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Traumatic Brain Injury Liability: What Education Institutions Need to Know Sponsored By: 1

About Advisen Advisen generates, integrates, analyses and communicates unbiased, real-time insights for the global community of commercial insurance professionals. As a single source solution, Advisen helps the insurance industry to more productively drive mission-critical decisions about pricing, loss experience, underwriting, marketing, transacting or purchasing commercial insurance. www.advisen.com 2

Many Thanks to our Sponsor! 3

Traumatic Brain Injury Liability: What Education Institutions Need to Know Corner.Advisen.com Paper Recording of today s webinar Copy of these slides 4

Today s Moderator David Bradford- President, Research & Editorial Group, Advisen Ltd. 5

Today s Panelists Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators 6

Today s Panelists Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 7

Today s Panelists Robb Jones is the senior vice president and general counsel for claims management at United Educators (UE) Insurance Risk Retention Group. At UE, he heads the team of 22 lawyers and 18 other professionals responsible for liability claims management for more than 1,200 colleges, universities, and K-12 schools. He has been at United Educators since 1997. Robb has over thirty years of experience serving the higher education community. He currently serves as a trustee for a liberal arts college, has evaluated higher education programs for the federal government and a state board of regents, and has taught as an adjunct faculty member at two different institutions. From 1994-97 Jones was director of the Judicial Education Division of the Federal Judicial Center, where he developed and managed training and continuing legal education programs for the federal courts. 8

Today s Panelists Bryan Elie started his career with United Educators in 1995. He was promoted to Associate Vice President of Underwriting in 2004, and moved to the underwriting leadership position in 2009. Elie s key responsibilities include researching and creating new insurance products, revising existing policy language, applications, and underwriting guidelines, and managing the underwriting approach on United Educators most complex new and renewal accounts. Before joining UE, Elie worked for Aetna Casualty for five years and at Great American Insurance for two years in both marketing and underwriting positions. Elie received his Bachelor of Science degree in business from Wake Forest University in 1988. 9

Today s Panelists Kevin Guskiewicz is the Kenan Distinguished Professor and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center and Director of the Center for the Study of Retired Athletes in the Department of Exercise and Sport Science at The University of North Carolina at Chapel Hill. He holds joint appointments in the Department of Orthopaedics, UNC Injury Prevention Research Center, and Doctoral Program in Human Movement Science. Over the past 18 years, Dr. Guskiewicz s research has focused on sport-related concussion. He has investigated the effect of sport-related concussion on balance and neuropsychological function in high school and collegiate athletes, and the long-term neurological issues related to playing sport. Dr. Guskiewicz has been the recipient of 23 funded research grants, and has published over 90 journal articles and six textbook chapters related to concussion in sport. 10

Today s Panelists Gerard Gioia is Division Chief of Pediatric Neuropsychology at the Children s Research Institute. His research focuses on concussion, mild traumatic brain injury and executive function. He is also Professor of Pediatrics at George Washington University School of Medicine and Health Sciences and Professor of Psychiatry & Behavioral Sciences at George Washington University School of Medicine and Health Sciences. 11

Question: Why have Traumatic Brain Injuries in sports become such a hot topic in recent years? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 12

Question: When we refer to a Traumatic Brain Injury, what exactly does that mean? What are some of the longer term consequences of TBI? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 13

Question: Which athletes are most at risk and why? How do college athletes differ from high school athletes? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 14

Question: What is the current litigation environment concerning high schools and colleges? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 15

Question: What kinds of regulations have been passed to better protect young athletes? Are they effective? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 16

Question: Is better equipment the answer? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 17

Question: What is the culture of resistance in athletics? How can it be overcome? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 18

Question: What else do you recommend educational institutions do to protect their student athletes and minimize their exposure to liability? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 19

Question: How can educational institutions stay current with best practices in concussion prevention and treatment? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 20

Question: What are the most significant considerations when structuring insurance coverage? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 21

Question: How are you helping your members address this emerging issue? Dave Bradford- Advisen Ltd. Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 22

Many Thanks to our Sponsor! 23

Many Thanks to our Panelists! Robb Jones, Senior Vice President and General Counsel for Claims Management, United Educators Bryan Elie, Vice President of Underwriting, United Educators Dr. Kevin Guskiewicz, Orthopedist and Co-Director of the Matthew Gfeller Sport-Related Traumatic Brain Injury Research Center, University of North Carolina at Chapel Hill Dr. Gerard A. Gioia, Chief - Division of Pediatric Neuropsychology, Children s Research Institute 24

Traumatic Brain Injury Liability: What Education Institutions Need to Know Corner.Advisen.com Paper Recording of today s webinar Copy of these slides 25

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