2015 CLAIMS MANAGEMENT SEMINAR We are pleased to present our complimentary 2015 Claims Management Seminar! You and your co-workers are invited to a full day seminar for which you will receive adjuster continuing education credits. The Liability Program will consist of three morning sessions, including a presentation on updated Case Law for 2015. In the afternoon, you will choose from three sets of hour-long breakout sessions that are customized, allowing you to select the programs that best meet your needs and interests. The Workers Compensation Program will consist of a new 5 Hour Law and Ethics Update Course for Adjusters (CE5-620). This course complies with Florida Statute section 626.2815, which requires a biennial 5 hour update course. The program will educate the participant on a wide array of regulatory requirements, procedure and structure involved in the process of Workers' Compensation Claims handling. Topics include regulatory awareness, insurance law and updates, ethical requirements and disciplinary and industry trends. The program will also have 2 separate hour-long breakout sessions that are not accredited with the 5 Hour Law and Ethics Course. Please note in order to receive all your credits for the 5 Hour Law and Ethics Adjuster Course, you must be present the entire time and cannot attend any other sessions. We will serve a complimentary continental breakfast and luncheon and we invite you to attend our cocktail reception following the conclusion of the programs. We anticipate a large number of attendees and our space is limited. We will only be able to accommodate attendees on a first come, first serve basis, and our existing clients have priority. If you have questions, please contact Lori Ryder at 954-518-1269. DATE/VENUE Friday, April 17, 2015 BROWARD COUNTY CONVENTION CENTER 1950 Eisenhower Boulevard Ft. Lauderdale, Florida 33316 (954) 765-5900 (Identification is required to enter the Port.) (See attached directions.) PARKING Parking is complimentary at both venues. REGISTRATION Friday, May 8, 2015 ROSEN CENTRE HOTEL 9840 International Drive Orlando, Florida 32819 (407) 996-9840 (See attached directions.) Online: Go to www.conroysimberg.com, click on the News/Events page and complete the registration form. Please allow five days for email confirmation of your registration. Fax: Complete the attached registration form in its entirety. Fax to Lori Ryder, 954-518-8669. Email: Complete the attached registration form in its entirety. Email to Lori Ryder, lryder@conroysimberg.com. CONTINUING EDUCATION CREDIT Liability Defense, PIP and First Party Property Claims Program: Approved for 6 law credits by The Florida Department of Financial Services. Workers Compensation Program: Approved for 6 credits (5 law and 1 ethics) by The Florida Department of Financial Services. For Florida attorneys who need CLE credits, both programs are approved by The Florida Bar.
LIABILITY DEFENSE PROGRAM 7:00 a.m. 8:30 a.m. 8:30 a.m. 9:00 a.m. 9:00 a.m. 9:50 a.m. 9:50 a.m. 10:00 a.m. 10:00 a.m. 11:00 a.m. 11:00 a.m. 12:00 p.m. 12:00 p.m. 1:00 p.m. REGISTRATION - CONTINENTAL BREAKFAST Welcoming Remarks - Introduction and Movie Case Law Update 2015 - (1 law credit) In this presentation, we will discuss important case law from the past year, with emphasis on cases relating to insurance and claims handling issues. MORNING BREAK LEASHING THE LIZARD: Introduction to the Reptile Theory from the Defendant s Perspective (Part 1) - (1 law credit) The timely creation of an interdisciplinary team is critically important to the effective identification, evaluation, defense, and resolution of a case. Insurance adjusters need to comprehend the Reptile Brain Theory in order to be effective and to efficiently handle and resolve claims. David Ball and Don Keenan contend that the tactics and strategies set out in their book, "Reptile: The 2009 Manual of The Plaintiff's Revolution," have resulted in verdicts across the country totaling over six billion dollars. In this session, we define the Reptile Brain Theory, explain its neuroanatomical foundation, and discuss flaws in the theory s core principles and formulas. We then redefine the Reptile Brain Theory and explain why it matters to insurance adjusters who are defending and attempting to resolve claims. Finally, we provide practical tips for recognizing and responding to reptilian tactics during the deposition of Defendant s Corporate Representative in order to minimize exposure to the insurance carrier. LEASHING THE LIZARD: How to Exploit the Reptile Theory During Discovery and at Trial (Part 2) - (1 law credit) In this session, we provide practical tips for recognizing and responding to reptilian tactics at mediation and trial. Specifically, we explain how Plaintiff attorneys use the reptile strategy during voir dire and opening statements. We also describe how focus groups can be used to exploit the Reptile Brain Theory and minimize exposure pre-suit and during litigation. COMPLIMENTARY LUNCH Bruce F. Simberg Jeffrey A. Blaker Hinda Klein Bill Kanasky, Ph.D. Dale L. Friedman Jonathan C. Abel Scott D. Krevans Michael J. Paris Shannon P. McKenna John L. Morrow Stuart F. Cohen Todd M. Feldman Meghan M. Cox 12:45 p.m. 1:15 p.m. CONTINUING EDUCATION IDENTIFICATION CHECK-IN
LIABILITY DEFENSE PROGRAM CONTINUED WORKSHOPS 1:15 p.m. - 2:15 p.m. Help Us Help You: How To Properly Prepare Your Claim File for Subrogation - (1 law credit) Taught by lawyers that handle recovery and subrogation work, this seminar will provide adjusters and claims handlers with information that will allow them to better prepare their files when there is a potential for recovery and give their companies the best chance for a successful recovery. Stuart F. Cohen Todd M. Feldman Shannon P. McKenna Junking Plaintiff's Junk Science: Daubert and Other Evidentiary Issues Impacting the Admissibility of Expert Testimony - (1 law credit) This will be a discussion of the prolific use of experts and Florida's recent enactment of the Daubert Standard and other evidence code provisions that impact the admissibility of expert testimony and cross examination of experts. Jeffrey A. Blaker John A. Lurvey Thomas J. McCausland PIP: True Detective - (1 law credit) In this course, we will update adjusters on recent changes to PIP statute and tips on effectively adjusting PIP claims in light of recent court decisions. Edward N. Winitz Rachel H. Minetree Melissa G. McDavitt Kristan S. Coad Matthew J. Corker Claims Handling Considerations When Coverage Issues Are Present Don t Let The Fine Print Result In A Faux Pas! - (1 law credit) A guide to alert claims handlers of the potential problems that can arise when the insurer wishes to assert coverage defenses. John Edward Herndon, Jr. Rodney C. Lundy
LIABILITY DEFENSE PROGRAM CONTINUED WORKSHOPS 2:25 p.m. - 3:25 p.m. Medical Evidence in Litigation: Understanding Degenerative Disc Disease - (1 law credit) Medical evidence is a key component that every claims examiner, risk manager, and other claims personnel needs to understand in order to properly evaluate and defend a claim. The ability to understand specific issues to look for and identify in reading interpretive reports of x-rays and MRIs will separate the average claims adjuster from the one that excels and raises issues beyond the norm during pre-suit negotiations. Millard L. Fretland Thomas J. McCausland Jeffrey A. Carter Cristobal A. Casal Mitchell Silver American Horror Story: The Premises Liability Chapters - (1 law credit) To provide claim examiners with a better understanding of case law and statutory law applicable to premises based negligence claims and how to better evaluate personal injury and wrongful death claims from the initial notice of loss through litigation, as well as an analysis of claims involving minors, landlord tenant issues, independent contractor liability and negligence principles applicable to the different classifications of guests on premises. Christopher T. Corkran Stephan M. Greco Gregory A. Jackson Yasmine Kirollos Maria D. Ortiz R U Smarter Than A Plaintiff? Discussion of Business Related Claims - (1 law credit) Insurance carriers and their business clients frequently have lawsuits involving specific common law and statutory claims applicable only to business entities. This session addresses some of the claims that can be brought against business entities, specific details relevant to those claims and the defenses applicable to those claims. Dale L. Friedman Robert A. Bouvatte Jr. David S. Rothenberg Rebecca J. Williams The Destruction of Construction: An Update of Ongoing Topics in Construction Law - (1 law credit) This course will focus on current Florida law regarding the legal standards for defending and litigating construction claims and lawsuits, including a construction case law update. Jayne A. Pittman Michael K. Wilensky John A. Howard Timothy O. McMahon Albert E. Blair Jeffrey K. Rubin
LIABILITY DEFENSE PROGRAM CONTINUED WORKSHOPS 3:35 p.m. - 4:30 p.m. The Rising Tide of Water Losses and How to Part the Waters Towards a Proper Coverage Determination - (1 law credit) This session will provide a primer on Florida law governing the adjustment of water loss claims, including the various policy provisions on coverage, recent case law and options for the payment of claims. Faith No More - A Primer to Avoid Claims of Bad Faith - (1 law credit) This session will provide claim examiners with a better understanding of case and statutory law applicable to bad faith claims and how to avoid potential excess exposure by better handling all claims first party and third party so as to comply with the carriers obligation to act fairly and honestly toward policy holders with due regard for their interests. The Return of Crash Bandicoot - Auto Liability Issues - (1 law credit) This presentation will provide claims professionals with information on relevant law, procedures and practice tips relevant to the evaluation and defense of claims related to automobile accidents, including liability, uninsured and underinsured motorist and auto accident claims involving intoxication and punitive damages. Marc J. Gutterman Robert S. Horwitz Joseph M. Sette Chandler Black Diane H. Tutt Michael Kraft Joshua C. Canton Marc M. Crumpton Jr. Marlo A. Bodach Sarah Finney Kjellin Chandler E. Bonanno Living (And Dying) Vicariously: Liability For The Fault of Others In General Liability and Medical Malpractice Suits - (1 law credit) We address the concept of vicarious liability, with respect to the theories often pursued by Plaintiffs, including actual agency, apparent agency, and non-delegable duty, and discuss defenses to a claim predicated on liability. Jonathan C. Abel Michael S. Kast John S. Stevens Darlene Stosik Cocktail Reception 4:30 p.m.
WORKERS COMPENSATION PROGRAM 7:00 a.m. 8:30 a.m. 8:30 a.m. 8:45 a.m. REGISTRATION - CONTINENTAL BREAKFAST Opening Remarks Neal L. Ganon 5 Hour Law and Ethics Update Course for Adjusters CE5-620 This course complies with Florida Statute section 626.2815 which requires a biennial 5 hour update course. The program will educate the participant on a wide array of regulatory requirements, procedure and structure involved in the process of Workers' Compensation Claims handling. The course is designed to update the licensee on current law, ethical requirements in adjusting along with disciplinary and industry trends in Workers' Compensation. Topics include regulatory awareness, insurance law and updates, ethical requirements and disciplinary and industry trends. 9:00 a.m. 10:00 a.m. 10:00 a.m. 12:00 p.m. Regulatory Awareness This course on regulatory awareness will educate the participant on a wide array of regulatory requirements, procedure and regulatory structure involved in the process of workers' compensation claims handling. Insurance Law and Updates (2 hours) In this presentation, we will review recent cases and trends in workers compensation law and how they impact the handling of a claim. Thomas R. Criss Christopher A. Tice Manuel F. Alvarez Jonathan E. Walker Jack A. Weiss Katherine G. Letzter 12:00 p.m. 1:00 p.m. COMPLIMENTARY LUNCH 1:00 p.m. 2:00 p.m. Ethical Requirements and Disciplinary We will analyze the Florida statutes and Florida administrative code governing adjuster code of ethics, together with recent case law and their impact on a carrier s ethical obligations. Alison J. Schefer Daniel J. Simpson 2:00 p.m. 3:00 p.m. Disciplinary and Industry Trends In this course, we will provide analysis of proper claims entitles and impact upon claims handling and review Section 626.901 and its impact on Chapter 440. Christian Petric Stephanie A. Robinson Please note for the Orlando seminar held on May 8, 2015, we have permission from the State to switch the Ethical Requirements and Regulatory Awareness time slots. The Ethical Requirements session will be the first session presented that day.
WORKERS COMPENSATION PROGRAM Additional Workers Compensation Breakout Sessions. Please note that these sessions are NOT accredited as part of the 5 Hour Law and Ethics Update Course for Adjusters. 3:00 p.m. 4:00 p.m. The Pendulum has Swung - Analysis of Claimant s Burden of Proof in Claims for Compensability and Medical Benefits - (1 law credit) We will analyze recent case law and its impact on the decreasing burden of proof for Claimants to establish when seeking claims for compensability and medical benefits. Esther Zapata Ruderman 3:00 p.m. - 4:00 p.m. Why Does An Injured Worker Hire An Attorney? (No credit) Law firms spend millions of dollars annually to answer this question. The answers determine how advertising is driven, social media is directed and where the money goes. The answer can be as varied as the client, but there are some basic needs and emotional components that drive one toward this action. Steven P. Pyle Cocktail Reception 4:30 p.m.
REGISTRATION Please complete your registration online at www.conroysimberg.com under Events OR complete this form in its entirety and fax or email to Lori Ryder, 954-518-8669, lryder@conroysimberg.com. If you have any questions, please contact Lori Ryder at 954-518-1269. Friday, April 17, 2015 BROWARD COUNTY CONVENTION CENTER 1950 Eisenhower Boulevard Ft. Lauderdale, Florida 33316 (954) 765-5900 Friday, May 8, 2015 ROSEN CENTRE HOTEL 9840 International Drive Orlando, Florida 32819 (407) 996-9840 Name and Title: Company: Street Address: City, State, Zip Telephone No. Email Address Liability Defense, PIP and First Party Property Claims Session Workers Compensation: 5 Hour Law and Ethics Update Course for Adjusters CE5-620 Liability Defense, PIP and First Party Property Claims Workshops: Choose one for each timeframe. 1:15p.m. 2:15p.m. 2:25p.m. 3:25p.m. Help Us Help You: How To Properly Prepare Your Claim File for Subrogation Junking Plaintiff's Junk Science: Daubert and Other Evidentiary Issues Impacting the Admissibility of Expert Testimony PIP: True Detective Claims Handling Considerations When Coverage Issues Are Present Don t Let The Fine Print Result In A Faux Pas! Medical Evidence in Litigation: Understanding Degenerative Disc Disease American Horror Story: The Premises Liability Chapters R U Smarter Than A Plaintiff? Discussion of Business Related Claims The Destruction of Construction: An Update of Ongoing Topics in Construction Law 3:35p.m. 4:30p.m. The Rising Tide of Water Losses and How to Part the Waters Towards a Proper Coverage Determination 3:00 p.m. - 4:00 p.m. The Pendulum Has Swung - Analysis of Claimant s Burden of Proof in Claims for Compensability and Medical Benefits (1 credit) Will you be attending the Cocktail Reception: Yes No CONTINUING EDUCATION CREDITS: If you are an adjuster pursuing continuing education credits, your adjuster license number is required. Adjuster License No. Faith No More - A Primer to Avoid Claims of Bad Faith The Return of Crash Bandicoot - Auto Liability Issues Living (And Dying) Vicariously: Liability for the Fault of Others in Medical and General Liability Cases Workers Compensation Breakout Sessions (These sessions are NOT accredited as part of the 5 Hour Law and Ethics Course) 3:00 p.m. - 4:00 p.m. Why Does An Injured Worker Hire An Attorney? (No Credit) If you are a person with a disability who needs any accommodation in order to participate in our Claims Management Seminar, please contact Lori Ryder, 954-518-1269, lryder@conroysimberg.com.
DIRECTIONS BROWARD COUNTY CONVENTION CENTER 1950 Eisenhower Boulevard Fort Lauderdale, FL 33316 (954) 765-5900 Friday, APRIL 17, 2015 Directions from the North or South: From the North or South: Take I-95 or Florida's Turnpike and Exit at 595 East. Exit at US 1 North and proceed to S.E. 17th St. East on S.E. 17th St. to Eisenhower Blvd. Turn right on Eisenhower. Follow signs to the Convention Center.
DIRECTIONS ROSEN CENTRE HOTEL 9840 International Drive Orlando, FL 32819 Phone: (407) 996-9840 Friday, MAY 8, 2015 Directions from Tallahassee or Gainesville Take the Florida Turnpike to I-4 West exit. Going West on I-4 take Exit 28 (Beeline Expwy-SR528). Take the first exit (International Dr. and SeaWorld). At the bottom of the exit turn right onto International Drive. The Rosen Centre Hotel is about 1/4 mile on the left, just before the Convention Center. Directions coming from Daytona Beach or Orlando Heading West on I-4 Going West on I-4 take Exit 28 (Beeline Expwy-SR528). Take the first exit (International Dr. and SeaWorld). At the bottom of the exit, turn right on International Drive. The Rosen Centre Hotel is about 1/4 mile on the left, just before the Convention Center. Directions coming from Tampa heading East on I-4 Take I-4 east to Exit 28, (Beeline Expwy-SR528) (also the International Airport Exit). Once on State Route 528, take the first exit (International Drive SeaWorld Exit). Bear right on International Drive. The Rosen Centre Hotel is about 1/4 mile on the left.