Managing & Mitigating Legal Claim Risk: Social Inflation, Legal Funding, & Decision-Makers

Curriculum: Casualty Campus

State Approved CE Credits:FL NC

Tuesday, March 19 — 8:00 - 9:00
Wednesday, March 20 — 10:30 - 11:30

Patrick Quallich, Counsel, Nationwide Group, Columbus, OH

• Gain an in-depth understanding of what social inflation is and why it’s affecting and important in claims management
• Achieve detailed appreciation and awareness of Third-Party Litigation Funding and its impact on claim handling
• Learn how to identify and effectively combat and mitigate risk in claims handling associated with the proliferation of legal system abuse

Matching: A Guide to the Law & Nuances of Matching

Curriculum: Property Coverage

State Approved CE Credits:DE FL NC OK TX

Tuesday, March 19 — 3:30 - 5:00
Wednesday, March 20 — 3:30 - 5:00

Brendan L. Labbe, JD, Partner, Sloane and Walsh, LLP, Boston, MA
Bob Purcell, CCP, CPRIA, VP-Property Claims Client Mgr., Munich Re US, Princeton, NJ
Bernadine Steines, CPCU, AIC, AINS, Property Claims Supervisor, Amica Mutual Group, Providence, RI

• Apply the principle of matching to questions faced during both day-to-day claims handling and unique, complex claims
• Compare the existence and application of regulations and case law throughout the country
• Navigate differing policy language to understand courts’ findings of coverage, and no coverage, for matching.
• Understand the interplay between policy provisions, case law and regulations that underlie the principle of matching

Mediation Techniques & Strategies that Work

Curriculum: Alternate Dispute Resolution

State Approved CE Credits:FL NH NC OK TX

Monday, March 18 — 3:30 - 5:00
Wednesday, March 20 — 8:30 - 10:00

Michael Pritchett, AIC, Sr. Claims Specialist, Cypress P&C Insurance, Helotes, TX
Andy Rock, JD, Partner, The Rock Law Group, P.A., Maitland, FL
Claire Winston, Director-Claims Litigation, GeoVera U.S. Insurance Group, Jacksonville, FL

• 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

Medical Damages in Bodily Injury Claims

Curriculum: Casualty Campus

State Approved CE Credits:FL NC OK TX

Tuesday, March 19 — 1:30 - 3:00
Wednesday, March 20 — 3:30 - 5:00

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

• 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.
• 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).
• 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.
• Learn to evaluate and attack “life care plans” and other means by which the claimants’ side attempts to use UNreal numbers.

Minor Auto Accidents: Major Damages

Curriculum: Casualty Auto

State Approved CE Credits:FL NC

Monday, March 18 — 10:30 - 12:00
Tuesday, March 19 — 8:00 - 9:30

Jared Martin, Claims Examiner, American National P&C Group, Glenmont, NY
Richard I. Woolf, JD, Partner, Baker Sterchi Cowden & Rice, St. Louis, MO

• Recognize third-party minor accidents/incidents that have the potential to become more significant, and examine how to address them early to avoid exasperation of damages
• Evaluate minor injury claims and describe positive claims handling in settling those claims early
• Analyze alleged soft tissue injuries and the viability of certain injuries in low-speed impact accidents
• Examine damages claims that appear inflated based upon the accident/incident and the disconnect between the accident/incident and the claimed injuries/damages

Motorized Vehicles: Liability & Coverage Issues

Curriculum: Casualty Campus

State Approved CE Credits:FL NC

Monday, March 18 — 10:30 - 12:00
Tuesday, March 19 — 3:30 - 5:00

Patrick D. Cloud, JD, Shareholder, Heyl, Royster, Voelker & Allen, Edwardsville, IL

• Identify the types of policies that may be implicated in these accidents, including policies for off-road vehicle insurance, personal automobile, homeowners, umbrella, commercial general liability, and commercial auto
• Evaluate the coverages provided by these policies, including whether these accidents trigger the insuring agreements of these policies and whether the accidents otherwise fall within an exclusion
• Prepare a plan to advance and preserve liability coverage defenses, including the possibility of the appointment of independent counsel
• Assess the potential implication of uninsured motorist coverage, underinsured motorist coverage, and medical payments coverage

Multiple Claimants & Insufficient Policy Limits

Curriculum: Casualty Campus

State Approved CE Credits:FL NC

Monday, March 18 — 1:30 - 3:00
Tuesday, March 19 — 1:30 - 3:00

Joel Maxwell, Member, Cozen O'Connor, New York, NY
Kevin Willging, JD, Executive Counsel, Travelers Companies, Hunt Valley, MD

• Describe the issues involved where multiple claimants seek compensation under a policy or policies with insufficient limit
• Survey the statutes and cases that may apply to multiple claimants or multiple insureds with insufficient limits
• Identify hot spots and predicaments that pose potential exposure to bad faith liability because of insufficient limits
• Develop practical approaches to handling claims in situations presenting insufficient limits