full day educational event heplerbroom llc products liability law firm

Present the First Annual

Insurance Law and Coverage Seminar

Casualty/Third-Party Coverage Track

7:30 a.m. – 8:15 a.m.

Continental Breakfast

8:15 a.m. – 8:30 a.m.

Welcome and Introductions - Moderator - Rick Hammond, HB

8:30 a.m. – 9:15 a.m.

Medical Fraud: Determining the Starting Point in Medical Insurance

Investigation Claims – Eric Moch, HB/Christine Sullivan, CPCU

 Expose the methodology injury claimants and participating physicians use in

pursuit of payment of illegitimate injury claims.

 Review actual redacted medical records and deposition transcripts from

currently pending cases to illustrate what medical fraud looks like in real

world practice.

 Reveal the most current trends in organized medical fraud, including coding

abuse, unnecessary physician referrals and interventional pain management

methodologies, and fraudulent use of durable medical equipment and

prescription medications.

9:15 a.m. – 10:00 a.m.

Professional Liability – Linda Hay, HB/Anne Oldenburg, HB

 Become aware of what’s trending: professional liability risk in a social media

world.

 Explore issues that arise in in the medical and long-term care arenas.

 Examine ethics and legal liability issues.

 Learn how to handle concerns that arise in preparing for and during the course

of trials.

10:00 a.m. – 10:15 a.m.

Break

10:15 a.m. – 11:00 a.m.

Construction Coverage & Risk Transfer – Aleen Tiffany, HB/Jose A. Suarez,

AINS, CRIS, CLCS

 Learn what you need to know about significant Construction Contract

provisions. Includes discussion of Indemnity and Additional Insured

requirements and the interplay with Kotecki waivers, Anti-Indemnity, and

critical risk transfer issues.

 Explore common construction coverage dilemmas specific to the industry.

Discuss common (but critical) coverage issues and limitations stemming from

Anti-Indemnity statutes, Kotecki waivers, Additional Insured and Insured

Contract coverages, and trends.

 Discover how these specific issues and dilemmas differ outside Illinois and

outside the Construction arena. Includes brief introduction to considerations

in different jurisdictions and GL matters outside the Construction arena.

11:00 a.m. – 11:45 a.m.

Employment Practices Liability Coverage: Addressing Employment-Based

Claims – Jessica Galanos, HB/Michael Young, HB/Co-Presenter (to be

announced)

 Discover what EPLI Coverage is; learn who is an “Insured” and what is a

“Claim” under an EPLI Policy.

 Analyze the general differences between EPLI Coverage and Coverage Under

D&O and CGL Policies that provide Coverage by Endorsement for

employment-related claims.

 Learn about employee Letters and Demands, EEOC Charges, and their impact

on coverage.

 Explore arguments for coverage for employment practices claims under CGL

policies.

 Examine claims handling and defense of employment practices cases with

liability coverage issues, as well as how to avoid bad faith and extracontractual

liability.

11:45 a.m. – 1:00 p.m.

Lunch

HeplerBroom, LLC

and the

Chicago, Chicago-Northwest, and West Suburban

CPCU Chapters

Present the First Annual

Insurance Law and Coverage Seminar

Property/First-Party Coverage Track

1:00 p.m. – 1:45 p.m.

What the Hail! Issues Surrounding Assignment of Claim Benefits, Appraisals

and Public Adjusters – James DuChateau, HB/Sherri King, State Auto

Insurance

 Get real-life examples of assignments of benefits agreements, and discuss how

these documents impact the insurer’s rights and obligations.

 Analyze the rights and obligations of insurers, insureds, and public adjusters

during the course of a property insurance claim investigation.

 Learn how to identify physical loss or damage from hail versus wear and

tear or other causes, then how to establish necessary scope of repair,

determine a date of loss, fix cost of repair, and handle other issues commonly

arising in these claims.

 Explore how to properly manage the appraisal process.

1:45 p.m. – 2:30 p.m.

How Claims, Underwriting, and Agency Should Work Together to Avoid Bad

Faith and Liability Exposures – Tony Tunney, HB/Co-Presenter (to be

announced)

 Learn how the producer’s conduct and the underwriting file impact a claims

investigation and ultimate coverage decision.

 Discover best practices for documenting the claims and underwriting file to

protect the insurer from a bad faith exposure.

 Analyze issues that cause a producer to be exposed to litigation.

 Understand the issues surrounding reservation of rights letters and non-waiver

agreements; learn how to properly respond to Department of Insurance

complaints.

2:30 p.m. – 2:45 p.m.

Break

2:45 p.m. – 3:30 p.m.

Whose Claim is it Anyway? Claims Involving Mortgagees, Foreclosures and

Bankruptcies – Isaac Melton, HB/Roger Krupp, CPCU

 Consider the practical impact of foreclosure on insurance claims, with a

discussion of both pre- and post-foreclosure losses.

 Examine issues involving insurable interest, full-credit bids, and deed-in-lieu

of foreclosure situations and how each of them may impact potential

recovery.

 Explore how to investigate claims involving foreclosure, bankruptcy, and

other related issues.

 Discover how courts are applying the doctrines of judicial estoppel and

standing in relation to bankruptcy filings and insurance claims.

3:30 p.m. – 4:15 p.m.

Panel Discussion: Cyber Liability and Data Breach – Glenn Davis, HB/ Robb

Sands, HB/Zack Schmiesing, CPCU/Jarrett Kolthoff, Speartip/Jason Betke,

Lockton

 Stay up to date on the landscape of information security trends, attack

vectors, and challenges

 Examine the emerging intersection of insurance law and cyber issues, from

traditional insurance policy provisions to specialty cyber insurance policies.

Analyze typical policy provisions when applied to occurrences arising from

data breaches, hacking, and other cyber issues.

 Get an overview of insurance coverage issues facing businesses as they

struggle to protect themselves against the emerging—and quickly

exploding—danger of cyber risk, including liability to the insured’s

customers, clients, and employees for breaches of their private information

(which can be a major component of liability in the case of a data breach).

Explore trends in exclusions for cyber risk coverage and sub limits.

 Review breach response and investigation strategies and costs, including

investigating and quantifying theft or destruction of the insured’s data and

theft of the insured’s funds.

 Explore trends in class action litigation, emerging cyber and privacy risks

(including emerging threats such as cyber espionage and cyber terrorism)

under "legacy" insurance policies, and the newest cutting-edge "cyber"

insurance products.

4:15 p.m. – 4:30 p.m.

Closing Remarks

4:30 p.m. – 5:30 p.m.

Networking Reception