the WORST CASE scenario an insurance professional s guide for a case that goes from bad to worse

Transcription

1 2ND ANNUAL CAROLINAS CONSTRUCTION & ENVIRONMENTAL CLAIMS SEMINAR MARCH 7, 2014 MAGGIANOS SOUTH PARK CHARLOTTE the WORST CASE scenario an insurance professional s guide for a case that goes from bad to worse This unique seminar offers insight on how a seemingly simple claim can become increasingly complex. The seminar is designed to benefit professionals in the insurance industry who handle construction defect, environmental claims, and trucking/transportation claims from the beginner to the seasoned veteran. Risk managers in the construction industry would also benefit from learning more about these issues and how to work efficiently with claims professionals. CEU Credit sought in: North Carolina

2 Carolinas Construction & Environmental Claims Seminar March 7, 2014 agenda 8:30am - 8:55am Registration, continental breakfast and networking 8:55am Welcome and Program Outline 9:00am Expert response to hazardous materials spill & collision 9:50am Pollution Exclusion 10:05am Scientific Standards for proving Toxic Tort claims 10:20am BREAK 10:35am Trying Decisions: Issues Related to Trial Procedures 11:00am Violation of a Statute or Regulation as Proof of Negligence 11:20am Statute of Repose Issues 11:40am Economic Loss Rule Noon-12:45pm LUNCH Served Keynote/Luncheon Carl Solomon, Esq. Just Send Me a Blank Check. 12:45pm Update on Construction, Environmental Litigation & Toxic Tort cases 1:10pm Panel Discussion - How to save time, money, & sanity in litigation 2:15pm End Evaluations, comments, individual discussions

3 Carolinas Construction & Environmental Claims Seminar KEYNOTE SPEAKER Carl Solomon Soloman Law Group March 7, 2014 s p ea k er s Carl Solomon is a Past President of the South Carolina Bar Association. An experienced accident and personal injury attorney, he has tried complex cases throughout the state. He represents plaintiffs in vehicle accidents, catastrophic injury and wrongful death, negligence, premises liability and medical malpractice. His perspective on claims litigation will offer a unique insight to the insurance professional. T. McRoy Shelley, Esq. Steven T. Moon, Esq. Robert Bryan Barnes, Esq. roy.shelley@rtt-law.com steven.moon@rtt-law.com bryan.barnes@rtt-law.com Roy Shelley leads the Environmental Litigation Team at Rogers Townsend, which handles toxic tort and contamination claims, as well as the defense of enforcement actions by governmental agencies such as DHEC, DENR, and the EPA. Roy is also co-leader of the Construction and Products Liability team, which is designed to handle the complete range of construction and products liability claims, including complex, mass tort claims throughout the United States. Read Roy s Blog, SC Environmental Lawyer, here. Steve Moon focuses his practice by defending businesses and their insurers in lawsuits in state and federal courts. He has been involved in defending multiple mass tort lawsuits, including recently where the primary allegations consisted of injury damage allegedly caused by coal fly ash exposure. Steve is also experienced in trucking and transportation insurance defense. Steve has recently spoken on environmental topics at national and international meetings. He writes the Rogers Townsend Coal Ash Law Blog where he shares the latest industry news and legal implications. Bryan Barnes practices nationally pro hac vice in the area of product liability defense. He often represents manufacturers of exterior claddings in products liability cases throughout the U.S. He also handles toxic torts, construction, and surety and specialty litigation, both in court and in arbitration proceedings. Bryan is a frequent speaker at continuing education seminars for lawyers and trade groups. He has contributed written materials on construction law issues for the Mechanic s Lien Bulletin, The Credit Manager s Survival Kit, and various other trade journals. Bob Hird Franklin H. Turner III, Esq. Diana Coada, Esq. Director of Assessment Services trey.turner@rtt-law.com diana.coada@rtt-law.com Bob holds a Professional Geology license in North Carolina and South Carolina. He has over 24 years of environmental experience, and has performed and reviewed thousands of Phase I Environmental Site Assessments as well as Property Condition Assessments. Bob has also performed multiple Phase II Environmental Investigations and has taken many sites through the remediation process to closure. By understanding the impacts and the accepted industry methodologies in assessment and remediation, he has the distinct ability to aid insurance companies in the determination of cause, extent and costs associated with environmental claims. Franklin Trey Turner concentrates his practice in the areas of collections, insurance defense, and litigation in general. He handles collections, commercial litigation, products liability, general tort and breach of contract matters for a variety of carriers. Trey is Past Chair of the Products Liability and Consumer Law Committee of the American Bar Association (ABA) and was 2009 Co-Chair of the Emerging Issues in Premises Liability Litigation Program of the Tort Trial and Insurance Practices Section of the ABA. Diana Coada handles complex litigation,including commercial, personal injury, construction, toxic tort, and environmental litigation. She also handles immigration matters and financial services issues. While in law school, she served as an Editor for the ABA Real Property, Probate & Trust Journal. A native of Moldova, Diana is fluent in Romanian and Russian.

4 Carolinas Construction & Environmental Claims Seminar March 7, 2014 speakers Shannon Haddox Senior Forensic Analyst Renner St. John Brian Whitten Director of Claims Clear Point Claims Shannon has over twenty-one years experience in mechanical engineering and traffic accident reconstruction, specializing in impact biomechanics and commercial vehicle analysis. She has a CDL and is ACTAR certified. She has personally reconstructed over 1500 traffic accidents, as well as performed hundreds of engineering investigations, and has designed and implemented vehicle crash tests for a variety of studies. Shannon has served as an expert witness in federal and state courts throughout the eastern United States, and has often served as a guest speaker on engineering and accident reconstruction topics. Renner St. John brings a unique set of skills to Rogers Townsend. A former prosecutor in Alaska and assistant city attorney for Fayetteville, NC, she has logged many hours in the courtroom, litigating a variety of cases from felonies to eminent domain disputes. As a litigator in Rogers Townsend s Charlotte office, Renner is a passionate advocate for her clients and has successfully represented many of them in cases ranging from real estate issues to wrongful death cases. Brian has worked in the insurance industry as Business Analyst, Claims Adjuster, Field Staff & Catastrophe Manager, and Director of Claims. Prior to his experience in the insurance claims field, he developed his technical and management skills for ten years as a systems administrator and network engineer for Covelli Enterprises. Brian is an experienced and licensed insurance professional who focuses on quality and timely customer claims solutions. He is a capable and successful leader of teams of claims professionals, producing performance-driven results for CPC s clients. John Burkart Mgr. of Environmental Assessment John is a Professional Geologist with over 25 years experience in the environmental industry with extensive knowledge dealing with both state and federal regulations. He manages single and multi-site environmental projects around the country which involve Environmental Emergency response, subsurface investigations, and oil and groundwater remediation projects. John works directly with insurance carriers and property owners on emergency spills by providing senior oversight of various emergency responders to monitor and reduce the cost, ensures the spills are being properly remediated, reviews contractor invoices for accuracy and to ensure rate fees are in-line with standard practices, and provides technical assistance in handling the releases. John has served as an expert witness in many environmental cases. sponsors, with offices in Columbia, Charlotte, Charleston, Greenville, and St. Thomas in the U.S. Virgin Islands, has 60 attorneys practicing in a wide range of industries and practice areas, including construction, toxic tort, and environmental matters. We are approved counsel for over a dozen national insurance carriers and have extensive experience in claim evaluation and litigation budgeting. We represent construction industry clients in both the transactional aspects of their work (contracts, negotiations, evaluation) and the dispute-resolution aspects (arbitration, litigation, mediation). Our construction lawyers regularly call upon the firm s other practice areas for support in areas affecting construction industry clients, including insurance and bonds, labor and employment law, negligence defense, real estate law, occupational safety and health, environmental counseling, federal, state and local regulatory matters, and bankruptcy law. Our attorneys also defend toxic tort and environmental claims on behalf of industries and through insurance carrier assignments, handling matters seeking multi-millions in damages. The Rogers Townsend Environmental Team also provides guidance to clients with enforcement actions, and our Transactional Department can assist with environmental issues that arise during development projects (such as testing and brownfields redevelopment)., Inc., is a full-service engineering, fire investigation, environmental, health and safety, and specialty consulting services firm serving a variety of industries in both the public and private sectors. Over the last four decades, we have grown from a boutique firm specializing in handling insurance fraud and arson cases and providing expert witness testimony, to becoming a recognized leader in engineering failure analysis, origin and cause investigations, environmental consulting, laboratory testing and specialty consulting. Each member of our multi-disciplinary team of more than 400 professional engineers, fire investigators, architects and scientists was selected for his or her technical proficiency, in-depth industry knowledge and commitment to professional integrity. Together, our diverse backgrounds and collective insights empower clients to make better-informed business decisions. This expertise coupled with the extensive coverage of our 27 national offices and global work abroad capability, has earned the firm a reputation for delivering timely responses that consistently meets our clients expectations anytime, anywhere. Our complete line of environmental consulting services is designed to help property owners, managers and developers maintain compliance with current environmental regulations, minimize risks and optimize business objectives through appropriate evaluation, timeliness and resourceful project approaches.

5 register Name: Title: Organization: Address: Phone: Additional representatives from organization (* required for confirmation): Space is limited! Please reserve your place by ing this form to or call Please make us aware of dietary restrictions here and we will gladly accommodate. $125 for first registrant; $95 for Charlotte Claims Assn. Members; $75 for each additional registrant from the same organization. Visa Mastercard Discover Card# Exp. Cardholder s Name Security Code I will mail a check to the address below. Please remit payment to: Attn: Erin Sweatman PO Box Columbia, SC TOTAL PAYMENT: $ Cancellation policy: For cancellations before Feb. 28, a full refund will be issued. No refunds after that date.