Gregory Reed

Medical Damages in Bodily Injury Claims

Gregory Reed, JD, Shareholder, Simon, Reed & Salazar, P.A.

Attendees will gain detailed information and perspectives on specific, core issues that routinely and significantly impact the medical damages aspect of BI claims. This will assist professionals, in both pre-suit and post-litigation contexts, in evaluating and, as applicable, defending that aspect of these claims. Attendees’ experience participating in this session will be broadly broken into two areas – medical causation and economic medical damages.Specifically, attendees will identify things to look for/ways of considering or looking for in the first place, positive versus negative facts on medical causation for claimed injuries. This will include broadening horizons as to things that may be beyond the most obvious of positives (existence of prior injuries claimed area[s]) on causation.

Attendees will also examine the contours of particular, more detailed “causation problem” fact patterns, i.e. how to think of and/or deal with a case without any obvious positive fact on causation, and the means of effectively evaluating/arguing a case on causation grounds when in reality the available argument is that “there was/is nothing wrong with the claimant” (so they are treating for money or allowing doctors to do their thing).

Attendees will next analyze the framework for determining (and therefore including evaluating a claim ahead of time) the real measure of likely-admissible claimed economic medical damages, past and future. This will include a comparative survey of some representative/significant jurisdictions’ applicable framework for past medicals, in light of Florida’s March 2023 comprehensive tort reform statute.

As to claimed future medical damages, one focus will be on attendees considering means to evaluate and attack “life care plans” and other means by which the claimants’ side attempts to use UNreal numbers.

Geoffrey J. Repo

Third-Party Bad Faith Claims: Emerging Issues

Geoffrey J. Repo, , Partner, Gordon & Rees, LLP
Kevin Willging, JD, Executive Counsel, Travelers Companies

Spot warning signs of bad faith exposure in third-party contexts

Review emerging bad faith issues and trends in the third-party claims

Identify warning signs of bad faith "set-ups" by third-party claimants and develop responsive action plans

Mike Rimoldi

Building Code: A Critical Look

Joey Lang, Chief Operating Officer, Cat Claims Unlimited
Mike Rimoldi, MPA, CBO, CFM, Senior Project Manager, J.S. Held LLC

Interpret building codes to apply to various claims

Determine which questions to ask when dealing with building code supplements

Describe how the FEMA 50% Rule and the Roofing 25% Rule work

Determine which building code book and new construction codes apply to a structure and how they interact

Andy Rock

Mediation Techniques & Strategies that Work

Michael Pritchett, AIC, Sr. Claims Specialist, Cypress Group Holdings, Inc.
Andy Rock, JD, Partner, The Rock Law Group, P.A.

Describe optimal strategies to employ when preparing for a mediation

Identify qualities that contribute to a successful mediation

Demonstrate persuasive presentation techniques to enhance negotiation leverage

Evaluate steps to take to conclude mediation with enforceable settlements

Robin Roeder

Accidents: Immediate Steps in the First 48 Hours

Allyson C. Byrd, JD, Member, McGlinchey Stafford
Robin Roeder, SVP-Risk Management, Sedgwick

...implement polices and guidelines to mitigate costs and exposure in litigation, as well as effectively respond to incidents.

...communicate protocols to their employees on responding to incidents.

...understand why the recommended investigative tactics are helpful to your company.

...consider legal ramifications of a thorough, proper investigation.

Donald Rondy

Large Multifamily Structural Water Losses

Robert Granquist, Jr., AIC, Executive General Adjuster, Gallagher Bassett Tech. Svcs.
Alex Mavrelis, IH & IEQ Practice Director, Gallagher Bassett Tech. Svcs.
Donald Rondy, Senior Project Professional, Gallagher Bassett Tech. Svcs.

Understanding the Stages of the Assessment and Restoration Process – discussion of the roles of the various parties, avoiding conflicts of interest, and the terms and conditions of water losses

Restoration Project Oversight and Clearance Inspections – driving the restoration process through rapid response, repeated assessments and mapping, area by area clearance, and cooperation between consultants and contractors in order to reduce overall project costs

Water Loss Project Documentation – compiling the moisture mapping, field and photographic documentation, dates and timelines, testing results, and clearance criteria into a single deliverable

Craig D. Roswell

Emerging Issues in Property Coverage: Digital Assets

Jay A. Johnston, JD, Executive Counsel, Travelers Companies
Craig D. Roswell, Esq., Managing Partner, Niles, Barton & Wilmer, LLP

Describe the underwriting challenges with digital assets, such as virtual currency and non-fungible tokens, and the underwriting appetite for digital asset exposures

Evaluate existing policy wording as it relates to digital assets, such as virtual currency and NFTs

Review recent case law applying existing policy wording to digital assets, such as virtual currency an NFTs

Identify challenges in applying existing wording to digital assets and understand industry attempts to address such property and exposures

Kingshuk K. Roy

Premises Security & Third-Party Criminal Acts

Kingshuk K. Roy, JD, Partner, Freeman Mathis & Gary, LLP

List the elements of a negligent security claim

Identify some of the common legal issues presented by these claims such as questions about foreseeability

Develop a plan to investigate these types of claims including what documents to obtain, witnesses to interview, and experts to retain

Describe potential coverage and risk transfer issues related to these claims

Michael T. Ryan

Homeowners' Claims: Sticky Issues Facing Adjusters

Paul Kilmer, CPCU, AIC, Retired, EMC Insurance Companies
Michael T. Ryan, JD, Partner, Merry, Farnen & Ryan, P.C.

Understanding residency and its impact upon coverage

Determining the scope of worldwide contents coverage

Determining when appraisal is appropriate

Determining what constitutes an "other structure"