Cannabis: Coverage Principles & Case Reviews

Curriculum: Underwriting and Claims

Monday, March 20 — 10:30 - 12:00
Tuesday, March 21 — 1:30 - 3:00

Michele A. Chapnick, JD, Shareholder, Gregory, Meyer & Chapnick, PC, Troy, MI
Rebecca Clark, CPCU, ARe, AU, AINS, Dir.-P&C Underwriting Services, American National P&C Group, Albany, NY

• Describe the background, legal status and emerging issues with marijuana, CBD, and hemp
• Explore underwriting issues associated with marijuana, CBD, and hemp
• Identify emerging property coverage issues
• Analyze unique issues in recent first-party insurance case law involving marijuana, CBD, and hemp

Casualty Case Law Update

Curriculum: Casualty Campus

Tuesday, March 21 — 8:00 - 9:30
Wednesday, March 22 — 3:30 - 5:00

Paul Graf, President, Roanoke Valley Claims, Roanoke, VA
W. Lane Neilson, JD, Partner, Neilson & Associates, P.A., Orlando, FL

• Identify current casualty claim law trends across the nation
• Evaluate current issues and improve your ability to forecast court decisions
• Analyze third-party liability factual scenarios

CAT Planning & Response to Catastrophes

Curriculum: Catastrophe

Tuesday, March 21 — 8:00 - 9:30
Wednesday, March 22 — 1:30 - 3:00

Sean McClung, CPCU, AIC, AINS, Director-Catastrophe Claims, Citizens Property Insurance, Jacksonville, FL
Kevin McKinnis, Catastrophe Team Manager, Auto Club Enterprises Group, Coppell, TX
Matthew Modica, Claims Service Representative, Auto Club Enterprises Group, Coppell, TX

• Prepare for the event with pre-season meetings to identify the resources and protocols needed to respond
• Perform initial reconnaissance of the damaged area to evaluate severity and determine how best to deploy your resources
• Improve your response by conducting ongoing evaluations and post-mortem sessions to improve the planning and response process
• Evaluate technology and resources available that may give you an advantage with the catastrophe and weather response

Catastrophe & Contents

Curriculum: Catastrophe

Monday, March 20 — 3:30 - 5:00
Wednesday, March 22 — 10:30 - 12:00

Jason Allen, CAT Regional Claims Manager, Auto Club Group, Dearborn, MI
Paul Cousineau, VP Sales, CRDN, Huntington Woods, MI

• Describe the difference between perceived values and objective values when adjusting contents claims as it relates to catastrophes
• State how Contents Claim bundling can be an effective technique to resolve a contents claim as it relates to catastrophe adjusting
• Explain the importance of relationships between the claim participants
• Assess technology usage when adjusting content losses

Category 3 Water: Issues, Remediation & Exposure

Curriculum: Adjusting Property

Tuesday, March 21 — 1:30 - 3:00
Wednesday, March 22 — 3:30 - 5:00

Jeremy Beagle, CIH, CMC, CMCC, Sr. Principal Scientist, Sdii Global Corporation, Tampa, FL
William M. Mitchell, Sr., Esq., Partner, Conroy Simberg, Tampa, FL
Steven Romero, CPCU, AIC, ARM, Large Loss Specialist, ICAT Boulder Claims, Broomfield, CO

• Compare the different categories of water and common issues that occur by improper categorization of water
• Design a good-faith investigation strategy
• Set realistic expectations of costs associated with sampling and testing
• Describe liability concerns of expert, adjusters, and policyholder
• Implement communication strategies addressing good-faith communication techniques and limit liability exposures

CGL Policy & Work Product Coverage Conundrums

Curriculum: Casualty Campus

Tuesday, March 21 — 8:00 - 9:30
Wednesday, March 22 — 1:30 - 3:00

Renee Carnuche, CPCU, SCLA, AIC, AIM, Comm'l Claims/Litigation Mgr., Erie Insurance Group, Erie, PA
Steven E. Peiper, JD, Shareholder, Vice President, Hurwitz & Fine, P.C., Buffalo, NY

• Explore coverage triggers encountered in work product cases
• Identify policy coverage issues including property damage, occurrence, work product exclusion, and exceptions to those exclusions
• Evaluate work product coverage issues and potentially multiple policies/policy periods triggered

Claim Evaluation with Large Deteriorated Properties

Curriculum: Large Property Losses

Monday, March 20 — 10:30 - 12:00
Wednesday, March 22 — 8:30 - 10:00

Diane Barnes-Reynolds, JD, Managing Partner, Tampa Office, Simon, Reed & Salazar, P.A., Tampa, FL
Kenneth R. Gilvary, M.S., P.E., Principal Engineer/Owner, Revision Engineering Inc., Tampa, FL

• Identify the key issues to consider when handling claims regarding a large deteriorated property
• Organize and control large property loss claims while separating sudden damage from ongoing conditions
• Separate multiple causes of loss using appropriate allocation methods
• Evaluate risk and resolve complicated claim disputes on commercial and residential properties

Claims File Materials: Limiting Their Discovery

Curriculum: Casualty Campus

Monday, March 20 — 1:30 - 3:00
Wednesday, March 22 — 8:30 - 10:00

Sarannah McMurtry, SVP, General Counsel, Acceptance Insurance, Nashville, TN
Barbara O'Donnell, JD, Partner, Sulloway & Hollis, PLLC, Boston, MA

• Examine various approaches undertaken by courts to resolve disputes as to the discoverability and admissibility of claim file materials, and to determine whether certain materials may or may not be privileged work product
• Evaluate proactive measures to employ to shield sensitive claim file materials from disclosure to plaintiffs’ counsel
• Describe the limited application of the work product privilege against disclosing claim file material
• Identify potential privilege waiver consequences stemming from the delegation of certain claim investigation obligations to outside counsel

Claims Impact of Autonomous Vehicles & Their Technology

Curriculum: Technology

Monday, March 20 — 1:30 - 3:00
Tuesday, March 21 — 3:30 - 5:00

Susan Brown, SCLA, CSRP, Director, Claims Recovery, Selective Insurance Group, Richmond, VA
Roland S. Keske, JD, B.A., Shareholder, Leahy, Eisenberg & Fraenkel, Chicago, IL
Karen Tucker, AIC AINS CSRP, Associate Manager, Cincinnati Insurance Companies, Fairfield, OH

• Describe the six levels of vehicle autonomy as well as the technology (e.g. hardware, software) that make autonomous driving possible
• Identify the current state of the art (i.e. technology) and the state of the law (i.e. anticipated legal theories and defenses)
• Develop strategies and tactics for defending and/or prosecuting (subrogation) driverless vehicle claims with regard to identifying proper parties, identifying mechanism(s) of loss, and sources of information and evidence

Claims Training is Perfect: Said No One Ever

Curriculum: General Interest

Monday, March 20 — 3:30 - 5:00
Wednesday, March 22 — 8:30 - 10:00

Brandi Laws-McWherter, Training Consultant-P&C, Nationwide Group, Trinity, NC
William Stump, Manager-Learning & Development, Nationwide Group, Delaware, OH

• Evaluate your current onboarding headwinds and tailwinds
• Recognize strategies to make your training more effective
• Apply and evaluate different approaches to increase claims associate confidence

Climate & Insurance: Risk, Preparation & Mitigation

Curriculum: Underwriting and Claims

Monday, March 20 — 1:30 - 3:00
Tuesday, March 21 — 3:30 - 5:00

Steven Bowen, Chief Science Officer, Gallagher Re, Rolling Meadows, IL
John A. Lee, , Coverage Atty, Meteorologist, Chicago, IL

• Define the underlying science behind climate change
• Identify current and potential regional impacts related to climate change
• Explore efforts by the insurance industry to model and prepare for future impacts
• Examine insurance industry risk mitigation effort
• Clarify current legal developments related to climate change

Climate Change & Claims: Preparing for the New Normal

Curriculum: Large Property Losses

Monday, March 20 — 3:30 - 5:00
Tuesday, March 21 — 10:30 - 12:00

Christian T. Fox, CPA, Vice President, Meaden & Moore, Dublin, OH
Michael Puia, AIC-M, AIM, CPCU, Catastrophe Claims Director, State Auto Insurance Companies, Buchtel, OH
Clinton J. Wolbert, JD, Partner, Phelps Dunbar, LLP, Houston, TX

• Evaluate changing weather patterns caused by climate change
• Identify methods to handle unusual catastrophe claims
• Compare forensic projections vs. changing landscape that affect the actual loss sustained of business income and the challenges of the claim
• Describe recent legislation and how it translates to claims and the insurance market

Code Upgrades vs. Pre-Existing Conditions

Curriculum: Adjusting Property

Tuesday, March 21 — 1:30 - 3:00
Wednesday, March 22 — 3:30 - 5:00

Joshua Davis, JD, Partner, Baker Sterchi Cowden & Rice, St. Louis, MO
William Dery, PE, SE, SVP, Chief Technical Engineer, The Vertex Companies, LLC, Cottleville, MO

• Define terms in the policy associated with code upgrade requirements
• Learn the vocabulary from the codes and requisites of upgrade analysis
• Describe scenarios impacting code updates and investigation of prior damages impacting/ adjustment of property damage claims

Commercial Roofing, Damages & Investigations

Curriculum: Adjusting Property

Tuesday, March 21 — 10:30 - 12:00
Wednesday, March 22 — 8:30 - 10:00

Robert Harrell, XCT, Sr. Product Mgr., Ins. Prod., Verisk, Dewey, AZ
Shannon Pierce, PE, National Practice Leader, Lerch Bates, Inc., Eden Prairie, MN

• Identify common types of commercial roofing systems found in the United States and applicable performance considerations
• Outline claim investigation procedures and complexities regarding damages to these roofing systems
• Describe methods for working with contractors and managing varying levels of roof repairs and replacement strategies
• Explain building code considerations when faced with repairs and replacements

Complex Bodily Injury & Wrongful Death Claims

Curriculum: Casualty Campus

Monday, March 20 — 1:30 - 3:00
Wednesday, March 22 — 8:30 - 10:00

David B. Krouk, JD, Partner, Butler Weihmuller Katz Craig, Tampa, FL

• Describe claim investigation techniques for pre- and post-litigation bodily injury and/or wrongful death claims, including proper injury evaluations
• Identify the key investigative materials (video, social media, vital data) and methods to assist in evaluating the case
• Build an effective negotiation strategy based on the merits of the case especially for those with questionable liability but significant damage potential
• Develop resolution strategies

Complex Causation Issues in Disputed Property Claims

Curriculum: Property Coverage

Monday, March 20 — 1:30 - 3:00
Tuesday, March 21 — 3:30 - 5:00

John Eggum, JD, Partner, Foran Glennon, Chicago, IL

• Analyze policy provisions addressing causation, such as anti-concurrent causation provisions and ensuing loss provisions, and trends in how courts have interpreted these provisions
• Evaluate complex causation issues and problems of proof that can impact outcomes in disputed claims
• Identify causation-related coverage determinations, from initial investigation to communicating coverage decisions
• Compare multiple causes, proximate cause, anti-concurrent causation and ensuing/resulting loss causation issues

Computer Fraud, Funds Transfer Fraud & Social Engineering Losses

Curriculum: Adjusting Property

Monday, March 20 — 3:30 - 5:00

Kirsten Ishikawa, CPCU, ARM, AIC, Sr. Property Adjuster II, Liberty Mutual Insurance, Plano, TX
D.M. Studler, MAcc, CPA, CFF, Founding & Managing Member, SDC CPAs, LLC, Aurora, IL

• Describe Commercial Crime Coverages, including the Insuring Agreements related to Computer Fraud and Funds Transfer Fraud
• Correlate Commercial Crime Coverages and claims processes to Computer Fraud and Funds Transfer Fraud
• Survey the newer Cyber Liability Coverages, including the endorsement “Fraudulent Impersonation” also known as Social Engineering
• Assess resources to help respond to computer fraud, funds transfer fraud, and fraudulent impersonation

Confronting the “Reptile Theory”

Curriculum: Casualty Campus

Tuesday, March 21 — 1:30 - 3:00
Monday, March 20 — 1:30 - 3:00

Kenneth Bunn, AIC, VP Claims, Builders Mutual Insurance, Raleigh, NC
JD Keister, JD, Attorney, MGC Insurance Defense, Raleigh, NC

• Examine considerations for litigation
• Analyze the foundations of the Reptile Theory and the teachings of Ball and Keenan
• Compare the various ways plaintiff attorneys are putting the Reptile Theory into action across the country
• Identify how to spot the reptile and manage a claim before suit is filed
• Strategize ways to effectively and efficiently defend against a reptile case during discovery

Consent Judgments: A Guide for Adjusters

Curriculum: Casualty Campus

Monday, March 20 — 3:30 - 4:30
Wednesday, March 22 — 8:30 - 9:30

Farrell J. Miller, Esq., Member, Cozen O'Connor, New York, NY

• Describe the mechanics of the consent judgment process
• Identify conditions that must be satisfied before a policyholder can enter into a consent judgment
• Examine standards courts use to determine whether to enforce a consent judgment against liability insurers
• Develop tools to challenge the enforcement of a consent judgment

Construction Cost Estimates: Fun with Numbers

Curriculum: General Interest

Tuesday, March 21 — 3:30 - 5:00
Wednesday, March 22 — 10:30 - 12:00

Pete Fowler, Chief Quality Officer, Pete Fowler Construction, Henderson, NV
David Heemann, JD, Claims Coverage Counsel, Enumclaw Insurance Group, Enumclaw, WA

• Read and summarize complex construction cost estimates
• Comprehend the basics of estimate analysis
• Define project and labor burden
• Analyze construction cost estimates
• This session is geared to both Casualty and Property adjusters who deal with construction estimates.

Construction Defect Subrogation Challenges

Curriculum: Subrogation

Tuesday, March 21 — 10:30 - 12:00
Wednesday, March 22 — 3:30 - 5:00

David Fisk, JD, Partner, Grotefeld Hoffmann, Dallas, TX

• Identify issues that frequently arise in construction defect subrogation claims
• Describe statutes of repose and limitation applicable to construction defect claims
• Recognize contractual provisions that may impact a subrogation claim
• Assess the viability of a construction defect subrogation claim

Construction Materials & Methods: New Technologies

Curriculum: General Interest

Tuesday, March 21 — 10:30 - 12:00
Wednesday, March 22 — 1:30 - 3:00

Sarah Bishop, Sr. Litigation Specialist, SECURA Insurance Companies, Appleton, WI
Ashley Brown, JD, Member, Ward, Hocker & Thornton, PLLC, Lexington, KY
Terence Kadlec, PE, VP-Engineering & Specialty, MC Consultants, Inc., Carlsbad, CA
Maren Mooney, CCP, CLMP, CRIS, Account Executive, Construction Risk Partners, Fort Lauderdale, FL

• Identify technologies that are emerging in the construction industry
• Assess the impact of construction technology on claims
• Recognize the impact of these new technologies and how to respond
• Develop methods to evaluate claims with these new materials and methods

Contents Claims Adjustments that Sizzle

Curriculum: Adjusting Property

Monday, March 20 — 10:30 - 12:00
Tuesday, March 21 — 8:00 - 9:30

Todd Breton, PMP, Program Manager, Hippo Insurance Services, Austin, TX
Deborah Johnson, President & CEO, Contents Adjuster Team, LLC, St. Louis, MO

• Explore ways to adjust personal property claims from a technical and human needs standpoint
• Evaluate the strengths and weaknesses of traditional personal property adjustments
• Identify the most critical features of contents adjustments
• Describe ways to increase your expertise in handling contents claims
• Explore the differences between customer attention and customer service

Contractual Indemnity & Additional Insureds Liability

Curriculum: Casualty Campus

Monday, March 20 — 10:30 - 12:00
Tuesday, March 21 — 3:30 - 5:00

John Hanlon, AIC, SCLA, Dir.-Complex Claims/Litigation, Kemper Corporation, Charlotte, NC
Dan Kohane, JD, Senior Partner, Hurwitz & Fine, P.C., Buffalo, NY

• Distinguish between an insurer's obligations to those who qualify as additional insureds and those who benefit from contractual indemnity obligations
• Evaluate how tenders of defense and indemnity should be made under both policy and trade agreement
• Describe the protocols to consider when tenders are received under both insurance policy and contracts
• Identify the relevant factors when sending or receiving tenders

Coverage Challenges with Common Property Endorsements

Curriculum: Property Coverage

Monday, March 20 — 10:30 - 12:00
Tuesday, March 21 — 8:00 - 9:30

Anthony Antonellis, JD, Sr. Partner, Sloane and Walsh, LLP, Boston, MA
Richard E. Beaudette, AIC, PCLA, FCLA, Sr. Examiner/Quality Assurance, Liberty Mutual Insurance, Scranton, PA
Amy Mund, MBA, CPCU, Property Claims Manager, Amica Mutual Group, Sugar Land, TX

• Dissect critical provisions contained in common property endorsements, such as sewer and drain backups, mold/fungi, cosmetic damage, and hurricane deductibles, among others
• Evaluate new and emerging commercial and homeowners property endorsements and their implications for established claim adjusting practices
• Identify frequent and unique coverage issues arising from common property endorsements
• Describe recent court rulings impacting the application of common property endorsements