NAVIGATING THE MINEFIELD OF INCREASINGLY COMPLEX CLAIMS

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1 EAGLE INTERNATIONAL ASSOCIATES Presents NAVIGATING THE MINEFIELD OF INCREASINGLY COMPLEX CLAIMS JUNE 26, 2013 Church Mutual Insurance Company Merrill, Wisconsin

2 TABLE OF CONTENTS Speakers 1 Tab After Me, The Flood: Liability and Damages for Water Run-Off By: Jeffrey A. Clayman, Esq. 2 We Have To Do THAT for Our Insureds? A Bad Faith Memoir By Mitchell A. Orpett, Esq. 3 Sudden Emergency and Last Clear Chance: Whose Fault Is It? By Matthew Schrader, Esq. 4 Current UIM/UM Issues: A Jurisdictional Comparison By Shea Conley, Esq. 5 **NOTE: A booklet of the 50 States and District of Columbia entitled Negligence Defenses and Age of Risk Appreciation in Child Sexual Abuse Claims is a separate handout to this Program.

3 Sudden Emergency and Last Clear Chance: Whose Fault Is It? By Matthew Schrader, Esq.

3 SPEAKERS Jeff Clayman is a graduate of Bowdoin College and Louisiana State University Law Center, where he was a Senior Editor of the Louisiana Law Review. Following law school, he clerked for the Honorable Patricia H. Minaldi of the United States District Court for the Western District of Louisiana. He is admitted to practice in Louisiana and Florida, and is a member of the Louisiana State Bar Association House of Delegates and an Assistant Bar Examiner. Jeff is AV rated by Martindale-Hubbell and has completed the International Association of Defense Counsel Trial Academy at Stanford Law School. Shea Conley is Managing Partner of Reminger Co., LPA's Lexington, Kentucky office. Since his admission to the Kentucky Bar in 1998, Shea has developed significant experience defending and trying cases on behalf of product manufacturers, construction companies, attorneys, architects and engineers, transportation companies, premises owners and primary and excess insurers in catastrophic injury and wrongful death cases. Shea has a mechanical engineering degree which makes him particularly wellsuited for complex products liability, construction defect and architect and engineering malpractice litigation. Shea has also defended various public and private employers in discrimination, retaliation and wrongful discharge claims in both state and federal court. Paul M. Finamore is a member of Niles, Barton & Wilmer, LLP located on the Inner Harbor in Baltimore, Maryland. His litigation practice concentrates in first and third party claims including the defense of general liability, professional liability, and employment claims. He is admitted to practice in the state and federal courts in Maryland and Washington, D.C., the U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Federal Circuit, and the U.S. Court of Federal Claims. Mr. Finamore has an AV- preeminent peer rating in Litigation, Insurance, and Labor and Employment. He has been recognized as a top attorney by Maryland SuperLawyers magazine annually from 2008 through He has been a recipient of the Golden Gavel Award from the Westfield Group of Insurance Companies. He is a member of Eagle International Associates, Inc., the Federation of Defense Corporate Counsel, the Defense Research Institute, and the Professional Liability Underwriting Society. Mr. Finamore has published articles in DRI's The Voice and the Federation of Defense Corporate Counsel's Employment Practices and Workplace Liability Section Newsletter. Chris Koning graduated from Marietta College in Ohio. He started his insurance career in New York City in 1974 as an underwriter, moving to claims within six months and then moved to Cleveland with GAB. In 1978, GAB moved Chris to San Jose, California. He subsequently went to work with Russo Claims Service for seven and a half years managing their San Jose and Daly City offices. In June 1985, Chris

He is admitted to practice in Louisiana and Florida, and is a member of the Louisiana State Bar Association House of Delegates and an Assistant Bar Examiner.

4 started Koning and Associates as a one man shop and has been blessed over the past 27 years in growing the business to 14 offices in three states and 39 adjusters and investigators. Mitch Orpett is a founding member and former managing director of Tribler Orpett & Meyer, P.C., a Chicago law firm serving the insurance and business communities. He was one of six lawyers who formed the firm in His practice is devoted to the defense of various professional and product liability claims and to the resolution of insurance and reinsurance disputes. He has been active in litigation, arbitration and other methods of alternative dispute resolution and has served both as advocate and arbitrator. He has been listed in all editions of Euromoney Publications Guide to the World s Leading Insurance and Reinsurance Lawyers and in Who s Who Legal, Insurance & Reinsurance. He has also been named as an Illinois Super Lawyer and to the Illinois Network of Leading Lawyers, in recognition of his work as an insurance and reinsurance lawyer. Mitch has devoted 35 years of service to the American Bar Association, holding numerous leadership positions and chairing several seminars. He recently completed his three-year term on the ABA s Board of Governors, as well as its Finance and Audit Committees after serving for many years on its policymaking body, the House of Delegates. He was the chair of the ABA s Section Officers Conference, in which capacity he represented the approximately 240,000 members of the sections and divisions of the American Bar Association. Previously, he served as chair of the ABA s 30,000 member Tort Trial and Insurance Practice Section and of the ABA s Standing Committee on Continuing Education of the Bar. He was also vice chair of the ABA s Presidential Commission on the Unintended Consequences of the Billable Hour (United States Supreme Court Justice Stephen G. Breyer, honorary chair) and has been a member of the Federation of Defense & Corporate Counsel, the Illinois State Bar Association and the Chicago Bar Association. Mr. Orpett has been a frequent author and speaker on many topics dealing with insurance-related claims and litigation cost control for CLM and the American Bar Association and has authored many articles, including Reinsurance, a chapter in West Group s Law and Practice of Insurance Coverage Litigation. He has provided training and in-service presentations to a host of insurance companies and other industry groups pertaining to insurance and reinsurance issues and coverage and bad faith. Mitch is a graduate of the University of Illinois, where he earned his bachelors and masters of arts degrees. He is a 1978 graduate of that institution's College of Law. Matthew Schrader is a shareholder in Reminger Co., L.P.A.'s Columbus office. He focuses his practice in the areas of professional liability, commercial premises liability, claims for product liability, commercial litigation, employment law, civil rights and general casualty defense in cases involving catastrophic personal injury. Matthew has tried cases in both the state and federal courts of Ohio. He has also argued and briefed appeals in Ohio appellate courts and the Sixth Circuit. Matthew is the Coach of and Advisor to the Mock Trial Team of the Capital University School of Law, where he also serves as Adjunct Professor. He acts as General Counsel of one of Central Ohio's largest non-profit organizations. He has also spoken to audiences throughout Ohio on issues dealing with trial practice, medical negligence and employment issues. Matthew earned his B.A. from Xavier University, University Scholar in 1998 and his J.D. from the University of Dayton School of Law in 2001.

He was one of six lawyers who formed the firm in 1984.

5 SPEAKER CONTACT LIST Jeffrey Clayman, Esq. James Ryan III & Associates 201 St. Charles Avenue, Suite 2420 New Orleans, LA Shea Conley, Esq. Reminger Co., LPA 269 West Main Street, Suite 700 Lexington, KY John D Amelio, Esq. Harvey Pennington, Ltd John F. Kennedy Blvd., Suite 1300 Philadelphia, PA jdamelio@harvpenn.com Paul de Lorimier, Esq. McKay de Lorimier & Acain 3250 Wilshire Blvd., Suite 603 Los Angeles, CA pdelorimier@mbglaw.com Richard Diestel, Esq. Bledsoe Cathcart Diestel Pedersen & Treppa 601 California Street, 16 th Floor San Francisco, CA rdiestel@bledsoelaw.com Paul M. Finamore, Esq. Niles Barton & Wilmer 111 South Calvert Street, Suite 1400 Baltimore, MD pmfinamore@nilesbarton.com Jeffrey V. Hill, Esq. Hill & Lamb 1000 SW Broadway, Suite 1780 Portland, OR jhill@hill-lamb.com David D. Hudgins, Esq. Hudgins Law Firm 515 King Street, Suite 400 Alexandria, VA dhudgins@hudginslawfirm.com Chris Koning Koning & Associates 1631 Willow Street, #220 San Jose, CA ckoning@koning.us Art Kutzer, Esq. Senter Goldfarb & Rice LLC 1700 Broadway, Suite 1700 Denver, CO akutzer@sgrllc.com Mitchell A. Orpett, Esq. Tribler Orpett & Meyer, P.C. 225 West Washington Street, Suite 1300 Chicago, IL maorpett@tribler.com Matthew Schrader, Esq. Reminger Co., LPA Capitol Square Office Bldg. 65 East State Street, 4thFloor Columbus, OH mschrader@reminger.com Timothy W. Waldeck, Esq. Waldeck Law Firm 1400 TCF Tower 121 South 8th Street Minneapolis, MN twaldeck@waldeckpa.com Michael Woodson, Esq. Edmonds Cole Law Firm 7 South Mickey Mantle Drive, 2 nd Floor Oklahoma City, OK mwoodson@edmondscole.com

, Suite 1300 Philadelphia, PA 19103 215-563-4470 jdamelio@harvpenn.com Paul de Lorimier, Esq. McKay de Lorimier & Acain 3250 Wilshire Blvd.

EAGLE INTERNATIONAL ASSOCIATES, INC. AVOIDING THE CUCKOO S NEST. Successfully Defending and Resolving Troublesome Claims

EAGLE INTERNATIONAL ASSOCIATES, INC. PRESENTS AVOIDING THE CUCKOO S NEST Successfully Defending and Resolving Troublesome Claims May 17, 2013 Chicago Oak Brook Hills Marriott Oak Brook, Illinois TABLE