cost versus benefit of a "win" while also learning how to be a more effective member of the litigation team. In turn, we will discuss how – despite nuclear verdicts arising from these claims – insurers are responding to these claims to abate that impact. For these reasons, the legislature in one state (Missouri) recently granted liability insurers the right to intervene under certain circumstances, though the courts have tried to limit that right significantly. The video can then be shown to the driver, who can be prepared for both deposition and trial, as well as any independent witnesses, ensuring a consistent defense theme. While the long term health, social, and economic implications of the virus are difficult to predict, companies large and small have invested heavily in contactless shopping, e-commerce options, and home delivery. Participants will walk away with a deeper understanding of how more robust litigation metrics can improve case evaluations, risk transfer, indemnity, and expense reserves, and how they can inform case strategies, resolution plans, and more. I have been a nurse since 1997. With nuclear verdicts getting larger each year, the importance of the aggressive and coordinated defense is critical. One of the biggest impacts of COVID-19 on claims professionals was the sudden move to remote working situations. Everyone welcome – you do not need to be a current committee member to attend. More and more states and courts are loosening rules related to the discoverability of claims files, which is resulting in previously privileged material being opened for review by plaintiffs' attorneys. The industry has long recognized that physical injuries and disabilities can result in lost workdays and increasing costs but little regard has been given to mental well-being and behavioral health matters. • What happens to higher layer insurers if there is an SIR and no one to satisfy it? There will also be discussion about how the COVID pandemic and lockdowns have affected the image and reputation of the trucking industry. Aussie singles get hitched to spouses who they see for the first time on their wedding day 1. Join this session to explore how to maintain claim ownership while using outside resources. (50 points)The textarea shown to the left is named ta in a form named f1.It contains the top 10,000 passwords in order of frequency of use -- each followed by a comma (except the last one). By combining home-delivered meals with nutrition education, they aim to better inform individuals of their food choices to help improve overall quality of life. With potential Medicare future medical rules for liability, no-fault, and work comp claims likely to be published in 2021, knowing all your options to take Medicare's future interests into consideration is more important than ever. This session will explore, from the claims professional’s perspective, the practical aspects of risk transfer, including shifting risks to other parties and insurers, and practically managing the risks under the claims professional’s own policy. Guidelines and proposals from our various perspectives will be shared. However, the relationship is governed by a complex system of case law, statutory law, contracts, and ethical rules. Avoiding the "Not-It" Syndrome: Keys to Risk Transfer Across Jurisdictions, Benefits of Early Communication After an Adverse Outcome, COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation, Defending a Client with a Big Name or a Bad Reputation Post-COVID-19, Employee Mental Health and Its Impact on Productivity and Performance, Judging What Matters in Today’s Tri-Part Relationship Using KPIs, AI, and Other Emerging Measures in Litigation Management, Keep Your Balance on the Three-Legged Stool: Challenges Facing the Tripartite Relationship, Removing the "Pits" from "Peachy" Cases: Lower Damages by Fighting Life Care Planner Opinions, Social Inflation, Litigation that Follows, and Impact on the Industry, Strategic Use of Data for Weather Events in Property Claims, Tactics to Hit Your Target: Structured Settlements and Plaintiffs Maneuvers, The Human Factors Edge in Reviewing Videos in Liability Cases, Cyber, Management & Professional Liability Community, Retail, Restaurant & Hospitality Community, Caught on Video: Strategies for Defending the Public Employee. Jennifer Hamilton, NAMIC Insurance Company, Inc. Howard Altschule, Forensic Weather Consultants, LLC, Patrick Milone, Claims Administration Corporation. Employers can be held liable for unlawful harassment conduct by just about anyone who comes in contact with employees in the workplace; and in locations beyond the office, including where employees eat lunch, off-premises work locations, and even private events. Use of experts for appraisal or trial. Perspectives are changing regarding what is considered ethical and proper behavior, and the interaction between and among generations in the workplace will determine not only if your business is successful, but also if it becomes ripe for potential claims and litigation. Further, this session will explore the ethical issues outside counsel sometimes face in defending the insured in the context of the tri-partied relationship. What Does Your Vehicle Know That You Don't? The use of structured settlements as a negotiation tool to help settle claims through creative case analysis, planning, and good communication also will be reviewed. 2. Industry experts address these questions and more in this dynamic session designed to make participants think and act. Currently, that is not the case. Start the Annual Conference off right with a pre-Conference spa treatment. Weather data that is useful or not so useful; With the constantly changing environment, attorneys and claims professionals must identify which tactics are available to help them achieve the best possible results. This will be a practical discussion of the type of losses and weather events experienced and the type of issues that arise from them. Join this panel to learn how to be more communicative in order to foster improved teamwork, problem solving, and a reduction in contentious situations. This roundtable will provide an overview of excess fee litigation class action litigation against defined contribution plans and the steps insureds and claims professionals can take to avoid or minimize exposure to same. Discussion will include strategies to work cooperatively with independent counsel, receive proper reporting, and navigate fee disputes. Techniques for Properly Investigating Weather-Related Claims, How Cyber Insurance Is Being Transformed by COVID-19, How Far Have We Come? Learn what data science can and cannot do, and the challenges insurers may face in dealing with regulators, jurors, and consumer advocates in the brave new world ahead. Christopher Del Bove, Callahan & Fusco, LLC. How should the claim handler respond? How should claims professionals address these novel challenges in not only construction-related claims, but also professional liability claims in general? William Oberts, Tribler Orpett & Meyer, P.C. This session is designed to discuss current topics and issues we are seeing with getting claims settled and closed and the growing resistance that may be encountered from plaintiffs' attorneys. In this session, recent developments in states across the nation will be discussed and tips dispensed so that professionals of all levels and disciplines will know how to up their game to remain compliant, no matter if they are an insurer, third-party administrator, or outside counsel. This roundtable discussion among environmental industry professionals will address the exponential growth of mold claims as well as coverage issues arising under the current era of pollution liability insurance policies as potentially influenced by, or overlapping with, commercial general liability policies and property insurance. A minority of jurisdictions provide that the insured is defense counsel’s only client, or the primary client. Yet, there is an ongoing tension between the limited role that the statutes imagined for brokers (and resulting limited exposure that the law imposed upon them) and the expansive role that brokers assume in today's business environment. Sip and savor the refreshing champagne of the South, otherwise known as Coca-Cola. Together, they will discuss how it is no longer enough to just ask law firms for diversity—it's time to demand it, along with all of the responsibilities and accolades that entails. It will focus on vendor management-based selection of law firms and the metrics involved in decided what, who, and when to use certain law firms. We kick off the first full day of the 2021 Annual Conference with a series of short “Ted-like” talks addressing some of the game-changing factors that will affect our industry for years to come. We'll also evaluate the impact on the insurer both as to its obligation to defend and its obligation to communicate with the insured (and possibly the court) relative to non-covered claims, including the provision of special interrogatories for the jury. Claim professionals in the transportation industry need to be aware of the pitfalls and obstacles so they can better prepare, reserve, investigate, and navigate the unpredictable and often volatile world of trucking litigation. COVID-19 and Its Impact on Claims Against Professionals, Discovery of Foreign Nationals Abroad Mid- and Post-Pandemic, Fire Effects and Fire Patterns: Impacts in a Subrogation Investigation, Instagram THIS! An understanding of how the information is utilized by the engineer and how it can be accepted by the courts will be reviewed using actual case examples. Who is entitled to the policy proceeds and when? A host of devastating vulnerabilities and cyberthreats soon came with it, though, as new entry points for hacking became available. To the contrary, mental illnesses and behavioral disorders have frequently gone undetected or under-reported largely due to the social stigma placed on such conditions or limited access to mental health resources. Arm yourself with the skills needed to decrease risk, find weak spots, and counter over-reaching plaintiffs so you can de-fang these so-called experts to ensure more reasonable settlements in large personal injury cases. 3 hafta boyunca yağmur dinmemiştir, hava uzun süre sonra açık ve güneşlidir. Also addressed are various steps insurers can take in advance of trial to preserve the coverage defenses and how jurisdictions have differed in their approach to these preservation efforts. But neighborhood stores and strip mall shops have proliferated with the development of e-cigarettes and vaping equipment, as well as stores selling Kratom, a sort of knock off marijuana, since these products are not yet illegal. Robert Lapidow, Overturf McGath & Hull, P.C. We will also cover a recent decision where a jury found the insurer to have acted in bad faith even though it paid the most significant liability of the insured first, which thereby exhausted its coverage, and thus no other claims were covered. Every claims professional should be looking at risk transfer methods and techniques to ensure the proper parties are contributing to both the defense and indemnity in construction-defect actions. Risk transfer is often complicated by the inter-relationship of such contracts and how it can affect who ultimately bears the risk. Are You Prepared for Medicare Mandatory Reporting Civil Money Penalties? Richard Ranieri, Weber Gallagher Simpson Stapleton Fires & Newby LLP, Constance Endelicato, Wood Smith Henning & Berman LLP, Benjamin Haftel, Hoagland, Longo, Moran, Dunst & Doukas LLP. BibleThe Bible is a collection of religious texts or scriptures sacred to Christians, Jews, Samaritans, Rastafari and others. … The Bills, at 9-3, do have a route to do just that this By the end of this session, you will. Resolving High-End Home Construction Litigation, Opioids, COVID-19, and Beyond: How to Abate the Nuisance Driving Social Inflation, So Many Options! An Introspective Look at the Industry's Journey Toward Inclusion, I Built a Monument to Myself and You Ruined It! Joseph P. Menello, Wicker, Smith, O'Hara, McCoy & Ford, P.A. Information must be shared with discretion, with empathy, and with clear intentions so we avoid misleading messages and inference. Christopher Butler, Bowhead Specialty Underwriters, Inc. Michael Brink, Progressive Group of Insurance Companies. Using interactive exercises, presenters will show how an awareness of these biases can ultimately help improve claim outcomes. Also, we will discuss what rights the carrier may have to prevent the assignment of policy benefits to aggressive plaintiffs' attorneys. The discussion will include self-allocations, physician opinions on future costs, professional future medical costs projections, Medicare set asides, and MSA legal opinions. 4. Employee Witnesses: They Are Ours, and We Have to Embrace Them! We might even have a few surprises up our sleeves. As with any revolution, dockless transportation is not without bumps in the road. Hanita Coatings. Artificial Intelligence will not replace humans. This presentation will dispel myths about remote working while also offering strategies for how to navigate the virtual world, especially as it relates to diversity and inclusion efforts when traditional means like in-person meetings, meet and greets, and elevator-speech opportunities are no longer options. Proper risk management requires that employment policies and procedures consider and address the various classifications of legality for marijuana along with the reality that employees are being prescribed medical marijuana by licensed physicians. Whether an insurance company has liability coverage for a lawsuit often will turn on the resolution of certain key facts. However, by utilizing the same factors and legal principles used against them, insurers can employ reverse bad-faith techniques to successfully discover policyholders’ communications with their legal counsel, including counsel’s work product. Some of the topics discussed will be guests and employees wearing controversial messaging on their apparel (including masks), guests sitting inside your store/restaurant but not purchasing anything, non-guests using your restrooms, and violent confrontations between guests. So, how far have we come? Insurance industry leaders will discuss how they evaluate outside counsel and what they look for in selecting and retaining panel counsel. This interactive presentation will focus upon the identification and management of risks associated with the new reality of digital shopping, food deliveries, in-home product assembly, curbside pickup, and other innovations made necessary by the challenges of keeping customers engaged despite suggestions for reduced human contact. The roundtable will discuss ways to build trust with the plaintiffs' counsel, ways to gather the necessary information to get the authority needed to settle the claim, ways to defuse hostile plaintiffs' counsel, and tools to get files closed. The prevalence of social media has forever changed the way in which we litigate. For example, construction projects may be delayed or cancelled entirely due to COVID-19, creating incentives to accept less than desirable projects or enter into bad contracts. Lorraine Merritt, Claims Resource Management, Inc. Edward Currie, Currie Johnson & Myers P.A. What are some of the biggest leadership challenges for those operating in this new environment? Do we run to problems for everyone equally? How courts address coronavirus related lawsuits may have lasting impacts beyond just this pandemic. The current political and social climate is changing and difficult to predict. Racquet rental available onsite. This program will address those rules, the policies underpinning them, and recommendations for handling the situation in jurisdictions that have yet to settle on an approach. In this session, we will explore issues related to dockless e-scooters and e-bikes such as the current regulatory environment, who the stakeholders with potential liability are when an incident occurs, how to properly investigate and document a claim involving a micro-mobility device. Shouldn’t insurers have the same rights as plaintiffs to discover the same type of information from the plaintiff-policyholder when the policyholder or their counsel commits acts of bad faith during the claims process? It will also assist claims professionals in speaking with their underwriters about the risks defined contribution plans face and the questions they can ask in the underwriting process of such risks. One of many unfortunate results of the COVID-19 pandemic is a rise in bankruptcy filings. Elsewhere, self-driving trucks and buses are already being deployed in limited roles today, and self-piloting watercraft and aerial drones are likewise under test, particularly for delivery of products to consumers. Enjoy a shotgun scramble at TPC Sugarloaf, a 27-hole golf club located within Sugarloaf Country Club. 1. In this session, attendees will learn the value in the proper capturing, validation, and preservation of social media content. This session will address elements of proper planning to ensure businesses are prepared to weather and recover from virtually any storm. You're guaranteed to leave with a better understanding of how to use new tools in investigating and determining liability. Jennifer Wojciechowski, Community Association Underwriters of America, Inc. William "Chip" D'Angelo, Gallagher Bassett Services, Inc. Thomas Duggan, Ironshore Insurance Company, Brian Margolies, Kaufman Borgeest & Ryan LLP, Ronald Morrison, Great American Insurance Group. 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