WELCOME LETTER. The Perfect Location for Your Subro Education.

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2 PARIS LAS VEGAS

3 WELCOME LETTER The Perfect Location for Your Subro Education. Please do not miss NASP s 2012 Annual Conference to be held at the Paris Hotel on the famous Las Vegas strip. We invite you to be part of the excitement that is Las Vegas, to enjoy the quaint village atmosphere of the Paris Hotel and to take advantage of the opportunity to connect with old friends, make new ones, enrich your subrogation knowledge and perhaps hit that inside straight. Though famous for its adult night life, Las Vegas has entertainment and recreation for all ages, so bring the family. Usually what happens in Vegas, stays in Vegas. But not after attending the NASP Conference. Every attendee will bring back a wealth of knowledge gained from over 70 educational sessions offered in 7 educational tracks covering all aspects of subrogation and recovery: AUTO, PROPERTY, PRODUCTS LIABILITY, WORKERS COMPENSATION, HEALTH, MANAGEMENT and GENERAL. Legal and factual scenarios are discussed and in some instances dissected. Most Tracks will have sessions providing updates on recent case law and statutory changes as well as trends to watch. The speakers and topics were chosen from hundreds of submissions and we truly feel we have some of the best speakers in their respective fields. Your participation serves to escalate the free and open exchange of ideas, experience and knowledge which is the trademark of NASP. In addition to the classroom or session learning experience, the Conference will have numerous exhibitors to show, discuss and offer the latest in science, technology, services and programs to not only help you in your subrogation/recovery claims handling but, perhaps more importantly, improve your results. Visiting with the exhibitors is a large part of the learning experience at the Conference. As with prior conferences, the Golf and Tennis Tournaments will be held on Sunday, so come early, have some fun and get those competitive juices flowing. In deference to the professionals, this year we will not be holding the Sunday Night Texas Hold Em Tournament. We are sure those looking will be able to find a place to challenge their card playing knowledge. Sunday night offers a reception for first-timers where we will offer suggestions on how to get the most out of the Conference experience. Then, of course, our Sunday evening Grand Reception for all attendees kicks off the Conference. We thank our sponsors and exhibitors. Their contribution to the Conference allows us all to have fun, enrich our subrogation knowledge, add to the prestige of NASP and perhaps provide some entertainment. You really do not want to miss this year s Conference. Please join us at CIRQUE DU SUBRO. Susan Benson and Thomas Stack CONFERENCE CO-CHAIRS 2012 NASP CONFERENCE 3

4 REGISTRATION INFORMATION TO REGISTER, PLEASE VISIT Early Registration (on or before September 18, 2012) (Includes all Educational Sessions / Sunday Night Reception / Breakfast, Lunch & Reception on Monday and Tuesday / Breakfast on Wednesday) Member $935 Non Member $1,295 Late Registration (After September 18, 2012) (Includes all Educational Sessions / Sunday Night Reception / Breakfast, Lunch & Reception on Monday and Tuesday / Breakfast on Wednesday) Member $1,150 Non Member $1,495 Conference Guest Registration $185 Conference Guest Registration is available only to spouses and personal guests of Conference registrants. This fee includes admittance to the evening receptions on Sunday, Monday and Tuesday ONLY. Conference Guest Registration does NOT allow guests access to the educational sessions or the exhibit hall during the morning or afternoon periods of the Conference. Conference guests are eligible to register for the Golf Tournament. Conference Guest Registrations must be accompanied by a full- Conference Attendee Registration. Save Hundreds Of $$ By Becoming A Member Of NASP! Members receive significant discounts on Conference registrations. Join now to receive the member Conference rate and take advantage of ALL the benefits that a NASP membership has to offer. Please visit the NASP website for more information or contact Joanne Corcoran, NASP s Membership Coordinator , for more information NASP CONFERENCE

5 Continuing Legal Education (CLE) Credits $150 * There is an additional fee of $ for filing for CLE credits for your attendance at this Conference. No CLE credits will be provided if payment is not made. An Official Record of Attendance form will be provided at the registration desk to all individuals registered for CLE. Because of strict deadlines set by the States, the CLE forms must be returned to the NASP registration desk prior to the end of the conference on Wednesday, November 14, 2012 or mailed to the NASP staff office before November 30, 2012 for official filing. *Provided by CEU Institute Continuing Education (CE) Credits For Adjusters $100 * There is an additional fee of $ for filing for Continuing Education (CE) Credits for Adjusters for your attendance at this Conference. No CE credits will be provided if payment is not made. An Official Record of Attendance form will be provided at the registration desk to all individuals registered for CE. The CE forms must be returned to the NASP registration desk prior to the end of the conference on Wednesday, November 14, 2012 or mailed to the NASP staff office before November 30, 2012 for official filing. *Provided by CEU Institute Cancellation Policy Written cancellation postmarked or faxed on or before September 18, 2012 will receive a refund of all fees, less a $ cancellation fee. After September 18, 2012, no refunds will be given. Recommended Attire The dress code for the NASP Conference is business casual. Pre-Registration Upon checking in at the Conference, all attendees will be provided with a list of individuals registered for the Conference. This list will provide ONLY the attendee s name, company, city and state. To be included on the Pre-registration List, your registration must be received no later than October 12, NASP CONFERENCE 5

6 SPECIAL EVENTS Golf Classic Join us for the 2012 NASP Golf Classic on Sunday, November 11th at Bear s Best. To create this masterpiece, Jack Nicklaus himself hand selected holes from his more than 200 phenomenal course designs worldwide, encompassing all of his favorites into one extraordinary round of golf. This high-end course includes manicured bent grass greens, challenging designs, and immaculate fairway/tee complexes. REGISTRATION FEE: $ Includes greens fees, cart, continental breakfast, hot buffet lunch, hole-in-one contest and transportation to and from the Paris Hotel to the course. CLUB RENTAL: Rentals are available on a first-come, first-served basis. Advanced reservations are recommended by calling Bear s Best pro shop at ATTIRE: Bear s Best requires collared shirts, spike-less or soft-spike golf shoes only; tennis shoes are okay. No denim of any kind, please. Tennis Tournament Bring your rackets! The warm, sunny Vegas weather in November provides lots of great opportunities to get out and play. Join us on Sunday, November 11th from 9:00 a.m. 12:00 p.m. for the annual NASP Tennis Tournament at the Bally s tennis complex. REGISTRATION FEE: $50.00 Includes beverages, lunch and awards. Sign up for Golf or Tennis when you register for the conference. Or, you may contact the NASP staff office ( ) to add Golf or Tennis to your existing registration NASP CONFERENCE

7 BEAR S BEST GOLF COURSE Bear s Best (Las Vegas) West Flamingo Road Las Vegas, NV NASP CONFERENCE 7

8 HOTEL INFORMATION Paris Las Vegas Hotel & Casino Las Vegas, NV Room Rate $200 This rate is effective three (3) days prior to and three (3) days after the NASP Conference, subject to availability of rooms at the time of reservation. Reservations can be made via the Conference page of the NASP website: Requests for reservations must be received by October 23, 2012 to receive the discounted group rate. There are a limited number of rooms available at this rate. Please make your reservations early NASP CONFERENCE

9 2012 NASP CONFERENCE 9

10 NASP CONFERENCE

11 SESSIONS BY TRACK Monday, November 12, 2012 M.1.1 M.2.1 M.3.1 M.4.1 M.1.2 M.2.2 M.3.2 M.4.2 M.1.3 M.2.3 M.3.3 M.4.3 M.1.4 M.2.4 M.3.4 M.4.4 AUTO Buried Treasure: Recoveries from Dormant Judgments and Beyond! Intercompany Arbitrations: The Untold Truth About Counterclaims Proving Complex Damages in Auto Cases Recent Trends and Developments in Auto Subrogation PROPERTY Using Ethics to Maximize Recoveries: Who Thought That was Possible? Cutting Edge Management of Wildfire Subrogation - The Big Burn Responding to Chemical Disasters Gas Explosions HEALTH Medicare Advantage Third Party Liability Recovery: The Good, Bad and Ugly Balancing the High-Wire Act! Reducing Despite Your Rights to 100% Recovery Year-End Review of State and Federal Legal Challenges Affecting Subrogation Reimbursement and What s Next for 2013? It Takes a Village to Raise Subrogation Results MANAGEMENT Auto Benchmarking Women in Subrogation - A Colloquium Attitude, Ability and the 80/20 Rule Subrogation Management for Small and Midsize Insurance Carriers 2012 NASP CONFERENCE 11

12 SESSIONS BY TRACK M.1.5 M.2.5 M.3.5 M.4.5 M.1.6 M.2.6 M.3.6 M.4.6 M.1.7 M.2.7 M.3.7 M.4.7 WORKERS COMP Recent Trends and Developments in Workers Compensation Subrogation Subrogating the Slip and Fall Claim Employer Contribution in Workers Compensation Subrogation Do I Have Your Permission to Record This? How to Take an Effective Recorded Statement of an Injured Worker GENERAL Use of Technology in Subrogation Cases - Keys to Success or High-Tech Waste of Time? A Picture is Worth Thousands of Dollars! Using Photographs Effectively and Maximizing Recovery in Small Subro Claims FDCPA, FCRA and Subrogation Laser Scanning Scene Documentation: The Best Scene Documentation Tool in the Toolbox PRODUCT LIABILITY TRACK Product Liability Update: Recent Developments in the Laws Hot and Cold Losses: Commercial Furnace, Boiler and Chiller Failures Lightning and CSST: Overcoming the Act of God Defense and Obtaining a Recovery Corrosion and Subrogation NASP CONFERENCE

13 SESSIONS BY TRACK Tuesday, November 13, 2012 T.1.1 T.2.1 T.3.1 T.4.1 T.5.1 T.1.2 T.2.2 T.3.2 T.4.2 T.5.2 T.1.3 T.2.3 T.3.3 T.4.3 T.5.3 T.1.4 T.2.4 T.3.4 T.4.4 T.5.4 AUTO Analyzing Short-Distance Vehicle Acceleration - A Subrogation Tool Large Truck, Right Turn What Really Happened? The Uninsured Responsible Owner and Practical Ways to Maximize Recovery Motorcycle Accidents and Component Failure: Technical Analyses and Subrogation Tactics No-Fault Subrogation and Indemnity Across the US PROPERTY Proving General Contractor Liability for Negligence of a Subcontractor Hydraulic Fracturing and the Potential for Subrogation Recovery If the Fire is Electrical, Have You Considered the Utility Company May be the Culprit? Recent Developments, Trends and Decisions in Property Subrogation Fire Spread: Practical Strategies for Developing Fire Spread Liability Theories HEALTH Equitable Defenses to Subrogation in a Post-McCutcheon World: What They Are and Are Not Will Obamacare and National Insurance Exchange Spell the End of ERISA Remedies? Self-Insured Subrogation: A Discussion of the Unique Issues Stop Clowning Around! Don t Throw Pies in the Plaintiff Attorney s Face (with WC Track) Strategic Considerations and Practical Concerns Prior to Filing a Reimbursement Action MANAGEMENT Subrogation HR Management Roundtable How to Get to the Corner Office Maximizing Employee Production and Minimizing Employee Burnout: Workforce Management in the 21st Century Building Effective Business Relationships with Subrogation Counsel Ethics in Management 2012 NASP CONFERENCE 13

14 SESSIONS BY TRACK Tuesday, November 13, 2012 WORKERS COMP T.1.5 State Specific Subrogation - Coast to Coast T.2.5 Evaluating and Negotiating Complex Workers Compensation Claims: A Subro Workshop T.3.5 Legal and Engineering Aspects of Machinery and Equipment in Workers Compensation Cases T.4.5 Stop Clowning Around! Don t Throw Pies in the Plaintiff Attorney s Face (with Health Track) T.5.5 Identifying and Pursuing Defective Medical Device and Prescription Drug Claims GENERAL T.1.6 NFPA 921: Not Just for Fire - Developing a Well-Founded Opinion T.2.6 Writing Effective Contentions T.3.6 Self-Insured Subrogation: A Discussion of the Unique Issues T.4.6 Navigating the Channels of Bankruptcy to Preserve the Ability to Land a Recovery T.5.6 Cargo Claims, Maximize your Recovery PRODUCT LIABILITY TRACK T.1.7 Water Heater Connector Failure Due to Design Defect T.2.7 Lithium-Ion Rechargeable Batteries: Fueling the Worlds of Technology and Tort T.3.7 Investigating Sprinkler Losses: Gathering the Right Evidence T.4.7 Fireplace Fires T.5.7 Subrogation Recovery When a Plastic Tube, Pipe or Fitting Fails Wednesday, November 14, 2012 GENERAL W.1.1 Amicus Committee Update NASP CONFERENCE

15 CONFERENCE AGENDA Sunday, November 11, :30 AM SHUTTLES WILL DEPART FROM THE MAIN LOBBY OF THE PARIS HOTEL FOR GOLF COURSE Breakfast at Bear s Best Golf Course 8:00 AM 12TH ANNUAL GOLF TOURNAMENT BEGINS Shot Gun Format Hotel shuttles will be provided for guests staying at the Paris Hotel. Please check in with NASP staff at the registration table outside of the Pro Shop. 9:00 AM NOON 8TH ANNUAL TENNIS TOURNAMENT 11:00 AM 7:30 PM REGISTRATION IS OPEN FOR EXHIBITORS 2:00 PM 7:30 PM REGISTRATION IS OPEN FOR ATTENDEES 4:45 PM 5:30 PM FIRST TIME ATTENDEES RECEPTION Are you a first-time attendee to the NASP Conference? If so, please plan to attend this reception and learn how to get the most of your conference experience. You will receive an invitation in October. RSVP is necessary for this event. 6:00 PM 8:00 PM SUNDAY NIGHT RECEPTION 2012 NASP CONFERENCE 15

16 CONFERENCE AGENDA Monday, November 12, 2012 The Registration Desk will be open from 7:00 AM 6:00 PM. 7:00 AM 8:00 AM BREAKFAST 8:00 AM 8:45 AM GENERAL SESSION 8:45 AM 10:00 AM KEYNOTE PRESENTATION: MIKE RAYBURN In his hilarious, musically amazing, motivational keynote, What If...? Mike Rayburn does what no other presenter can do. Not only is Mike a world-class guitarist and stand-up comedian, he is an authority on personal development and human potential. In this energetic presentation, Mike uses his guitar and comedy to teach three simple, powerful tools attendees can use immediately and forever to access their unrealized potential, to look at old things in a new way, and to leap beyond their perceived limitations. These are the tools which took Mike from playing for seven people in a bar in Virginia to standing ovations at Carnegie Hall. They work. For anyone. And everyone. Always. 10:00 AM 10:30 AM REFRESHMENT BREAK 10:30 AM 11:45 AM CONCURRENT SESSIONS #1 M.1.1 Buried Treasure: Recoveries from Dormant Judgments and Beyond! (Auto) An unsatisfied judgment is just that, unsatisfying. The all too-common presumption is that most judgments are uncollectible. If even a fraction of these judgments were even partially satisfied, bottom lines across income statements would realize meaningful increases. Collecting judgments requires some good old fashion persistence, less money than one might presume and the return on investment can be significant. This presentation will be valuable to the insurer/creditor who seeks to add value to their subrogation files and bottom lines through as yet unrealized recoveries and to attorneys who seek to add value to their representation through an additional skill set whose potential remains largely unrealized. M.1.2 Using Ethics to Maximize Recoveries: Who Thought That was Possible? (Property) Compliance with ethical rules and standards is certainly a requirement for all subrogation professionals, but can ethical rules and standards also help increase your subrogation recoveries? This intermediate-to-advanced level presentation will address a variety of case scenarios to help demonstrate how ethical rules and standards can assist in increasing subrogation recoveries. This interactive presentation will include some audience discussion, and will address the ethical rules and standards governing the conduct of subrogation adjusters, attorneys and expert investigators. Topics will include evidence preservation, notice requirements, excess judgment claims, pro rata sharing agreements and investigation & testimonial standards NASP CONFERENCE

17 M.1.3 Medicare Advantage Third Party Liability Recovery: The Good, Bad and Ugly (Health) After a spate of state and federal court decisions that narrow and outright reject the argument that Medicare Advantage plans have a private right of action under the Medicare Secondary Payer Act, is there any good to be found in the bad and the ugly? Learn about the viability of a MA plan s third party liability recovery claim during discussion of the major cases and a thoughtful approach to asserting recovery claims against MA recipients or primary payers. M.1.4 Auto Benchmarking (Management) The overall objective of auto benchmarking studies is to provide meaningful comparisons and to identify best practices for improving performance in these areas. The analysis will result in the most comprehensive automobile subrogation study completed within the insurance industry. The auto study typically focuses on the personal and commercial lines of business with particular concentration in the collision and PIP/Med Pay coverage areas. In partnership with the Ward Group, participants proprietary information is strictly confidential and is never compromised in the process or with the release of the benchmarking report. All participants will receive a report benchmarking their company s results against the entire group of participants. This session will examine and discuss the benefits of measuring a company s auto subrogation performance through benchmarking data and dashboard services offered by NASP. M.1.5 Recent Trends and Developments in Workers Compensation Subrogation (Workers Comp) This session is a discussion of legal developments relating to workers compensation subrogation that have occurred across the country over the past year. The presentation will cover both recent judicial opinions, as well as legislative changes. The discussion will emphasize current hot-button issues in the world of workers compensation subrogation that extend across state lines and are likely to have a significant impact on a carrier s ability to recover workers compensation benefits paid. Presentation attendees will receive a booklet containing summaries of all of the headline cases and legislation from the past year. M.1.6 Use of Technology in Subrogation Cases - Keys to Success or High-Tech Waste of Time? (General) New technology can be used to manage big and small subrogation cases, help organize and maximize discovery, and prove invaluable at trial during case presentation. This session is designed for both Old School lawyers and Tech Wizards, and will discuss the use of e-service, electronic document production, video taped depositions, native formats of photographs and spreadsheets, data mining from produced materials, Powerpoint presentations, animation, obtaining and blocking meta data production and much more. Technology can be done costeffectively and used even in the smaller case. The speakers will provide keys to success and how to avoid pitfalls NASP CONFERENCE 17

18 CONFERENCE AGENDA M.1.7 Product Liability Update: Recent Developments in the Law (Product Liability) The Presentation will begin with a brief summary of how current day products liability law developed into what it is now to place ongoing developments in context. Topics covered will include product liability statutes, statutes of repose, offering the safer alternative design both as a requirement and a strategy, the admissibility of industry standards and development of the risk utility balance test. Practical aspects covered include use of human factors experts in failure to warn cases and inadequate warnings cases, challenging the no other similar accidents defense and the use of industry standards as a sword for the plaintiff instead of the shield for the defendant. 11:45 AM 12:45 PM LUNCH 12:45 PM 2:00 PM CONCURRENT SESSIONS #2 M.2.1 Intercompany Arbitrations: The Untold Truths About Counterclaims (Auto) This presentation is designed to help participants reduce leakage by identifying counterclaims in arbitration and understanding how they are triggered through a company s first party subrogation payment. The presentation will also provide a detailed explanation of Rule 2-2, the timeframes involved to file a counterclaim, and the exceptions that prelude collection of subrogation dollars. Finally, there will be a demonstration on how to submit a counterclaim and upload evidence via Arbitration Forums Online Filing system. M.2.2 Cutting Edge Management of Wildfire Subrogation - The Big Burn (Property) This dynamic and interactive presentation will reveal the advantages of a team approach to developing a wildfire subrogation case. Analysis of external factors such as multiple ignitions, first responder actions, building code issues, weather influences, code compliance, and potential spoliation will be explored, as well as the relevance of remote weather station data and the use of LIDAR (Light Detection and Ranging) technology as it relates to wildfire origin and cause. The utilization of case studies, hands-on demonstrations, and a humorous approach will provide attendees with valuable information for use in building or defending a plaintiff s case in wildfire subrogation. M.2.3 Balancing the High-Wire Act! Reducing Despite Your Rights to 100% Recovery (Health) Over the past several years, some benefit plans have become accustomed to favorable laws allowing outright preclusion of any limiting equitable doctrine to their recovery rights. However, recent trends have shown many states, circuits, even the Federal Government in health care reform, attempting to reestablish equitable limitations. As a result, it has become more difficult to balance plan rights against plan interests as well as the good of the industry given the inherent bias against subrogation in the electorate. We will discuss the stigma that surrounds reducing and the potential value of imposing reasonable reductions on plan s rights. M.2.4 Women in Subrogation - A Colloquium (Management) This interactive discussion will focus on women in the insurance industry and the unique challenges and opportunities we face during our careers. We will discuss issues such as communication, professional development, creating your own brand, working with colleagues and creating an environment that will help you enjoy a fulfilling and rewarding career. The panelists will share some practical tips, based on experience, that can help you avoid pitfalls of professional development and help you turn a challenge into an opportunity NASP CONFERENCE

19 M.2.5 Subrogating the Slip and Fall Claim (Workers Comp) A slip-and-fall is a common claim with employees, and injuries related to legitimate falls can be severe or fatal. Subrogation of these claims requires specialized expertise and a multi-faceted approach. Issues include the claimant s fall, walkway hazards, and the duty of care owed the pedestrian. Walkway traction will be discussed, as numerous codes/standards require adequate traction without defining how it is to be measured. Although traction testing has enjoyed a mixed reputation for accuracy, recent advances in human subject research, improved test methodologies, new standards, and the general state of the art will be reviewed. M.2.6 A Picture is Worth Thousands of Dollars! Using Photographs Effectively and Maximizing Recovery in Small Subro Claims (General) What do you do when faced with a small claim, no expert, and a few photographs? Photographs can be worth a thousand words and often, thousands of dollars! Learn what types of photographs can best tell your claim s story and when you need to ask your claim representative or insured to take additional photographs or locate pre-loss photographs to maximize your recovery during settlement discussions or in preparation for court appearance. The presentation will include good and bad examples of photographs from common small property subrogation claims, with explanations of what kinds of photographs would be best for each scenario. M.2.7 Hot and Cold Losses: Commercial Furnace, Boiler and Chiller Failures (Product Liability) Working with your engineering expert is critical in the management of a large loss case involving commercial/industrial process equipment. The exposure on these losses can involve product liability, workers compensation and property claims. This interactive session will discuss working with your experts to get the information you need to guide your end-game strategy. Case studies will look at large losses involving industrial dryers, boilers and steam valves, commercial air handling and cooling towers. 2:00 PM 2:15 PM MOVEMENT BREAK 2:15 PM 3:30 PM CONCURRENT SESSIONS #3 M.3.1 Proving Complex Damages in Auto Cases (Auto) Have you ever wanted to know how a vehicle s total loss value was determined or how a carrier decided how much to pay in a bodily injury Uninsured Motorist settlement? Attendees at this session will walk away with a better understanding of how such damage figures were arrived at and how to best present them to the decision maker in auto subrogation claims. The session will highlight common arguments by opposing parties who attempt to reduce the subrogated claim amount and how to best counter these defenses. M.3.2 Responding to Chemical Disasters (Property) This presentation addresses the basic requirements for a safe and effective investigation of a chemical disaster (toxic release, fire or explosion). The course will enable adjusters and attorneys to better understand the technical, schedule, and financial impacts of a hazardous chemical release investigation. Two major topics will be addressed: 1) Requirements for protecting the investigators and the surrounding community during the field investigation; and 2) Best practices for capturing essential evidence to determine the origin and cause of the release. Particular attention will be given to training requirements, information sources for chemical hazard, personal protection equipment, chemical monitoring, logistics and evidence collection NASP CONFERENCE 19

20 CONFERENCE AGENDA M.3.3 Year-End Review of State and Federal Legal Challenges Affecting Subrogation Reimbursement and What s Next for 2013? (Health) Join a discussion covering significant health care subrogation and reimbursement developments since NASP s 2011 Annual Conference. The discussion will focus on major decisions affecting subrogation and reimbursement, including the state of appropriate equitable relief as courts interpret the Third Circuit s U.S. Airways v. McCutchen opinion, proper ERISA defendants arising out of CGI v. Rose, special needs trust trumping ERISA subrogation interest in ACS Recovery Services, Inc. v. Griffin and privacy issues. The discussion will also include any developments in anti-subrogation/reimbursement legislative efforts. M.3.4 Attitude, Ability and the 80/20 Rule (Management) In this session, we will discuss the concept long held by most performance management experts; that the truly exceptional performers distinguish themselves not by their abilities, but how they view themselves and the world around them. The secret is NOT just in having a positive attitude. The secret is in what drives truly exceptional performers to excel. What are Truly exceptional performers? M.3.5 Employer Contribution in Workers Compensation Subrogation (Workers Comp) As we celebrate the 100th anniversary of workers compensation in America, we are witnessing the erosion of the exclusive remedy rule which for years has protected employers direct liability to employees and third party contribution claims. We are witnessing the wholesale abandonment of this fundamental underpinning of the workers compensation social compact. Contribution claims resulting in fresh money liability for employers (Coverage B) and reduction and/or elimination of statutory liens due to employer negligence are on the rise. Join us as we navigate the minefield that has become employer liability in today s workers compensation subrogation environment. M.3.6 FDCPA, FCRA and Subrogation (General) An increase in consumer complaints regarding aggressive collection efforts by creditors and their third party debt collector agents have prompted some states to further regulate debt collectors and expand state consumer protection laws. As such, many of the restrictive notice requirements and provisions of the FDCPA might well apply to all subrogation claims. This session will discuss which claims are subject to FDCPA provisions, who is entitled to obtain credit reports, and other changes in the law that may affect each and every subrogation professional. M.3.7 Lightning and CSST: Overcoming the Act of God Defense and Obtaining a Recovery (Product Liability) Attendees of this presentation will gain valuable insight into a subrogation opportunity where, at first glance, it may seem unlikely because the initial description of the loss indicates that the loss was caused by lightning. This presentation will give attendees a detailed look into the investigation and litigation of CSST claims. Specifically, attendees will learn about the origin of CSST and the development of the product as an alternative to black iron pipe. Attendees will learns how these losses occur and the issues that arise in the pursuit and litigation of these claims. 3:30 PM 4:00 PM REFRESHMENT BREAK NASP CONFERENCE

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