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Abuse & Molestation Claims & Coverage Issues

Jonathan Toren, JD, Member, Cozen O'Connor

  • Identify the trends and sources of liability in abuse and molestation claims
  • List methods to locate lost and/or old policies
  • Determine whether coverage has been triggered and/or excluded
  • Evaluate allocation and limits issues
  • Bad Faith Damages in Third-Party Claims

    Asim K. Desai, JD, 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
  • Biomechanics of Injury Causation: How People Get Hurt

    Richard V. Baratta, Ph.D., SVP-Biomechanical Divison, Rimkus Consulting Group, Inc.

  • Identify the mechanical properties of the different types of tissues
  • Review anatomy in the context of accidental injuries
  • Compare different accident/incident scenarios that can cause specific injuries
  • Evaluate consistency between accident scenarios and injuries claimed
  • Bodily Injury & Wrongful Death Claims: Effective Adjusting

    Joe Epps, CPA, CFE, Sr. Consultant, HSNO The Forensics Firm
    Meryl Fein, Claim Director-Excess Claims, Allianz Global Corp. & Spec.
    Josh M. Snell, JD, Partner, Jones, Skelton & Hochuli, PLC

  • Describe claim investigation options for pre- and post-litigation bodily injury and wrongful death claims
  • Review both standard and specialized information to obtain, depending on the bodily injury or wrongful death facts alleged that must be gathered to complete your evaluation
  • Identify at least three potential situations which greatly complicate the determination of economic damages
  • Compare the timing in various claims settlement procedures, including pre-litigation negotiation, mediation and litigation through trial and posture the claim for resolution
  • Casualty Case Law Update

    W. Lane Neilson, JD, Partner, Neilson & Associates, P.A.

  • Identify current casualty claim law trends across the nation
  • Evaluate current issues and improve your abilities to forecast court decisions
  • Analyze third-party liability factual scenarios
  • Conditional Settlement Demands: Defusing Third-Parties’ Tactics

    Albert Alikin, JD, Partner, Anderson McPharlin & Connors

  • Identify communications and conduct by plaintiff's counsel that are meant to trigger bad faith setups in policy limit demands
  • Analyze the carrier's basic duty to settle in good faith and what could be at stake if carrier fails to fulfill its duty
  • Evaluate particular conditions and scenarios
  • Compare and utilize practical steps, based on the individual situation, to help defuse the bad faith setup
  • Confronting the “Reptile Theory”

    Kenneth Bunn, AIC, AVP, Claims, Builders Mutual Insurance
    JD Keister, JD, Attorney, MGC Insurance Defense

  • 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
  • Contractual Indemnity & Additional Insureds Liability

    John S. Hanlon, SCLA, Complex Claims Unit Manager, Selective Insurance Group
    Dan Kohane, JD, Senior Partner, Hurwitz & Fine, P.C.

  • 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
  • Declaratory Judgment Actions: How, When & Why?

    Christopher W. Martin, JD, Partner, Martin Disiere Jefferson et al

  • Explore reasons for and against seeking a declaratory judgment
  • Assess the most effective time to bring a declaratory judgment action
  • Identify parties that should be joined in the declaratory judgment action
  • Address potential responses that an adverse party may have to the declaratory judgment action and examine methods to combat them
  • Determining the Number of Occurrences Under CGL Policies

    John Mumford, JD, Partner, Hancock Daniel Johnson et al

  • Identify the scenarios in which the issue of the number of occurrences arises
  • Discover how the parties' respective positions on this issue may change based on the policy provisions (including limits and deductible) and facts of the claim
  • Review the key liability policy provisions which impact the determination of the number of occurrences
  • Describe the different "tests" utilized by courts nationally for determining the number of occurrences and survey recent case law addressing this issue
  • Analyze various fact patterns in which the issue of the number of occurrences must be decided
  • Dram Shop Mock Trial

    Anthony Tagliagambe, JD, Partner, London Fischer, LLP

  • Please provide learning objectives. Thank you.
  • Driverless Cars: Liability & Coverage Issues

    Terrence L. Graves, JD, Shareholder, Sands Anderson PC

  • Identify various parties who may be liable for loss arising out of the use of driverless vehicles such as manufacturers, engineers, designers, and retailers
  • Examine likely theories of liability that may be asserted against these potentially liable parties
  • Describe liability insurance coverage available to potentially liable parties
  • Explore the coordination of insurance coverage among these parties
  • Duty to Defend: When Does It End?

    Rina Carmel, JD, Senior Counsel, Anderson McPharlin & Connors

  • Describe the situations in which the insurer’s duty to defend may end
  • Analyze whether and when settlement can end the duty to defend, especially in mixed claims
  • Evaluate whether the insurer can terminate the defense by writing a letter, or whether coverage litigation is needed
  • Examine strategies for avoiding prejudice to the insured and avoiding bad faith allegations when the defense obligation ends
  • Environmental Loss Coverage

    Ginny L. Peterson, JD, Partner, Kightlinger & Gray, LLP

  • Describe common environmental liability loss hazards that arise from the release of chemicals, mold, asbestos, lead and biological agents
  • Review provisions of commercial general liability and environmental impairment liability policies which may be triggered by such environmental liability loss hazards
  • Examine trigger of coverage and loss allocation for environmental liability loss hazards
  • Determine the alternative methods for identification of the policies triggered and the effect of continuing or/ and progressive damages on coverage
  • Assess available subrogation and contribution when multiple insurance policies are triggered for the same loss and/or continuing damage
  • Faulty Construction Coverage Disputes: Current Status

    Barbara O'Donnell, JD, Partner, Sulloway & Hollis, PLLC

  • Explain the interplay between the CGL policy's threshold insuring agreement and applicable policy exclusions
  • Survey significant recent court decisions highlighting the importance of examining the CGL policy insuring agreement's property damage and occurrence requirements
  • Scrutinize courts' approaches to the availability of coverage for Rip and Tear damages
  • Navigate coverage disputes when efforts are made by the insured to resolve faulty workmanship claims without litigation
  • Fraternity & Sorority Hazing: Liability Exposures & Coverage

    Danielle N. Malaty, JD, Shareholder, Kopka Pinkus Dolin PC

  • Describe the graduated levels of duties owed by fraternities and sororities to their social guests
  • Scrutinize case law, social host statutes, and anti-hazing statutes as they apply to personal injury suits arising out of events hosted by these social organizations
  • Review applicable policy forms providing coverage and pinpoint key provisions
  • Examine effective defense strategies
  • Homeowners Liability Coverage: Current Trends

    Kenneth P. Williams, JD, Shareholder, Segal McCambridge Singer et al

  • Describe the expansion of homeowners policy liability coverage to respond to increasing exposures affecting personal liability
  • Survey evolving state and federal law with respect to courts' broadening interpretation of policy language to address coverage for exposures posed by cyber-bullying and other social media use, and liability for the conduct of minors
  • Scrutinize court decisions addressing coverage for intentional acts
  • Analyze approaches to coverage for these liability exposures
  • Independent Counsel: Managing the Costs

    Kelly M. Lippincott, JD, Member, Carr Maloney P.C.

  • Determine if independent counsel is actually needed
  • Identify approaches to managing litigation costs if independent counsel is retained
  • Weigh consequences of withdrawing a reservation of rights to take over the litigation defense
  • Liability for Criminal Acts of Catastrophic Crime & Terrorism

    Bradford S. Purcell, JD, Partner, Purcell & Wardrope Chartered

  • Identify who is potentially liable for criminal acts, including terrorism
  • Review the theories of liability against typical target defendants
  • Evaluate defenses available to the target defendants
  • Describe the unique challenges and exposures with litigation arising out of criminal acts
  • Multiple Suits From One Cause: Taking Charge

    Thomas F. Glassman, JD, Shareholder, Bonezzy Switzer Polito & Hupp
    Jennifer Klase, CCPU, SCLA, CARE Manager, State Auto Insurance Cos.

  • Develop strategies to investigate and triage a loss involving dozens of claimants
  • Balance mounting a cost-effective defense while still properly protecting the insured
  • Identify when and how to settle claims en masse to protect the insured and minimize indemnity payments and defense costs
  • Negotiating Strategies in Bodily Injury Claims

    Kevin T. Merriman, JD, Partner, Ward Greenberg Heller & Reidy
    Richard Nouza, JD, Home Office Claims Manager, Central Insurance Companies
    Meghan E. Ruesch, JD, Associate Attorney, Lewis Wagner, LLP
    Christine A. Sullivan, CPCU, President, CAS Consulting, LLC

  • Identify the key components of an effective negotiation strategy
  • Build an effective negotiation strategy based on the merits of the case
  • Describe what tactics to employ to effectively negotiate a bodily injury claim
  • Apply the strategy and tactics to successfully negotiate the claim from the defense and plaintiff's point of view
  • Privacy Claims: Emerging Coverage Issues

    Matthew S. Foy, JD, Partner, Gordon & Rees, LLP

  • Specify coverage issues raised by cyber liability and privacy claims generated by data breaches
  • Analyze coverage for these claims under CGL policies
  • Highlight case law addressing CGL coverage
  • Describe coverages provided under more specifically designed insurance products
  • Reservation of Rights & Declination Letters

    David Jarrett, JD, AVP-Legal Counsel, Western Reserve Group
    David B. Krouk, JD, Partner, Butler Weihmuller Katz Craig

  • Specify essential content of reservation of rights and declination letters, and assess the consequences of missing such content
  • Pinpoint critical issues in reserving rights and declining coverage, including notice requirements, timing, and the impact of applicable local law
  • Describe effective claims handling methods while the claim or suit is under a reservation of rights
  • Gauge the scope of defense control and the likelihood of recouping costs while defending under a reservation of rights
  • Social Media Liability Exposures & Coverage

    Kevin T. Merriman, JD, Partner, Ward Greenberg Heller & Reidy
    Richard Nouza, JD, Home Office Claims Manager, Central Insurance Companies
    Meghan E. Ruesch, JD, Associate Attorney, Lewis Wagner, LLP
    Christine A. Sullivan, CPCU, President, CAS Consulting, LLC

  • Examine liability exposures and coverage for cyberbullying and other conduct arising out of social media use
  • Explore present and emerging causes of action enhanced or generated by social media use
  • Assess coverage issues under personal and commercial liability policies for social media-related claims
  • Traumatic Brain Injury: Evaluating Claims

    David R. Price, Ph.D., President, The Forensic Network
    Robert S. Stickley, JD, Founder, Stickley Law, LLC

  • Describe what constitutes a mild traumatic brain injury, moderate traumatic brain injury, and severe traumatic brain injury
  • Identify what records and documents are needed for appropriate brain injury evaluation
  • Distinguish the prognosis for recovery from mild, moderate, and severe traumatic brain injuries
  • Evaluate the high probability of fraud and malingering in mild traumatic brain injury claims
  • Workplace Discrimination & Harassment: Emerging Issues

    Amy E. Johnson, JD, Of Counsel, HeplerBroom, LLC

  • Review policy forms applicable to workplace claims
  • Examine statutory claims arising out of workplace discrimination and harassment
  • Identify and describe typical companion common law claims
  • Explore approaches for assessing liability and policy coverage

    2019 Exhibit Booths and Sponsorships are now available.
    2019 Claims Conference information will be listed in the fall.

    Learning with and from others in our industry. A lot of great information was exchanged among attendees in the classes. interesting to hear about what others are doing and how it is working for them. I feel like it provides a perspective on common issues, insights that is difficult to gain in any other way.

    Opportunity to network with other professionals and discuss relevant topics of the day.

    PLRB remains the "gold standard" for insurance industry conferences.

    For my first time attending I really felt like I took away many helpful points to use.

    The conference was amazing and provided top notch educational opportunities, as it always does.

    The sessions I attended were relevant to my job, engaging, and well done.

    PLRB greatly appreciates the following claims service providers for their outstanding support for the 2019 Claims Conference.



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