LOSS EXECUTIVES ASSOCIATION
MID-WINTER MEETING AND EDUCATIONAL PROGRAM
JANUARY 21 -23, 2002
TAMPA MARRIOTT WATERSIDE
MONDAY, JANUARY 21:
10:00 AM - 5 PM - Registration - hotel lobby.
- 6:00 PM - 8:00 PM - Welcoming reception (provided)
TUESDAY, JANUARY 22:
8:30 AM - 9:15 AM - Business meeting (all registrants).
9:15 AM - 10:15 AM - General Session - "Lloyd's - where we have come from and where we are going". A presentation by LEA members Charles Glaisher, General Manager - Claims; and Simon White, Worldwide Property Claims Manager, both of Faraday Syndicate 435 at Lloyd's, London, England.
10:15 - 10:30 AM - break (coffee, tea etc. provided).
10:35 AM - 11:15 AM - General Session - "The Post Catastrophe Public & Private Cooperation Initiative". An update on this program to develop a national model for disaster cooperation for leaders in the insurance industry and state governments. This program is under the auspices of The Institute of Business & Home Safety, a non-profit initiative of the insurance industry to reduce deaths, injuries, property damage, economic losses and human suffering by natural disasters. The program will be presented by Anita A. Knight, currently on loan to IBHS from the Allstate Corporation. She is vice-chairperson of the IBHS Response and Recovery Committee.
11:15 AM - 12:30 PM - General Session- "How the Insured's Attorney Will Get You". A give and take session with two prominent plaintiff's attorneys who will tell how they seek to capitalize on insurers' handling of property loss claims, with an emphasis on bad faith. This is a first for an LEA educational meeting, where we have invited the fox into the hen house! This will surely be an informative, (and non-confrontational) session.
V. Timothy Bambrick, Esq., of Niles, Wilmer & Barton, Baltimore, MD will moderate this session. Panelists will be Joshua L. Mallin, Esq., and Dennis T. D'Antonio, Esq., both of Weg & Myers, New York City. 12:20 PM - 1:30 PM - lunch (provided)
- 1:30 PM - 4:30 pm - Four concurrent workshops (Select one). (Refreshments provided in hall area approximately 3 PM).
Workshop #1 - "Hide and Seek - When is Collapse Caused by 'hidden decay' and When is Decay No Longer 'Hidden'"?
The law of "collapse" continues to go through numerous changes, and many are not favorable to insurers. The main focus of this presentation will be the recent decision of the Washington State Supreme Court in "Panorama Village", a decision that spun around Washington's previous collapse standards by 180 degrees, and seemingly obliterated a number of policy exclusions in the process. After Panorama Village, can an insurer ever defend on grounds that decay causing collapse was not "hidden"? Can decay still be "hidden" even after the insured has actually seen it? Can a suit-limitation defense ever bar a tardy claim if courts continue to elongate the concept of "hidden"? This workshop will address these issues and other related topics, critique the Panorama Village decision, and offer tips and insights on how insurers can continue to adjust collapse claims without resigning themselves to the belief that the courts will ignore all the language in their policies that disfavors coverage.
This workshop will be presented by Mark P. Scheer, Esq. And Maria Sotirhos, Esq. Both of Scheer & Sotirhos, LLP, Seattle WA.
Workshop #2 - "The Spoliation Trap: The Rising Stakes Associated with The Failure to Preserve Evidence after a Loss"
Recent court decisions continue to heighten the responsibility of insurers and their experts to preserve and document evidence critical to the analysis of a loss. The stakes now include not only traditional sanctions such as the limitation of an expert's opinion or the exclusion of key evidence at trial, but also new avenues of liability exposure on the part of the experts and insurers to the insured or third parties for the negligent handling of evidence. This workshop will explore evolving trends in the law and review practical strategies for successfully navigating the growing" spoliation" minefield.
This workshop will be presented by Laurence H. Leavitt, Esq. Of Friedman Babcock & Gaythwaite, Portland, ME and Stephen W. Houghton, Director of Fire Investigation Services, Douglas G. Peterson & Associates, Greenfield, MA.
Workshop #3 - "The NEW Boiler & Machinery Policy - How is it Different?"
This workshop will discuss and analyze the new policy. Why was it created? What is different from the former policy? This workshop will work through several theoretical loss scenarios, which will contrast the new and former policy. They, and the other panelists, will share their knowledge and experience.
This workshop will be presented by Larry Gordon, National Director of Boiler & Machinery Claims, Travelers Insurance, Hartford, CT; Phillip J. Maroon, Jr. Consultant, Specialty Commercial Line, Insurance Services Office, Jersey City, NJ; Mark Bruckmann, Esq.,, Mendes & Mount, New York City; and William F. Cassidy, P.E., Director of Boiler & Machinery, Douglas G. Peterson & Associates, Inc., Greenfield, MA.
Workshop # 4 - "Mold Claims - A Growing Concern".
The incidence of mold claim continues to escalate. The implications of this emerging issue for property claim handlers and property claim service providers are serious. This interactive workshop will address claim handling practices and coverage issues including: Mold - is it a legitimate health concern? Cause and origin investigation - does it matter? Mitigation and remediation - can the exposure be controlled? Claim handling best practices - can the adjuster make a difference? Bad faith pitfalls - how can they be avoided? Coverage issues - is mold a 'cause of loss" or a "type of damage"? What is an "ensuing loss"? How many occurrences? Should other insurers be notified? Subrogation - does it have a role? Case law and regulatory update.
This workshop will be presented by Wayne Klocko, VP, LMG Property, Waltham, MA; Phil Watters, P.E>, Sr. VP-Environmental, Rimkus Consulting Group, Inc., Houston, TX and Mark Feinberg, Esq., Zelle, Hofmann, Voelbel, Mason & Gette, LLP. Minneapolis, MN.
- 6:00 PM - 10:00 PM - Reception and dinner (provided).
WEDNESDAY, JANUARY 23
8:30 AM - 11:30 AM - Repeat of the four workshops. (Select one). (Coffee, tea etc. will be provided in the hall around 10 AM).
- 11:30 AM - an LEA officer will provide concluding comments at the end of each workshop.
PLEASE BE COURTEOUS TO OUR SPEAKERS AND TURN OFF YOUR CELL PHONES AND PAGERS!