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2022 Annual Conference – Schedule

PREMIER PANEL: Ask a Regulator – Setting Up Win-Win Relationships with State Departments of Insurance (Powered By Ontellus & INTERTEL, Inc.)

March 24, 2022 8:30 AM

In this moderated panel session, various state regulators pull back the curtain and reveal the inner workings of their departments of insurance. Attendees will hear what regulators consider to be the most important aspects of market conduct exams, what claims professionals and executives should know when it comes to dealing with departments of insurance effectively, and how to avoid complaint responses that can elicit frustration. 

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SESSION 1 – Actions Speak Louder Than Words: Addressing the Insurance Talent and Diversity Gap

March 24, 2022 10:30 AM

The insurance industry has never faced more change and opportunity than it does today. Diverse and inclusive teams are more effective and create better economic and social outcomes. This presentation will provide real-world opportunities for insurance professionals to be part of the diversity and talent gap solution. Come join us as we discuss proposed partnerships between industry, academia, and trade organizations that will facilitate a pipeline of emerging skilled talent.

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SESSION 1 – Advanced Driver Assistance Systems in Litigation: Lessons Learned and What You Need to Know

March 24, 2022 10:30 AM

The advent of new assistive and automated vehicle technologies is already changing the landscape of how people interact and operate vehicles, as well as how manufacturers design vehicles and vehicle components. These changes will undoubtedly impact the science and engineering surrounding the driver/vehicle interaction and the data provided from the vehicle that will be available to adjusters, attorneys, investigators, and experts to use in assessing performance and determining liability following an incident.This session will provide an introduction to some of the increasingly available technologies and how the presence or absence, as well as the performance, of these technologies effect claims handling and evaluation. The presenters will discuss how early evaluation of this data can lead to quick claims resolution. They will also discuss how the insurance industry must educate the transportation industry on these issues to avoid spoliation. Finally, discover lessons learned from some of the earliest matters involving these technologies from a claims, legal, scientific, engineering, and incident investigation perspective.

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SESSION 1 – Anchors Aweigh: The Anchoring Effect at Trial and in Negotiation

March 24, 2022 10:30 AM

For a ship at sea, an anchor serves the purpose of keeping the ship in place so that it does not drift too far from the anchor. So why talk about ship anchors? Anchoring is also a psychological tactic often used at trial and in settlement negotiations. In the context of litigation, a settlement offer or settlement demand will never be forgotten by either side once it is set. This session will demonstrate the value in identifying when the anchoring technique is being used. Presenters will discuss identifying anchors, establishing counter anchors, and taking back the leverage in negotiation.

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SESSION 1 – Anticipating the New Administration’s Effect on Environmental Underwriting and Claims

March 24, 2022 10:30 AM

Join this session to explore the aniticipated impact of President Biden’s Executive Order 13990: Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. The panelists will focus on changes in environmental regulations, clean/green energy and manufacturing, and climate issues, and how each area will affect underwriting, claims handling, and litigation.

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SESSION 1 – Best Practices of Trauma-Informed Litigation Management After a Catastrophic Event

March 24, 2022 10:30 AM

Trauma-informed interviews require more than “just the facts.” For survivors, logic and rationality don’t always apply. Often a survivor will demonstrate signs of deception, such as the inability to deliver a coherent narrative, lack of consistency in recounting an event, and remembering vital details later on. Learn about the effect of trauma on the brain and develop strategies to reduce emotional stress and re-traumatization after a catastrophic event occurs.

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SESSION 1 – Cannabis Insurance Comes of Age

March 24, 2022 10:30 AM

2022 will see a dynamic shift in the number and scope of insurance programs and coverages offered to the cannabis industry, as well as claims and litigation that will finally have effective insurance coverage. This includes coverage around directors and officers liability, employment practices, reps and warranties, crime and fiduciary losses, medical E&O, and cyber/data privacy. Cannabis multistate operators are also beginning to retain risk through insurance captives and risk retention groups. The claims and litigation management community must be ready for these changes. This panel of cannabis insurance industry leaders will address how claims professionals can navigate this confusing new risk environment by identifying the genesis of litigation against the cannabis industry to date, past and anticipated claims data, problematic coverage issues, and common claims pitfalls. Presenters will discuss how cannabis companies see their own risk management shortcomings and how they can work with insurance claim professionals to implement effective programs through mutual education.

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SESSION 1 – Career Success Begins with Growth Mindset

March 24, 2022 10:30 AM

Everyone has powerful beliefs that affect their lives, including their careers. In some cases, these beliefs can be detrimental to a persons ability to grow within an organization. This session will explore fixed and growth mindsets in a professional capacity. The panel will also discuss how an individual’s mindset can be adjusted to change their employment, leadership style, and relationships within an organization to result in a happier and more successful career.

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SESSION 1 – Conducting Effective Investigations in Employment Practices Liability Matters

March 24, 2022 10:30 AM

Investigations of employment-related allegations and claims, whether it be discrimination, harassment, retaliation, or other allegations or claims, are critical in the defense of these matters. In this session, claims and litigation specialists will discuss their perspectives on best practices regarding investigations in the employment practices liability context. Important issues such as who should conduct the investigation, attorney-client privilege issues, the mechanics of the investigation including the gathering and preservation of electronic and social media evidence, and the considerations pertaining to measures that should be taken as a result of the investigation, will be discussed in depth

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SESSION 1 – DEI Workshop – Leadership, Listen and Learn: Actions Leaders Can Take to Improve Inclusion and Equality

March 24, 2022 10:30 AM

There’s been a major shift in boardrooms lately. The topics of social justice and equality have dominated the discussion. The panel will discuss how to lead during a time when so many employees are struggling with their mental well-being—a challenge that started with COVID-19 and intensified following the recent acts of violence committed against members of the minority communities in the United States.

Join us for a multi-dimensional workshop where attendees will have a collaborative solution-oriented discussion that focuses on the importance of listening, learning, and driving measurable change to build diverse, inclusive and mentally healthy workforces—elements that are critical in today’s climate. Workshop participants will engage in interactive exercises and share proposed solutions to this topic in the DEI space. Results will be aggregated in real-time then presented back to the audience to conclude the session with actionable take-aways that can be implemented to increase DEI implementation and effectiveness across our businesses.

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SESSION 1 – Effective Resolution of Additional Insured Disputes Between Insurance Companies

March 24, 2022 10:30 AM

Learn of the legal and practical considerations affecting insurer strategies for making and responding to tender requests for additional insured coverage under liability insurance policies. Creative arguments continue to emerge implicating the legal framework applied to tender requests. Presenters will address various versions of additional insured endorsements and the key language that may be determinative of whether a tender must be accepted under the policy or might be accepted for practical or business reasons. They also will address the varying legal principles applied by jurisdictions across the country, and the emerging legal arguments that continue to frame the coverage issues presented by such tenders. Finally, the presenters will discuss ways that insurers can resolve these additional disputes amongst each other without the need for costly litigation.

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SESSION 1 – How COVID Is Impacting Jury Trials

March 24, 2022 10:30 AM

Attitudes and experiences created by the COVID pandemic will impact all aspects of jury trials, from how they are conducted to juror decision making. The presenters will discuss how changes implemented by COVID have impacted how settlements and mediations are occurring, how jury trials are conducted, and how jurors are deciding their verdicts. The impact of COVID has created experiences and attitudes that will be problematic for all types of litigation as litigants and jurors have had their worldview altered. Learn how these changing attitudes require different methods to properly manage litigation going forward. 

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SESSION 1 – How to Avoid Social Inflation With Early Resolution

March 24, 2022 10:30 AM

Social inflation is one of the latest buzzwords in insurance and claim management. This is an important issue to understand as it has a direct effect on claims and insurance costs and impacts every aspect of claim handling. Presenters will focus on the many causes of social inflation and the various effects and growing concerns. Attendees will get a better understanding of social inflation so that they are equipped to combat it.

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SESSION 1 – Preserving Subrogation Rights at a Catastrophic Loss Scene

March 24, 2022 10:30 AM

When a catastrophic loss occurs, the claims professional as well as outside vendors must understand when to preserve the scene for investigation and evidence collection. Of utmost importance is understanding the legal pitfalls that can result from an inadequate scene investigation, which can include loss of subrogation rights, spoliation, or even bad faith. Practical knowledge will include how to identify subrogation potential, work with public agencies on the state and federal level, understand how long to hold a scene, work with adverse parties and their experts, and notice requirements.

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SESSION 1 – Redrawing the Lines: Construction Professional Liability Coverage Isn’t Just Design Professionals Now

March 24, 2022 10:30 AM

It is a new world of construction contracting thanks to a host of modern day issues. Ensuring your contract obligations are harmonious with all necessary insurance coverages is becoming increasingly challenging. The speakers will lead a discussion that addresses why a contractor needs professional liability insurance despite expressed resistance to procure this coverage. Specifically, they will address various scenarios that prompt contractors to secure professional liability insurance: performing tasks outside the normal or traditional scope of work; bridging the gap when construction and design defects are alleged; deficiencies of a wrap insurance program, limiting coverage with respect to negligent performance of professional services; and unique project delivery methods. They also will explore the need for professional liability coverage in conjunction with commercial general liability coverage and, if these coverages are not coordinated with the the scope of work under the contract and the actual work performed, what claims will rise to the surface.

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SESSION 1 – Roadmap to Strategic Litigation Management

March 24, 2022 10:30 AM

Both claims professionals and defense attorneys will learn how to strategically approach litigated claims by implementing seven best practices to achieve an optimal exit strategy. Specifically, panelists will discuss fundamentals to strategic litigation management that focus on protecting the insured, avoiding extra-contractual exposure, building honest and strong relationships, and effectively and efficiently resolving matters.

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SESSION 1 – The CAT’s Out of the Bag: Insurance Fraud in Catastrophic Losses

March 24, 2022 10:30 AM

Catastrophic losses—such as hurricanes, floods, wildfires, and the granddaddy of them all, COVID-19—present unique challenges across the claims spectrum. This session will address the role of adjusters, SIU, and counsel when recognizing and investigating questionable claims that often arise following catastrophic losses. Specifically, various schemes that may arise involving public adjusters, contractors, and insureds across the different types of catastrophic losses will be addressed.

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SESSION 1 – The Price Is Right: Claims and Conciliation Edition

March 24, 2022 10:30 AM

Alternative Dispute Resolution touches everything. Conflicts arise in our personal and professional lives, no matter how much we try to avoid them. Join this session for a fun game show-style presentation that demonstrates how the ADR process as a tool, is a game of skill and chance based on facts, figures and focus. Developing skills and techniques to diffuse disputes are imperative, from cradle to corporate. Even children can be taught to make decisions about how to diffuse rising temperatures. No matter the age, knowing the facts, answering questions and the proper use of reality testing can soften even the hardest positions. There is a psychology to negotiating. Intentional decision-making, fact-finding and strategic communications is the key to turning a boiling dispute into a brewing settlement. Watch as claims professionals, lawyers and mediators navigate a sea of conflict and test scenarios to get to a desirable end result. Don’t miss this audience-engaging battle that can only end in proving that a case really is worth what it settles for.

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SESSION 1 – Utilizing Structured Data to Improve Attorney Selection

March 24, 2022 10:30 AM

Selecting the right defense counsel for litigated claims is critical to obtaining the best outcomes. For most claims litigation leaders, their staff have few to no tools or data available to help them make those selections successfully and repetitively. This panel discussion will cover the benefits and methods for capturing pertinent data in a structured environment, allowing claims litigation leaders and their staff a foundation for making better, more informed selection decisions. They also will discuss the benefits of using that data and selection methodology to strengthen the claims/defense counsel relationship that benefits both parties.

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SESSION 1 – Weathering the Storm: Weather-Related Claims and Litigation

March 24, 2022 10:30 AM

Catastrophic weather events such as wildfires, hurricanes, and floods caused 39% of home insurance claims in 2020 – the highest percentage in the last six years. These claims have stretched our claims teams thin. Join this session as presenters and attendees discuss ways to address the claims handling process and ensuing litigation after catastrophic weather events, including stormwater runoff caused by anything from pollution to infrastructure issues.

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The Headshot Studio (Powered by Wood, Smith, Henning, Berman)

March 24, 2022 11:30 AM

Is your LinkedIn profile a picture from your vacation? Is the headshot on your company website a bit out of date? Join us in the CLM Solution Center to get a FREE professional headshot with a portrait photographer courtesy of Wood, Smith, Henning, Berman. You’ll receive a high-resolution digital image via email – and quickly be on your way to upping your profile photo game!

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SESSION 2 – #SameOldIndustryFreshNewTalent: Attracting Young Talent to Insurance

March 24, 2022 12:00 PM

This is not another presentation about how to tolerate the next generation or how to talk to Millennials. This is a candid discussion about the challenges facing our industry when it comes to attracting and retaining young and enthusiastic employees. This panel will discuss the data and their personal experiences and elicit yours. Together they will explore how we can get insurance industry jobs to the top of everyone’s work wish-list. They’ll talk about why engagement is critical to employee retention in the post-COVID world and why companies cannot afford to ignore these issues.

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SESSION 2 – A View From the Bench

March 24, 2022 12:00 PM

Step into the judges’ chambers in this interactive panel discussion with circuit and district court judges, who will share their experiences both as practitioners in civil litigation and insurance defense, then discuss their current roles of presiding over such cases as judges. Tips for effectively facilitating settlement, how COVID-19 has impacted the practice of law both in and out of the courtroom, advice on presenting evidence to both a judge and a jury, as well as practical suggestions for young and older practitioners alike will be offered.

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SESSION 2 – Advantage Defense: A Survey of Expert Disclosure Requirements and Strategies for Using

March 24, 2022 12:00 PM

Retention of experts, disclosure of experts, and subsequent discovery related to experts are critical when examining a claim and suit. Oftentimes, expert disclosure and discovery are necessary in order to reach a point of potential resolution. Understanding the conditions and developing a strategy for using those experts under the requirements of your jurisdiction, provides an opportunity to obtain an advantage or avoid a disadvantage during the course of litigation. This session will look into the various rules for disclosing experts and discovery related to experts in different jurisdictions. The discussion includes how the requirements range from strict and onerous in some jurisdictions to lax and nominal in others and strategies related to the various requirements and how the disclosures and subsequent discovery based on those disclosures can provide benefits to prosecuting and defending a claim.

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SESSION 2 – Capitalizing on the Great American Staffing Shortage to Improve Litigation Management Metrics

March 24, 2022 12:00 PM

The panel of senior claims management, staff counsel, litigation management, and defense counsel will lead a discussion to explore how companies and other players can create collaborative solutions to work together on common goals. Attention will be paid to identify which litigation management initiatives truly make a difference in outcomes versus mere change of behavior to shift the problem to a new bucket.

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SESSION 2 – Cracking the Code on Supply Chain-Related Cyber Claims

March 24, 2022 12:00 PM

Cyber insurance responds to cyber and privacy events experienced by policyholders, but did you know it also responds when policyholders are affected by events experienced by the vendors, suppliers, consumers, and other entities that the policyholder does business with? Over the past two years, these supply chain-related risks have plagued cyber claims teams at every insurer. This panel features cyber claims professionals who will share their insider perspectives about the challenges faced in supply chain related claims, real-life anecdotes about their experience handling these claims, and offer lessons learned for the future.

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SESSION 2 – Dissecting, Evaluating, and Resolving Construction Disasters

March 24, 2022 12:00 PM

The 2021 Miami condominium collapse triggered a storm of questions— these are clearly of great interest to our industry. This panel will discuss examples of large-scale construction disasters, encouraging active participation from attendees in sharing effective strategies for investigating, evaluating, litigating, and resolving such claims. The panel will share how the same type of strategic framework/concepts can be applied to smaller-scale construction failures to assure they don’t turn into exposure disasters. Each panelist has a unique role and will share his/her perspective on key issues to be identified, strategies to be considered, and practical ramifications. Attendees will share their own perspectives of such claims and impacts on their practices, and will gain a better understanding of how we can all work together to effectively handle/resolve, if not avoid, construction claim disasters.

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SESSION 2 – Environmental Activism Suits: It’s Not Just About Cleaning Up Anymore

March 24, 2022 12:00 PM

Learn of the new trends in environmental litigation and the emerging insurance coverage issues arising from those changes, which are being led by social activists in the US and internationally. These range from the well-known tort suits involving bodily injury and property damage from soil and groundwater pollution from long-lasting chemicals like Per- and Polyfluoroalkyl Substances (PFAS), to emerging issues like whether PFAS is an air pollutant; suits against multinational consumer goods manufacturers for environmental injury from single-use plastics; false green advertising lawsuits; and the new wave of climate control cases. The government is focusing more on environmental responsibility with companies needing environmental sustainability governance; and environmental activist suits are asserting new theories in the context of tort claims to try to get traction. With these novel approaches and theories come new coverage issues under a host of first- and third-party insurance policies, which the presentation will explore with a panel of seasoned underwriters, coverage, and claims experts.

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SESSION 2 – Eyes Open: Avoiding Bad Faith Traps

March 24, 2022 12:00 PM

Claim professionals are on the front lines when an insured requests coverage under a liability policy. The claim professional’s job is generally straight-forward. He or she receives notices of claims, sends out acknowledgments, investigates coverage and liability, makes coverage determinations, and seeks to enter into appropriate settlements on behalf of the insured. The claim professional generally knows what is expected and what is good claims practice. But certain requests and demands may be made on the claim professional that are not designed to fall within the normal handling of the claim. Rather, they are traps; they are made with the hope that the claim professional will make a mistake and to create extra-contractual liability exposure for the insurer. This session will discuss such traps, how to recognize and anticipate them, and how to address them.

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SESSION 2 – Hear Us Roar: Being a Female Litigator in a Male-Dominated Industry

March 24, 2022 12:00 PM

Although women increasingly sit as judges, corporate officers, and law firm leaders, many obstacles remain. This panel will discuss implicit bias, societal prejudice, and institutional challenges that female litigators face, and identify ways to recognize and fight against these barriers. Claims professionals and attorneys alike will gain a clearer understanding of how female litigators have triumphed in a traditional male industry from a panel comprised of strong, interesting female litigators from around the country, various industries, and differing age and ethnic groups.

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SESSION 2 – How to Combat the Plaintiff’s Transportation Playbook

March 24, 2022 12:00 PM

Join the presenters as they analyze resolution strategies for claim professionals when confronted with a catastrophic transportation accident involving multiple plaintiffs and potentially insufficient insurance coverage limits. Plaintiff attorney’s strategy in issuing a time-limited policy demand will be dissected as well as defense responses and tactics. This session will compare and contrast the use of interpleader and a global mediation as resolution strategies and will analyze the potential risk to the motor carrier’s assets. Plaintiff’s strategy of adding the freight broker and/or shipper as additional direct defendants will be discussed along with potential tender of defense, indemnification, and ethical issues presented to the motor carrier and its defense counsel.

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SESSION 2 – Hybrid and Remote Work: Emerging Challenges for EPL Claims

March 24, 2022 12:00 PM

As hybrid and remote work become more rule than exception, employers could encounter potential issues such as disability claims; the tracking of work performance; privacy; and discrimination. Presenters will discuss the claims that have arisen from hybrid and remote work and how the courts are handling the “new” workplace. They will also review best practices while also examining factors that could increase exposure.

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SESSION 2 – Implementing A Comprehensive Digital Data and Social Media Workflow

March 24, 2022 12:00 PM

The pandemic changed a lot of things, from how we worked to how we interacted, and as a result we saw an adaptation in the data that was being created. That digital shift has proffered more data to insurers than at any time in history. Unfortunately, insurers continue to struggle with understanding what data is available, if the data they’re collecting has the best ROI, and whether they are unintentionally violating some ambiguous legal and regulatory position by gathering it. Join this expert insurtech panel for an in-depth discussion about the current trends in digital data and social media, and how this information can be properly leveraged now and in the future. From the Internet of Things (IoT) to machine learning, find out what technologies are currently available to properly investigate your claim and reduce time and costs. Walk away with a better grasp of the court’s perspective on terms of service agreements and data scraping, and what policies and procedures you need to start framing now, to be prepared for the future.

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SESSION 2 – Managing Difficult Conversations

March 24, 2022 12:00 PM

Claims Professionals constantly engage in verbal discussions and email communications with claimants and insureds. The skills taught in this course will enhance the productivity of such calls, and help Examiners manage conflict when it arises. The session begins with a discussion of specific listening skills applicable in any conversational context, followed by a short listening exercise. Panelists will then analyze common elements of difficult conversations and suggest a framework for maintaining effective communication in conflict.

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SESSION 2 – Navigating Cargo Subrogation Claims

March 24, 2022 12:00 PM

A claim for loss or damage to cargo provides insurance companies and self-insureds with recovery opportunities, but they must be promptly and aggressively protected and pursued in order to be successful. In this session, panelists will discuss how to analyze and assert cargo claims for loads traveling interstate, intrastate, and internationally. Though the primary focus will be on commercial automobiles, panelists will also touch upon railway, oceanic, and airway cargo claims.

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SESSION 2 – New SCOTUS Qualified Immunity Case: Adjusting and Defending Claims Against Public Employees

March 24, 2022 12:00 PM

The attacks on qualified immunity continue. While the appellate courts are split on whether qualified immunity should be given to public employees, the Supreme Court has stood fast against these attacks. This session will focus on the latest ruling and how it effects the defense and value of claims against public employees in the face of social justice issues. Excessive force and other claims against public employees are the hot topic both in the news and the courtrooms. Attendees will also benefit from a discussion of what needs to be done immediately when an action by a public employee, that could result in a claim, occurs.

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SESSION 2 – Reunited and It Feels So Good: Client/Law Firm Relationships in the Post-Pandemic World

March 24, 2022 12:00 PM

Explore how the interactions and relations between law firms and their clients will be different following the pandemic and what lasting changes are likely to continue into the future.

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SESSION 2 – The Early Bird…Avoids Excessively High Settlements, Nuclear Verdicts, and Extra-Contractual Claims

March 24, 2022 12:00 PM

Most substantial exposures can often be mitigated at various stages throughout the claims process with aggressive, flexible handling. Learn the importance of effective claims handling right out of the gate. Presenters will share techniques to avoid a failure to discover material information while forecasting the multiple directions a claim can proceed. Recognize factors that could potentially turn what appeared to be a moderate exposure into something far more serious. These techniques will also assist in those cases where the claim turns into a significant one. This diverse panel will address different kinds of alternative dispute resolution and other strategies to create workable solutions to mitigate exposure.

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SESSION 3 – DEI Workshop – Inherent Benefits of Working with Diverse Firms and Ways to Create DEI Opportunities in the Industry

March 24, 2022 2:00 PM

There are many benefits of working with diverse firms and vendors to adjust and resolve claims. A diverse team, including the adjuster, defense counsel, and third-party vendors, provides more opportunities to come up with innovative and creative solutions to close claims, especially difficult or aged claims. Moreover, as society becomes more diverse and connected, the insurance industry must keep up to adequately handle claims involving new and emerging technology, best practices, or societal “norms”. 
Join us for a multi-dimensional workshop where attendees explore these connections, technology, and the societal norms in collaborative solution-oriented discussion. Workshop participants will engage in interactive exercises and share proposed action items in this DEI space. Results will be aggregated in real-time then presented back to the audience to conclude the session with best practices  and take-aways that can be implemented to encourage opportunities of DEI implementation and effectiveness across our businesses.

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SESSION 3 – Don’t Do Me Like That: The Ethics of Institutional Bad Faith Claims

March 24, 2022 2:00 PM

Legal action alleging institutional and systemic bad faith within insurance companies, third-party administrators, and independent adjusting firms is on the rise. Your claim practices, incentive programs, and training documents may unwittingly contain wording that can be construed as unethical and expose you to long, expensive, and very public class action lawsuits. Through thought-provoking case studies, powerful discussion, and audience engaging in conversation, this session will provide critical assessment tools vital to senior and mid-senior level claim professionals for identifying and reducing their risk of exposure to catastrophic class action lawsuits alleging systemic unethical practices within their claim organizations. Learn how culture, ethics, and professionalism can reduce exposure to bad faith and result in better claims handling and litigation outcomes.

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SESSION 3 – Emerging Trends in Civil Litigation Risks in the Cannabis Vaping Industry

March 24, 2022 2:00 PM

As the cannabis industry continues to expand exponentially from state-by-state legalization efforts, industry players have worked to identify new cannabis product categories, in order to increase market share beyond traditional cannabis smokers. Similar to the growth of vaping products in the nicotine e-cigarette industry, cannabis vaping products have proliferated because they are affordable, easy to use, and offer an easy-to-augment flavor experience. However, recent history from the e-cigarette space has taught us that the potential sales growth of vapes comes with increased (and specialized) civil litigation risks. Learn from the presenters as they explore emerging risks in the vaping industry, both related to the use of vaping ingredients and other risk vectors more broadly.

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SESSION 3 – From Hammers to Holograms: New Trends in Construction

March 24, 2022 2:00 PM

Builders and design teams are facing a variety of new challenges today, including the rise of use of robotics, drones and computers on the jobsite, remote worksites, modular construction methods, and mobile access. The entire construction industry — and the insurance field supporting it — are on the brink of major disruption due to the exponential growth of technology. Fortunately, with disruption comes new opportunities. In this session, attendees will learn about the difference between linear and exponential technology growth and major advances shaping the construction industry. This thought-provoking discussion will leave you optimistic about the future and excited about the new possibilities it presents.

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SESSION 3 – How Insurance, Legal, Technical, and Law Enforcement Play a Role in Ransomware Preparedness and Response

March 24, 2022 2:00 PM

As cyberthreat and ransomware actors continue to employ sophisticated attacks to cripple businesses and extort money, preparation and resilience efforts have become a top priority for all businesses. Learn how insurance, legal, technical, and law enforcement resources like the FBI are vital stakeholders in the ransomware preparedness and response efforts undertaken by an organization. An all-female panel of subject matter experts will explain the precise role each play in counseling and assisting organizations both before and in the investigation and response to a ransomware event.

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SESSION 3 – Is That a Lizard in My Soup? Countering Public Perceptions of the Insurance Industry and Preventing Runaway Verdicts

March 24, 2022 2:00 PM

This session goes beyond advertising gimmicks to explain the real cost of runaway verdicts and their impact on everything in the supply chain. Insurance claims and litigation professionals will learn about the broad impact of reptile theory, anchoring, social inflation, and the public’s perception of the claims industry when evaluating a case for trial.

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SESSION 3 – Miscommunication Matters: How to Talk to Injured Workers

March 24, 2022 2:00 PM

Even though lack of communication continues to be one of the top reasons injured workers obtain attorney representation in a workers compensation claim, claims adjusters aren’t being taught how to effectively communicate with a person who is in a vulnerable state post-injury. In this session, panelists will break down the barriers that occur through miscommunication of claims by helping attendees learn the rule of three to check for understanding as well as how to have direct conversations that are transparent, clear, and ethical, especially when delivering unfavorable news. All of it will be done with the main goal of showcasing the mentality: “Do what you say you will do.”

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SESSION 3 – New Strategies for Defending Questionable Spinal Fusion Claims

March 24, 2022 2:00 PM

Senior-level claims officers, trial attorneys, and a board-certified radiologist will discuss innovative strategies for identifying and defending cases that are likely to result in spinal surgery and seven-figure demands. Learn how the spine works, the tell-tale signs that a spinal fusion surgery is in the offing, best practices for pre-trial discovery, strategies for mediation and trial, and rebutting themes related to COVID-19 isolation claims and reptile theory approaches.

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SESSION 3 – Not All That Is Green Is Good: The Environmental Impact of Cannabis

March 24, 2022 2:00 PM

Like any growing industry, the cannabis industry is starting to leave its footprint on the environment. Join us as we explore the real-world consequences of cannabis production; the potential toxicity of cannabis and CBD products; the new liability challenges presented; and the intriguing insurance coverage questions the industry is already facing or soon will.

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SESSION 3 – Nuclear Verdicts™ in Trucking Matters: Humanizing the Trucking Industry in an Age of Cynical Jurors

March 24, 2022 2:00 PM

Nuclear verdicts are skyrocketing, and no industry is exempt. Trucking verdicts are on the rise. Nowadays, when jurors assign verdicts, they may be doling out corporate dollars because they not only think that is the way to make the plaintiff whole, but they also think that it is the best way to punish the corporate defendant for its wrongdoing. Jurors need to hear the whole story. In this session, panelists will discuss the rise of nuclear verdicts, the trucking industry itself, and the future of jurors as social inflation increases. In addition, panelists will address strategies to avoid nuclear verdicts in trucking cases.

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SESSION 3 – One Size Doesn’t Fit All: Addressing Diversity, Equity, and Inclusion at Small- and Mid-Sized Law Firms

March 24, 2022 2:00 PM

Having a high level of diversity in your legal practice, your company, or your business partners means that those strengths can be leveraged to obtain results that less-diverse environments simply cannot. With their wealth of resources, big law firms can allocate significant amounts of time and money to diversity and inclusion efforts, but that’s not always the case for small- and mid-sized law firms. In this session, attendees will learn the steps smaller firms can take to achieve a diverse, equitable, and inclusive culture.

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SESSION 3 – Selecting and Preparing Your Best Defense Witnesses

March 24, 2022 2:00 PM

When the plaintiff wants the case to be about you (the corporate witness), put the best version of you forward. There are many instances where the corporate representative is either not prepared properly for testimony, or the wrong person is selected to be the corporate witness. This session will help risk managers and claim professionals identify the best corporate representatives and show the proper way to prepare them for the tough questions so they may represent your company in the best light.

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SESSION 3 – Sending a Message: Litigation with Gen Z and Millennial Juries

March 24, 2022 2:00 PM

Covering the generational range, this panel will present perspectives on the attitudes and positions of the Gen Z and Millennial population and how that can affect verdicts. The presentation will focus on the evolving views of these younger individuals, and explore why they are different than previous generations. Together we will explore the impact these jurors can have at trial, how we can evolve our presentation of a case and perhaps change a case evaluation accordingly.

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SESSION 3 – So, You Think That Is Privileged? Courts Find Outside Counsel Work Subject to Discovery

March 24, 2022 2:00 PM

Learn of the troubling trend of courts finding that outside counsel’s work is subject to discovery. Claims professionals need to understand the limits of attorney client privilege and the work product doctrine when interacting with outside counsel. Protection of outside counsel’s files may be limited to only that legal advice that he or she was retained to provide. Any factual investigation, drafting of letters for the insurers, or other business of insurance may be discoverable. The presenters will discuss the best and safest practices for engaging outside coverage counsel to maximize the protection for the information exchanged.

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SESSION 3 – The Future is Now: Managing the Risks of Telemedicine

March 24, 2022 2:00 PM

The novel COVID-19 pandemic brought about an unprecedented spike in telehealth use. While telehealth’s prior use prepared it for sudden mass implementation, some of its existing regulations became archaic and impractical for the pandemic needs. To provide rapid excess to the millions suddenly without healthcare, the Federal Government waived several telehealth restrictions. The emergency changes appear to be staying in certain jurisdictions opening the door to fraudulent claims. While some states will be returning to pre-pandemic policies, others have already updated their regulations to reflect the use of telemedicine in those jurisdictions. In this course we will explore not only the regulations associated with various states and the federal law, but also how to recognize the fraud and how to curtail it.

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SESSION 3 – The Future of Virtual Trials and Mediations: Where Do We Go From Here?

March 24, 2022 2:00 PM

In this interactive session, discussion will focus on the impact of virtual trials and mediation and how they have effected claim professionals’ planning. Presenters will explore if this will force defendants to pursue more timely investigations and if virtual trials and mediations benefit the insured (defendants) or the plaintiffs. Do they allow for more efficient ways to resolve cases or should we continue reevaluating the process? Have insurers seen cost savings on expenses and severity? What has the audience seen in comparison to the presenters? Real life examples will be used to explore the idiosyncrasies of virtual trials and mediations and how they impact their respective claims.

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SESSION 3 – The Rise of Public Nuisance Torts: What the New Darling of the Plaintiffs’ Bar Means

March 24, 2022 2:00 PM

Public nuisance has become the new “it” tort for the plaintiffs’ bar as seen in litigation involving opioids, e-cigarette manufacturers, and pharmaceutical mass torts like the Zantac litigation. Learn how this new tort is being pursued, how insurers are responding to it, and whether standard liability policies are really designed to cover these claims.

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SESSION 3 – Understanding Mental Health Claims in Workers Compensation

March 24, 2022 2:00 PM

Join the panelists as they provide an overview of essential workers compensation procedures and cover tips on the efficient, effective, and successful handling of mental health claims. Attendees will hear from workers compensation claims professionals as they discuss requirements for a compensable injury, correctly identifying physical and mental impairments and documenting possible defenses, strategies for conducting an effective investigation, common misconceptions when defending mental health claims and more. Get a better understanding of how mental health claims work and be able to successfully identify the top warning signs and develop strategies to avoid preventable mistakes as many physical injuries often include a mental component.

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SESSION 4 – An Employer’s Primer on Pronoun Use, the Law, and Best Practices

March 24, 2022 3:30 PM

The use of preferred pronouns has increased substantially over the past few years and has touched many workplaces. Even so, employers do not always appreciate their legal obligations with respect to how they refer to transgender and nonbinary employees, which creates opportunities for otherwise preventable claims and litigation. This session will help claims professionals who handle employment claims and EPLI policies to understand the current state of the law, and it will provide best practices for employers to implement in order to both foster a respectful workplace and manage risk by lessening opportunities for litigation.

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SESSION 4 – Avoiding the Subrogation Blindside

March 24, 2022 3:30 PM

There are many reasons subrogation claims fail, including policy limitations; claims handler or legal representation errors; or expert witness failures. When mistakes are made and a subrogation claim falls apart, it may be tempting to play the blame game, but that is not effective in getting a claim back on track. For a claims team to successfully resolve any subrogation claims, it is crucial for all involved to be open, honest, and realistic, keeping fundamental ethical principles in mind. Through open and candid discussion, this session’s panel will explore various reasons that subrogation claims fail and how such failures can be avoided.

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SESSION 4 – Controlling Budgets Before They Control You: Managing Case Costs for All Sizes of Litigation

March 24, 2022 3:30 PM

Claims organizations are starting to manage budgets more proactively with their outside counsel and reaping the benefits of having better foresight, control over costs, and the ability to make adjustments more easily when required. As part of the conversation, panelists will shatter the belief that it’s impossible to budget for the large, complex cases that consume 80% of your legal expenses, and how to understand your complete budget portfolio and manage limited budget resources.

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SESSION 4 – Defect or Not: Don’t Rush to Judgment on Storm Damage

March 24, 2022 3:30 PM

When a roofing product fails and an insurance claim is submitted, the typical questions that a claims professional needs answered are: “Was the failure caused by storm damage, a result of faulty installation, a product defect, or some combination?” These questions flow downstream through the insurance and litigation process into the hands of roofing experts. While storm damage and construction defects are typically readily evident or easily determined, product defects can be more difficult to spot. This session panel will explore how each of these types of claims present unique challenges to claims, legal, and forensic professionals, with the goal of providing strategies for effectively handling them. Key discussions will relate to consideration and evaluation of all potential causes of failures, including weather, installation, and manufacturing defects.

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SESSION 4 – Digitalization of Claims

March 24, 2022 3:30 PM

Insurtech is changing the way we do business. We’re seeing the impact of that primarily in personal lines – especially in personal property claims. Blockchain and other innovative technologies can aid in risk mitigation and significantly reduce the time to close a claim, saving the insurance company money and creating a positive customer experience. Join this panel of claims leaders and industry innovators to learn more about the innovations available today and heading to market soon.

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SESSION 4 – Ending Imposter Syndrome in the Insurance Industry by Creating a Culture of Belonging

March 24, 2022 3:30 PM

Imposter syndrome is a feeling of inadequacy that causes individuals to doubt their professional abilities, despite evidence to the contrary. This “syndrome” disproportionately impacts women, especially women of color. This panel will discuss the origins and facets of imposter syndrome, including how insurance professionals may experience this phenomenon. Most importantly, however, the speakers will apply bias elimination methods and provide practical examples of how insurance professionals at all levels of an organization—team members, managers, and leaders—can continue much-needed conversations to create an authentic culture of belonging and end this “syndrome” in the insurance industry.

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SESSION 4 – How to Work With Coverage Counsel Without Waiving Your Rights

March 24, 2022 3:30 PM

There has been a steady attempt by courts around the country to erode the claim of privilege by insurance carriers that engage counsel to provide coverage analysis or investigation on submitted claims. In addition, there has been several jurisdictions where court decisions have held that information provided by appointed defense counsel to an insurance carrier could waive, jeopardize, or otherwise limit legitimate coverage defenses by the insurer. In this session, attendees will gain an understanding of the potential ethical dilemmas associated with providing information about an insured and the claim against the insured to the insurer in order to avoid unintentional waiver of rights.

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SESSION 4 – Insurance Agent/Broker E&O: The Emerging Risks

March 24, 2022 3:30 PM

Insurance agents and brokers have always faced a variety of E&O risks, but often centered around the risks presented in the context of the procurement of coverage, and allegations of failures to offer appropriate advice and guidance with regard to same. In a post-pandemic world, these risks have been dramatically heightened by the increasingly remote provision of agent/broker services, and lessened customer contact. They have also been dramatically impacted by advances in technology, both in terms of the heightened risk presented by the filing of online applications, and the increasing lack of human to human interactions. Insurance agent/broker E&O continues to represent a significant portion of professional liability claims across the US. This presentation will offer ideas on the emerging risks, strategies for underwriting these risks going forward, and strategies for both managing these risks, managing the claims that will be arising therefrom, and defending these claims.

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SESSION 4 – Lessons Learned From the First Commercial Autonomous Vehicle Accident

March 24, 2022 3:30 PM

Autonomous vehicles are coming, it is merely a question of when. As vehicles with autonomous features begin to enter the marketplace, it changes how motor vehicle accidents are investigated. This session reviews the lessons learned from the investigation of the country’s first commercial autonomous motor vehicle accident in Las Vegas and how accident investigation needs to adapt. Motor vehicle accidents are one of the most common types of P&C claims. While accident investigation protocols are generally well established, these protocols do not necessarily account for the changing technology in motor vehicles. Claim professionals are beginning to encounter vehicles with autonomous features on the roads and need to be aware of new investigatory techniques.

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SESSION 4 – Not So Friendly Fire: Resolving Disputed Liability Between Defendants in Multi-Vehicle Accidents

March 24, 2022 3:30 PM

Investigating, let alone resolving, multi-vehicle accidents can be difficult given the number of potential claimants, insureds, and the inherent interest to shift the risk of loss to someone else. Settling claims like these short of trial might seem impossible given the inevitable liability disputes, but this session will provide ways to make the impossible a reality.

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SESSION 4 – Policyholders Who Will Never Settle: Containing the Risk Using Hammer/Consent Clauses

March 24, 2022 3:30 PM

While policyholders usually appreciate claims being settled, they can sometimes be emotional and/or intransigent, refusing to settle a particular claim which can lead to coverage-related difficulties. This presentation helps provide strategies and options for dealing with this difficult situation. Learn how insurers can often limit their exposure through use of a hammer clause, even where the policyholder has rights to consent to a settlement and refuses consent. Presenters will address recent developments and strategies to limit risk in situations involving insureds who refuse to settle and who may also be failing to cooperate. They will discuss pertinent cases and hypotheticals, including injured parties’ coverage-related rights in certain situations, in helping to educate and inform attendees in dealing with these difficult situations.

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SESSION 4 – Stay at Home Fraud

March 24, 2022 3:30 PM

During an extended period of either work-from-home or being out of work, typical fraud patterns may not be as easy to spot. This panel will explore what we have learned from these experiences and identify new and emerging red flags related to fraud. What will the work-from-home workers compensation claim look like? Will we see an uptick in work related accident claims as workers return to the job and as consumers return to the stores? Was that business interruption claim from COVID-19 or a burst pipe? Objective verification of symptoms and injuries may also be difficult now that everyone can say they did not treat in-person for over a year due to the pandemic. Objective testing may have been deferred leaving issues on causation. Investigators too faced challenges during the pandemic and had to rely on technology to fill the gap.

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SESSION 4 – The Blame Game: Retail, Restaurant & Hospitality Edition

March 24, 2022 3:30 PM

Just like the popular CLM Magazine Blame Game series, presenters will produce information about actual jury verdicts – both plaintiff and defense – including facts about liability and damages, as well as venue and other key elements. They will also offer opinions about the outcomes and solicit participation by attendees. Learn as presenters choose verdicts from across the country which focus on claims made against retail, restaurant, and hospitality businesses, from slip and fall accidents to food borne illness claims; and provide insight into their opinions on how defense verdicts were achieved, and what factors may have influenced larger verdicts.

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SESSION 4 – Tomorrow’s Legacy Begins Today: Cross-Generational Mentoring in 2022

March 24, 2022 3:30 PM

What will the legacy between the four generations currently sharing the workplace be? This dynamic panel, featuring multiple generations, will focus on the potential and promise of cross-generational mentoring. Our younger generations are immersed in digital technology and remote learning. Our older generations are steeped in knowledge based on experience. We’ll discuss how to collaborate focused on excellence across the generations, while cultivating new ways to inspire the next generation to consider and select career choices in risk management, insurance, law, and related services.

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SESSION 4 – What Would Edison Think? From Light Bulbs to Electric Vehicles

March 24, 2022 3:30 PM

This session presents an overview of electric and autonomous vehicles. Presenters will address technology, the market, and climate forces driving consumer choice to purchase and invest in these transportation modes. A discussion will include the risks and claims associated with electric and autonomous vehicles, applicable coverage(s) triggered, risk transfer analysis, contracts and indemnification issues, damages, expert identification and retention, litigation management strategies, and best practices in managing the claim and litigation process.

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SESSION 4 – Who Runs the World? Girls! Now We Need to Support Them

March 24, 2022 3:30 PM

Women face unique challenges in claims resolution and litigation management. This panel will discuss some of those challenges, focusing on women’s experiences in business and ways organizations and their female employees can work together to overcome these hurdles. In addition, the panel will reflect on how mentorship and female support from those at the top, both male and female, leads to greater employment retention and satisfaction, and the impact that can have on claims and litigation outcomes.

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Committee Meetings – Alternative Dispute Resolution Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Cannabis Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Construction Community

March 24, 2022 4:45 PMBack to top

Committee Meetings – Cyber, Management & Professional Liability Community

March 24, 2022 4:45 PMBack to top

Committee Meetings – Diversity & Inclusion Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Environmental & Toxic Tort Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Extra-Contractual Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Insurance Coverage Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Insurance Fraud Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Product Liability Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Property Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Retail, Restaurant & Hospitality Community

March 24, 2022 4:45 PMBack to top

Committee Meetings – Subrogation Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Transportation Committee

March 24, 2022 4:45 PMBack to top

Committee Meetings – Workers Compensation Community

March 24, 2022 4:45 PMBack to top

Committee Meetings – Young Professionals Community

March 24, 2022 4:45 PMBack to top

Cocktail Reception (Powered by Litify)

March 24, 2022 5:30 PMBack to top

CLM Awards Dinner (Powered by imedview, Callahan & Fusco, and Young & Associates) – CLM Awards Night Dessert Reception (Powered by imedview, Callahan & Fusco, and Young & Associates)

March 24, 2022 8:30 PMBack to top

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