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COMPLEX CLAIMS & LITIGATION FORUM 2024 AGENDA


ALL TIMES BELOW ARE IN PACIFIC TIME.

 * Monday, February 26, 2024
   (Day One)

 * Tuesday, February 27, 2024
   (Day Two)

 * Wednesday, February 28, 2024
   (Day Three)


MONDAY, FEBRUARY 26, 2024



08:00 - 09:00 | REGISTRATION & NETWORKING BREAKFAST

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09:00 - 09:30 | OPENING KEYNOTE: CHANGE THE NARRATIVE & CHALLENGE CONVENTION:
BRIDGING INDUSTRY GAPS

Join us as this opening keynote discusses how to close the gap between risk
evaluations and defense council claims strategy, and offers expert anecdotes on
why it takes an objective eye to challenge industry conventions.

 

Carey Bond, Head of Claims, Americas - Lloyd's

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09:30 - 10:15 | STATE OF THE INDUSTRY - COMPLEX CLAIMS POWER PANEL

This panel will bring together industry thought-leaders to analyze the shifting
landscape of complex claims, examine key trends and industry risks, and offer
their predictions for the year ahead.


Jonathan Schwartz, Attorney - Freeman Mathis & Gary, LLP
Kelly Doherty-Schaffner, EVP, Head of North American Claims Group - Allied World
Insurance Company
David Corry, Senior Vice President - Argo Group
Barbara Gliszczynski, Risk Manager - City of Henderson
Geoff Borger, Casualty Claim Leader - Nationwide ESS

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10:15 - 10:45 | MORNING NETWORKING BREAK

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PREVENT

10:45 - 11:30

LITIGATING ON A BUDGET: STRATEGIES FOR LEGAL SPEND MANAGEMENT

This presentation will teach claims professionals how to apply "Blue Ocean
Strategies" to litigated cases to achieve reduced defense costs, avoid
unnecessary discovery, and avoid nuclear values.

 

Kristen Swift, Partner - Weber Gallagher

PREPARE

10:45 - 11:30

I HEAR YOU – TIPS TO IMPROVE COMMUNICATION BETWEEN CARRIERS & COUNSEL IN CASE
PREPARATION

This interactive session will focus on being a better listener, practicing
asking clarifying questions, using evidence and not opinions, and teaching
"Evidence "DEFEATS" (Acronym) doubt."

PREVAIL

10:45 - 11:30

HOW TO WIN YOUR E-DISCOVERY DISPUTE

This session will provide strategies for winning your eDiscovery dispute. Topics
will include understanding your audience, recognizing the judge’s limitations
and understanding the best ways to educate the judge about different
technologies. Also covered, using communications with chambers to your
advantage.

 

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PREVENT

11:35 - 12:20

WAYS TO IDENTIFY OPPORTUNITIES FOR EARLY RESOLUTION CONSIDERATIONS

In this session, learn how "old dog claims" can explode in value over time and
how to avoid significantly higher dollar exposures when these claims stay open.
This session will teach strategies for uncovering opportunities to settle, and
properly manage cases when facts do not support resolution.

 

Stephen Peacock, Director of Client Engagement - Safety National
Greg Gitter, President - Legacy Claim Solutions

PREPARE

11:35 - 12:20

FIVE EFFECTIVE STRATEGIES FOR SELECTING A JURY

This panel will delve into jury selection for civil cases. The key takeaways
include, how to identify the ideal juror for your case and how to effectively
communicate with the jury during the voir dire process.

 

Richard Schoenstein, Vice Chair of Litigation

PREVAIL

11:35 - 12:20

HOW WE PREVAILED AND WHY: A CASE STUDY IN CONQUERING A COMPLEX ORGANIZED FRAUD
RING

This session will break down a case study of a complex fraud ring, and how a
massive financial institution aided and abetted the crime ring and then dissect
the case, post judgment discovery and litigation, and the financial
institution’s involvement!

 

Frank Goldstein, Managing Partner - Goldstein Law Group

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12:20 - 13:45 | NETWORKING LUNCHEON

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PREVENT

13:45 - 14:30

SUITABLE FOR SUBROGATION? HOW TO DETERMINE IF A CLAIM HAS SUBROGATION POTENTIAL

This session will provide case studies in several key areas that outline the
main elements to look for in evaluating if a claim has subrogation potential.
The takeaways include how to identify subrogation potential, non-standard
recovery opportunities, early identification of roadblocks, and how recovery
opportunities present in a casualty claim. 

The session will highlight that Identification of subrogation potential involves
identification of potential avenues of liability in third parties, including
identification of potential third parties in the typical fire claim and the
typical water loss (pipe break/freeze).  Typical liability analysis including
duty, breach causation and damages.  Non-standard subrogation recovery
opportunities including storm damage claims will be covered.  Finally,
contribution and indemnification recovery opportunities will be covered. 

 

Marc Madonia, Senior Counsel - Subrogation - Starr Companies

PREPARE

13:45 - 14:30

UNDER OATH: WHAT CLAIMS PROFESSIONALS NEED TO KNOW TO CONDUCT AN EFFECTIVE EUO

The presentation will focus on preparing for and taking Examinations Under Oath
(EUOs). When conducted properly, an EUO can be the single best tool for claims
investigation. This session will focus on the most effective ways to prepare for
and efficiently conduct EUOs in both the personal lines and commercial lines
context. We will conduct a live and brief EUO and point out strategies for
preparing for the EUO and questioning a difficult and non-responsive insured.
Key topics addressed include establishing goals for the outcome of the EUO; when
to request documents to be produced; how to utilize the EUO testimony to make a
coverage decision; how to properly frame questions to assist in the defense of
any subsequent litigation, and advantages and disadvantages to in-person vs.
virtual EUOs. In addition, we will discuss how to address situations where an
attorney for the insured and/or public adjuster attends the EUO and attempts to
disrupt the proceedings. Finally, we will address how the courts address an
insured’s failure to attend an EUO or answer questions during the EUO.

 

Michael Packer, Office Managing Attorney - Marshall Dennehey

PREVAIL

13:45 - 14:30

HOW TO ROADBLOCK RUNAWAY VERDICTS - TACTICS TO MITIGATE YOUR RISKS IN COURT

The fear of runaway verdicts escalates the already rising cost of claims.
Learning ways to better manage these fears can dramatically lower your
litigation and indemnity expenses and improve your overall claim management.
This session, presented by a board-certified civil trial lawyer with significant
and recent trial experience, will discuss why we are seeing runaway verdicts and
will provide you with the top things to look for to avoid them, mitigate risk
and minimize runaway exposures.

 

g jeffrey vernis, Managing Partner - Vernis & Bowling

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SOLUTIONS WORKSHOP

14:45 - 15:30 | SOLUTIONS WORKSHOP 1

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15:30 - 15:40 | SOLUTIONS QUICK FIRE 1

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15:40 - 15:50 | SOLUTIONS QUICK FIRE 2

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15:50 - 16:00 | SOLUTIONS QUICK FIRE 3



16:00 - 16:45 | BACK TO THE FUTURE: A ROADMAP FOR THE CURRENT & FUTURE STATE OF
CYBER CLAIMS

As cyber innovations evolve, so do the digital scams and fraud patterns. This
panel of experts will explore the brave new world of cyber claims, including
ransomware tactics, biometric data liability risks, and deepfake fraud attacks.
Attendees will learn new strategies for prevention and cyber resilience, and
best practices for insuring the metaverse, because where we're going... we will
need a roadmap!


Christa Johnson, Team Lead- Cyber - GB Specialty
Bolanle Akinrimisi, Claims Focus Group Leader Cyber&Tech - Beazley PLLC
Tammy Chang, Senior Claims Specialist, Cyber & Technology - AXA XL,
Linda Comerford, Head of Claims, North America - Resilience
Emily Lowe, Cyber Practice Leader - Hudson Insurance

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16:45 - 17:15 | FIRESIDE CHAT: RULES & REGULATION - NAVIGATING THE SHIFTING
REGULATORY LANDSCAPE

This fireside chat between two industry experts will provide analysis on
important regulatory changes, such as disclosure requirements, third party
litigation funding reform, torte updates, and offer solutions to compliance
challenges that your organization can implement now.

 

 

Elizabeth Fitch, Founding Member - Righi Fitch Law Group
Theodore Schaer, Director - Zarwin Baum

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17:15 - 18:30 | WELCOME RECEPTION

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TUESDAY, FEBRUARY 27, 2024



08:00 - 09:00 | REGISTRATION & NETWORKING BREAKFAST

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09:00 - 09:30 | OPENING KEYNOTE: IF I KNEW THEN WHAT I KNOW NOW... DEMYSTIFYING
THE COMPLEXITY IN CLAIMS

This keynote will discuss highlights from claims that went well... and the
lessons learned those that didn't. An industry expert will share their
experiences on some of the more complicated claims they've come across so
attendees will come away with best practices for achieving successful outcomes
once a claim becomes complex.

 

Ruben Pinto, Director - Large Loss Casualty - Allstate Insurance

--------------------------------------------------------------------------------

09:30 - 10:15 | DRIVING DISRUPTORS: A CRASH COURSE IN THE COMPLEX CHALLENGES OF
AUTONOMOUS AND ELECTRIC VEHICLES

As autonomous and electric vehicles continue to evolve at an accelerating pace,
the legal and insurance industries are facing increasing challenges on liability
questions, risk assessment models, and cyber exposures. Our expert panel will
discuss the possible legal implications, impact on coverage policies, and
provide best practices to steer you in the right direction.


Kenneth Williams, Shareholder - Segal McCambridge
Mike Stankard, Managing Director | Industrial & Materials & Automotive Practice
- Aon
Erin Erickson, Managing Partner/Shareholder - Bohyer, Erickson, Beaudette &
Tranel, PC

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10:15 - 10:45 | MORNING NETWORKING BREAK

--------------------------------------------------------------------------------

PREVENT

10:45 - 11:30

THAT’S PRIVATE! - POLICIES & PROCEDURES TO PROTECT AGAINST PRIVACY VIOLATIONS

This session will use case studies and statistics to show how third-party
breaches have become a top cyber threat for legal organizations as they
increasingly turn to vendors for their data and technology needs.  We will also
discuss what proactive steps can be taken to address these exposures from both a
cybersecurity and cyber insurance coverage perspective.

 

Devin Grimm, Commercial Insurance Advisor - USI Insurance Services

PREPARE

10:45 - 11:30

TAKE IT FROM ME: A LAWYER’S VIEW ON THE MISTAKES INSURERS MAKE IN COMPLEX CLAIMS

 This session will present a series of best practices for setting up a claim for
resolution from the lawyer's side and then delve into the mistakes claims people
make and how to avoid them. A key take away would be to logically and
methodically work through the claim dispassionately to reach a resolution that
makes the most sense from a legal and business perspective.

 

 

Mark Severino, Partner - Wilson Elser
Jorge Ramirez, Partner - Wilson Elser
Sheri Thome, Partner - Wilson Elser

PREVAIL

10:45 - 11:30

SUCCEED WITH EMPATHY: HOW BEING EMPATHETIC WINS CUSTOMERS AND CASES

This podcast style discussion will use social science, research, and personal
stories to illustrate why empathy matters in claims and litigation. The panel
will first address the commonly-understood definition of empathy, four types of
empathy defined by psychologists, and which type empathy is likely to be best
suited in the claims adjustment process. The panelists will provide insights
from industry perspectives (expert/consultant, legal, and carrier) on using
empathy to create collaborative cultures, retain customers and employees,
address difficult personalities in the claim-adjustment process (including
narcissism), and prevail in disputed matters. They will also highlight the
importance of leveraging empathy amid the industry’s move to more automated
processes (including artificial intelligence), provide tips for personalizing
the insurance company to facilitate claim settlements, and discuss the
importance of creating positive experiences in difficult industries.

 

 

Lori Ann Franek, Partner, Director of Business Development - DBI Consultants
Jennifer Gibbs, Partner - Zelle LLP
Joe Patten, Vice President, Property Claims - Sompo International

--------------------------------------------------------------------------------

PREVENT

11:35 - 12:20

FIVE THINGS THAT WILL PUSH YOU INTO LITIGATION, AND HOW TO AVOID THEM

Trials are sometimes necessary, but often are unnecessary. This session will
provide defendants, risk managers, and insurers strategies and real world advice
on how to avoid unnecessary trials.

 

Quentin Brogdon, Partner - Crain Brogdon, LLP

PREPARE

11:35 - 12:20

MEDIATING A SUBROGATION CLAIM: KEY STRATEGIES FOR ACHIEVING SUCCESSFUL OUTCOMES

Subrogation has a direct impact on a carrier's profitability. In this session,
we will discuss how subrogation adds value and the best practices and strategies
insurance claims professionals can employ to increase successful outcomes in
mediation of subrogation claims. This session will use real world case examples
to demonstrate actionable strategies to use for successful subrogation results.

 

Joseph Rich, Attorney - Cozen O'Connor
Joshua Goodman, Chair, Subrogation & Recovery, Southeast Region - Cozen O’Connor

PREVAIL

11:35 - 12:20

STRATEGIES TO WIN INSURANCE LAWSUITS & BAD FAITH TRIALS

Insurance companies have a long history of overpaying to settle lawsuits against
them in order to avoid having to try insurance coverage and bad faith jury
trials. This session will provide insights into winning tactics, strategies, and
techniques necessary to win these types of cases. It will focus on pre-trial and
trial issues where good decision making will inevitably make a dispositive
difference in the outcome of the case.

 

Christopher Martin, Partner - Martin, Disiere, Jefferson & Wisdom LLP

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12:20 - 13:30 | NETWORKING LUNCHEON

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PREVENT

13:30 - 14:15

TO PROTECT AND TO NOT BE SERVED: HOW TO AVOID LIABILITY WITH ACTIVE ASSAILANT
COVERAGE

Active Assailant Coverage constitutes necessary indemnity given today's
environment. No business today can afford to go without this coverage. This
session will present new research on what a single active shooter incident
costs, including discussion of recent cases, and provide the tips all businesses
need to prevent an active shooter incident from occurring.

 

Kathleen Bonczyk, Attorney/Researcher - Workplace Violence Prevention Institute

PREPARE

13:30 - 14:15

TRIAL TECHNIQUES FOR DEFENDING AGAINST REPTILE THEORY TACTICS

This presentation will define the most recent Reptile Theory Tactics utilized by
the plaintiff bar and how to mitigate their effect or, alternatively, completely
exclude the tactics from trial. Audience members will be able to take away
concrete steps for defense counsel to utilize during the discovery process,
pre-trial motions, and tactics to counter the Reptile Theory at trial.

 

Dan Costello, Managing Partner - Costello Ginex & Wideikis
George Pavarini, Vice President Claims - Amerisure Mutual Insurance Company

PREVAIL

13:30 - 14:15

IMMEDIATE RESPONSE TACTICS FOR CATASTROPHIC CLAIMS

The first few days after a catastrophic incident occurs are the most crucial
hours in preparing a defense of a claim. Through real-world examples, this
presentation will outline best practices for handling catastrophic accidents,
how to investigate an incident to mitigate your company’s risk of liability and
damages, and suggestions for training employees to effectively respond to these
catastrophic accidents. Attendees will leave this presentation with a clear idea
of how to identify a catastrophic claim, how to immediately respond, and what to
look for when preparing for litigation.

 

 

Allyson Byrd, Attorney - McGlinchey Stafford
Jade Letlow, Claims Supervisor - Berkley Environmental

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SOLUTIONS WORKSHOP

14:30 - 15:15 | SOLUTIONS WORKSHOP 2

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15:15 - 15:25 | SOLUTIONS QUICK FIRE 4

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15:25 - 15:35 | SOLUTIONS QUICK FIRE 5

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15:35 - 15:45 | SOLUTIONS QUICK FIRE 6



15:45 - 17:00 | TALENT TWO-PARTER: THOUGHT LEADERSHIP ON RECRUITMENT, RETENTION
AND MENTORSHIP

Don't miss this in-depth discussion from industry leaders as they share their
perspectives on increasing interest in the profession, talent retention methods,
and professional development ideas. The first part of this panel will provide an
action plan for creating an inclusive workplace, generating enthusiasm for the
industry, and the steps you can take now to improve employee retention.

Join us for the second half of this session as mentors/mentees take the stage to
share stories and insights from their personal experiences on mentorship
programs, including the impact on career development, getting the most out of
the mentorship, how to be a virtual mentor, and what a role model looks like in
today's workforce. Attendees will walk away with not just inspiring examples of
mentorship, but the tools needed to be an effective mentor, foster career
progression, and to drive positive change in the workplace.


Caryn Siebert, VP, Director of Carrier Engagement - Gallagher Bassett
Tara Toevs Carolan, Partner - Tarter Krinsky & Drogin LLP
Laura Huffman, Vice President of Casualty Operations - Engle Martin & Associates
Amy Mijo, Sr. Human Resources Manager - CSAA Insurance Group
Maryellen Miller, Executive Casualty/General Liability Property Adjuster - Engle
Martin
Alex Littlejohn, Executive Vice President, Managing Director - Alliant Retail
Property & Casualty

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17:00 - 19:00 | COCKTAIL RECEPTION

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WEDNESDAY, FEBRUARY 28, 2024



08:00 - 09:00 | REGISTRATION & NETWORKING BREAKFAST

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09:00 - 09:45 | OPENING KEYNOTE: LEADING THROUGH CHAOS: HOW TO BE A LEADER IN
TIMES OF CRISIS

The unpredictability of the past years proved that uncertainty is the only
certainty, with multiple crises disrupting the industry and workplace. What
leadership lessons were learned, and how can they be applied to the inevitable
future crises? Don't miss this compelling keynote as an expert provides case
studies on successful leadership during times of chaos, and provides best
practices on how to become a leader that thrives in adversity.

 

Dana Applegate, Senior Vice President, Claims - Coaction Specialty Insurance

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09:45 - 10:30 | PREVAILING WITH PARTNERSHIP: BRIDGING THE GAP BETWEEN CLAIMS &
LITIGATION

This session will provide a deep-dive look into the relationship between
insurance and litigation. How can communication and collaboration be improved in
case preparation? What do they want the "other side" to know? What methods can
be used to fight against reptile tactics, and increase enthusiasm about careers
in these industries? Join us for this discussion on strategies for building
trust and fostering empathy to create effective partnerships.


Eileen Luttrell, Attorney - Koeller Nebeker Carlson & Haluck, LLP
Geoff Borger, Casualty Claim Leader - Nationwide ESS
Wendy Patrick, Casualty Claims Manager - Mutual of Enumclaw Insurance Company
Marie Cheung-Truslow, Owner/Principal - Law Offices of Marie Cheung-Truslow

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10:30 - 11:15 | IT'S NOT EASY BEING GREEN: CANNABIS CLAIMS IN A BUDDING INDUSTRY

As the cannabis sector continues to grow, so do the unique issues for the legal
and insurance industries. These challenges include the legal implications on
worker compensation claims and product liability, as well as the impact on
policy creation and product development. This panel will break down current
trends in cannabis claims, and offer strategies for navigating this complex
legal landscape so you don't get stuck in the weeds!


Annette LaBarre, Vice President, Director of Workers' Compensation - Mitsui
Sumitomo Insurance Group, North America
Adam Dolan, Partner - Gfeller Laurie LLP
Lauren Ybarra, Member - McGlinchey Stafford

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11:15 - 12:00 | CHAT GPT & ME: NAVIGATING THE COMPLEXITIES OF THE DIGITAL ERA

AI tools can be very beneficial for processing and data analytics, but the
increased usage of Generative AI has the legal and insurance industries asking
questions faster than even Chat GPT can answer! How do you stay on top of
rapidly changing regulations and compliance? What are the liability issues
around data privacy and machine errors? What is the impact on fraud policies and
products? This panel of (human) experts will delve into how to balance the risks
against the rewards, and offer tips for how to navigate in the Digital Era.

Richard Wickliffe, Claims Leader - Special Investigations SME
Awais Farooq, SVP of Strategy & Transformation - Crawford & Company
John Standish, Chief Innovation and Compliance Officer - Charlee.ai
Laurie Pierman, Vice President, Claim Operations - Amerisure Insurance
Bethany Jansen, Strategic Technology Program Manager - American Family Insurance

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12:00 - | CLOSE OF CONFERENCE

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