INDUSTRY LEADERS FORUM: Catastrophic injury claims can ...€¦ · Catastrophic injury claims can...

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Eagle Internaonal Associates, Inc. Presents Its Spring 2014 Conference INDUSTRY LEADERS FORUM: Senior Citizen Premises Liability and Catastrophic Claims MAY 9, 2014 Scottsdale, Arizona REGISTER FOR HOTEL ROOM BY MARCH 31 ST REGISTER FOR SEMINAR BY APRIL 25 TH Royal Palms Resort and Spa 5200 E. Camelback Road Phoenix, AZ 85018 602.840.3610 www.royalpalmshotel.com Check In: 4PM Check Out: 12PM Please register for hotel rooms on Registraon Form. Eagle Internaonal Associates, Inc. is an internaonal network of independent law firms, adjusters and claims related service providers throughout North America and Europe. www.eagle-law.com As part of Eagle’s connuing series of programs focusing on the successful defense of various claims, our two panels of esteemed claims professionals and several of our excellent Eagle lawyers will share their insights, experiences and wisdom on two parcularly tough issues. Senior Cizen Premises Liability Our first panel will explore emerging trends and best claim pracces in an ever increasing area of premises liability exposure involving senior cizens at various facilies including church campuses and senior living communies (i.e. independent living facilies and assisted living facilies). The panel will address these and other such praccal issues and offer guidance and praccal ps on how to effecvely defend premises liability claims. Catastrophic Claims Catastrophic injury claims can result in explosive damage awards and are more likely to highlight any flaws in invesgaon or evaluaon. Our second panel will share cung edge strategies for handling the largest injury cases including ps for inial invesgaon, retenon of experts and pre-suit aempts at resoluon. This Event is Complimentary to Guests REGISTER BY APRIL 25 TH Adjuster Connuing Educaon Credits are pending for Florida and Texas Legal Connuing Educaon credits are pending for Illinois and Wisconsin For more informaon, please visit www.eagle-law.com or contact Terri Napolitani at [email protected] (702-221-1399) Following the Seminar Join Us For A Round of Golf at The Phoenician OR Lunch and Spa Treatments at Alvadora Spa

Transcript of INDUSTRY LEADERS FORUM: Catastrophic injury claims can ...€¦ · Catastrophic injury claims can...

Page 1: INDUSTRY LEADERS FORUM: Catastrophic injury claims can ...€¦ · Catastrophic injury claims can result in explosive damage awards and are more likely to highlight any flaws in investigation

Eagle International Associates, Inc.Presents Its

Spring 2014 Conference

INDUSTRY LEADERS FORUM:Senior Citizen Premises Liability and Catastrophic Claims

MAY 9, 2014Scottsdale, Arizona

REGISTER FOR HOTEL ROOM BY MARCH 31ST

REGISTER FOR SEMINAR BY APRIL 25TH

Royal Palms Resort and Spa5200 E. Camelback Road

Phoenix, AZ 85018602.840.3610

www.royalpalmshotel.com

Check In: 4PM Check Out: 12PM

Please register for hotel rooms on Registration Form.

Eagle International Associates, Inc. is an international network of independent law firms, adjusters and claims related service providers throughout North America and Europe.

www.eagle-law.com

As part of Eagle’s continuing series of programs focusing on the successful defense of various claims, our two panels of esteemed claims professionals and several of our excellent Eagle lawyers will share their insights, experiences and wisdom on two particularly tough issues.

Senior Citizen Premises LiabilityOur first panel will explore emerging trends and best claim practices in an ever increasing area of premises liability exposure involving senior citizens at various facilities including church campuses and senior living communities (i.e. independent living facilities and assisted living facilities). The panel will address these and other such practical issues and offer guidance and practical tips on how to effectively defend premises liability claims.

Catastrophic ClaimsCatastrophic injury claims can result in explosive damage awards and are more likely to highlight any flaws in investigation or evaluation. Our second panel will share cutting edge strategies for handling the largest injury cases including tips for initial investigation, retention of experts and pre-suit attempts at resolution.

This Event is Complimentary to Guests

REGISTER BY APRIL 25TH

Adjuster Continuing Education Credits are pending for Florida and TexasLegal Continuing Education credits are pending for Illinois and Wisconsin

For more information, please visit www.eagle-law.com or contact Terri Napolitani at [email protected] (702-221-1399)

Following the Seminar Join Us For

A Round of Golf at The Phoenician

OR

Lunch and Spa Treatments at Alvadora Spa

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PANELISTS

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MODERATORS

PROGRAM

INDUSTRY LEADERS FORUM: Senior Citizen Premises Liability and Catastrophic Claims

8:00 am Breakfast

8:30 am Welcome Timothy W. Waldeck, Esq. Waldeck Law Firm

Program Introduction John W. Storer, Esq., Swenson Storer Andrews & Frazelle

8:40 am Senior Citizen Premises Liability Moderators: John W. Storer, Esq., Swenson Storer Andrews & Frazelle Jeffrey V. Hill, Esq., Hill & Lamb Panel Discussion: David Ashley, Director of Primary Casualty Claims, Markel Corporation Dawn C. De Keyser, JD, Supervising Claims Attorney, Church Mutual Insurance Company Jan Fondse, Claims Manager-Risk Management, Holiday Retirement Company Anne P. Hill, JD, Author

10:00 am Break

10:15 am Defending Catastrophic Claims Moderators: Art Kutzer, Esq. Senter Goldfarb & Rice David A. Abrams, Esq., Strongin Rothman & AbramsPanel Discussion: Denise H. LaSorte, JD, Senior Claims Examiner, Catlin Insurance Shauna Reeder, JD, Assistant Vice President, CNA Specialty Claims Clint Thute, Litigation Specialist, Nautilus Insurance Steve Watson, JD, Litigation Manager, Sentry Insurance

11:45 am Closing Remarks Art Kutzer, Esq., Senter Goldfarb & Rice

12:30 pm Golf at The Phoenician Golf Course Lunch and Spa at Alvadora

6:30 pm Cocktail Reception

REGISTER BY APRIL 25TH

TO REGISTER - SEE ATTACHED REGISTRATION FORM

David Abrams is a founding member of Strongin Rothman & Abrams, LLP with offices in Livingston, NJ and New York, NY. David has been admitted to practice law in New York since 1986 and in New Jersey since 1988 and is also admitted in the federal courts in those jurisdictions. Mr. Abrams has over twenty five years of civil litigation experience, including significant trial experience in the State and Federal Courts of New York and New Jersey. Areas of concentration include hospitality industry litigation, premises and premises security liability, sports and recreational injury litigation, insurance coverage, construction site accidents, transportation/trucking, products liability, professional liability and commercial litigation. Since 1996, Mr. Abrams has served as national coordinating counsel for Club Mediterranee, S.A.’s insured litigation in the United States, a position he proposed, developed, and implemented. He is a former Chairman and a member of the Board of Directors of Eagle International Associates, Inc. Mr. Abrams is a contributing author to the legal treatise Products Liability in New York, Chapter 8, “Defending the Design Defect Case: Strategic Considerations,” published by the New York State Bar Association in 1997. Additionally, Mr. Abrams has lectured on a variety of civil litigation topics at Bar Association seminars and before professional organizations. He received his Juris Doctor from Hofstra University School of Law in June 1985, where he graduated “with distinction” (top 10%). He graduated from the State University of New York at Binghamton with a BA in June 1979.

David W. Ashley is the Director of Primary Casualty Claims for the Markel Corporation. David is responsible for General Liability claims throughout North America. David’s career in property and casualty insurance claims spans over 30 years and includes a wide variety of assignments and positions involving claim operations and management. Before joining Markel in 2005, he has been associated with a number of insurance carriers including Safeco, Industrial Indemnity/Coregis, Reliance, Scottsdale and Progressive Insurance Companies. David holds a bachelors degree in Business Administration from California State University at Los Angeles.

Dawn C. De Keyser is the Supervising Claims Attorney for Church Mutual Insurance Company in Merrill Wisconsin. Church Mutual insures more religious organizations than any other insurer in the United States with approximately 100,000 accounts from a wide range of religious groups and organizations. Dawn has been employed at Church Mutual for the past 2 years working on defense of religious institutions. She is a member of the American Bar Association, the Illinois State Bar Association and Defense Research Institute. Prior to her employment with Church Mutual, Dawn was a litigator with the Department of Justice Environmental Law Division as well as a partner with a Clausen Miller in Chicago. She is a graduate of Indiana University and Indiana University School of Law.

Jan Fondse is the Corporate Claim Manager for Holiday Retirement with headquarters in the Lake Oswego, Oregon. Holiday owns and/or manages more than 350 independent living communities in the US and Canada, offering a unique model of full service independent living in a resort atmosphere. She is responsible for and oversees the in-house general liability and automobile programs, and works closely with her Risk Management team and the Community Management Teams to optimize the Risk Management programs, both in loss prevention and claim management.

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Denise LaSorte joined Catlin in November 2011 as a Senior Claims Examiner. After she graduated from South Texas College of Law in May 1986, she began her insurance career with Caronia Claims that same year in Houston, Texas as a medical malpractice litigation supervisor. She then moved to Charlotte, NC in 1990 to handle environmental claims for The Royal. As a technical analyst, Denise negotiated asbestos, lead paint, chemical exposure, hazardous waste and leaking underground storage tank claims directly with insureds or their attorneys. She also frequently interacted with brokers, risk managers, state and federal agencies, all on a national basis.

In 1998, Denise relocated to Atlanta, GA with ACE USA to continue handling a broad spectrum of environmental claims, primarily on an excess/umbrella policy level basis. This included limited declaratory judgment action exposure. Then, in October 1999, she began to administer a variety of general liability claims, mainly on a primary policy level basis. From October 2000-March 2002, Denise transitioned back to medical malpractice with PHICO Insurance. There, she handled all aspects of a medical malpractice-hospital liability claim at both the primary and excess policy levels. Her jurisdictional emphasis was the southeast region and Puerto Rico.

After PHICO liquidated, Denise went to work for Zurich in their healthcare claims department where she administered all aspects of a medical malpractice-institutional liability claim at both the primary and excess policy levels. Her jurisdictional emphasis was primarily the southeast and she closely collaborated with underwriting in the new business-renewal process.

Shauna Reeder is an Assistant Vice President with CNA Specialty Claim, where she oversees high exposure professional liability claims against large U.S. and U.K. law firms, accountants, and non-medical professional services organizations. Shauna joined CNA in 2002, and has been a part of the management team since 2004. Prior to joining CNA, she worked in house at another major professional liability carrier as well as at a Manhattan law firm, where she was a trial lawyer. She began her legal career as an Assistant Corporation Counsel with the New York City Law Department, where she was a trial attorney in the Tort Division. Shauna received her law degree from Brooklyn Law School and her undergraduate degree from Brown University.

John W. Storer is a partner with Swenson, Storer, Andrews & Frazelle, P.C., in Phoenix, Arizona. Jack is a Certified Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona. His practice areas are Insurance Defense, Product Liability, Premises Liability, Vertical Transportation Industry, Large Vehicle Accidents; Construction Defect, and Insurance Coverage. Jack is a graduate of the University of Denver, BSBA 1974, MBA 1977; Law School: DePaul University 1980. His Bar membership is in Texas (1980), Illinois (1981), and Arizona (1985).

Clint Thute is a Litigation Specialist for Nautilus Insurance Group, handling some of the largest and most complex claims in the company. Clint has over 17years experience in Claims Management, having previously been Claims Director at IFG Companies / Burlington Insurance Group, Catlin Specialty Insurance, Western Heritage Insurance and Casualty Claims Director at Century Insurance Group. Clint previously was a partner at Civerolo, Wolf, Gralow and Hill in Albuquerque where he practiced insurance defense law for 12 years. Clint is a member of the FDCC, DRI, CLM and ABA and is licensed to practice law in two states. He has also spoken at numerous industry conferences on a wide variety of insurance topics. Clint and his wife Andrea have a 20 year old son, Gannon, who is on scholarship at the University of Arizona, a golden retriever and yellow lab.

Anne P. Hill, a retired bank lawyer, is the author of Unforgettable Journey: Tips to Survive Your Parent’s Alzheimer’s Disease, a short, readable book that gives adult children of people with Alzheimer’s disease realistic, easy-to-understand tips about how to approach the many challenges of having a parent with dementia. She is co-author with Dr. Marian O. Hodges of a book written specifically for doctors to give to the family caregiver of people dementia called Help is Here: When Someone You Love Has Dementia, which is being published privately and will be available late spring, 2014. Anne and Dr. Hodges also have co-authored Help is Here: When a Resident has Dementia which is currently the subject of a pre-post comparative study being conducted by the Center for Outcomes, Research and Education at Providence Health and Services in Portland, Oregon. They anticipate that it will be privately published and available in two years. Anne was a member of the State Plan for Alzheimer’s Disease in Oregon (SPADO) Task Force and now is a member of the SPADOIT (SPADO Implementing Team) Leadership Team and two working committees, one focusing on creating a dementia-capable workforce in Oregon and another studying the alternatives for those with dementia who have significant behavior issues. When she practiced law she spoke frequently to bankers’ groups and testified before national and state legislatures on environmental law issues, and now is a frequent speaker to both family and medical groups on how Alzheimer’s affects families, ways to help doctors and family caregivers communicate more effectively and strategies to help families cope with the stresses of having a family member with dementia.

Jeffrey V. Hill is a partner at Hill & Lamb LLP (www.hill-lamb.com), an insurance and trial practice law firm in Portland, Oregon. He is a thirty year trial lawyer who concentrates his practice in the areas of complex insurance coverage, professional, fire, environmental and financial liability. Jeff received his undergraduate degree in economics from Washington State University in 1978 and his law degree from the University of Puget Sound in 1981. He is admitted to practice in all courts of the states of Oregon and Washington. He is a member of the Oregon Association of Defense Counsel, The International Associate of Defense Counsel, Defense Research Institute, The CLM and is a frequent contributor to insurance and trial related presentations around the United States and Europe. [email protected]. 503-417-1104.

Art Kutzer is the managing partner of Senter Goldfarb & Rice, LLC and has been with the firm since 1987. Mr. Kutzer has been awarded the AV Preeminent rating by Martindale Hubbell, its highest level, has been repeatedly named a Super Lawyer, named to Best Lawyers in America and a Top Rated Lawyer in Personal Injury by American Lawyer. He has handled thousands of lawsuits involving most types of civil claims and advises clients how to avoid litigation. Mr. Kutzer’s recent focus of practice has been in the areas of personal injury, fleet vehicle accidents, insurance coverage disputes and bad faith. He has handled numerous cases in these areas at every level of both the Colorado State and Federal courts (including the U.S. Supreme Court). He regularly provides training seminars for attorneys, insurance companies and their adjusters regarding handling Colorado claims, and has acted as an arbiter and expert witness. He has lectured to the Colorado Claims Association, Colorado Bar Association and for Continuing Legal Education programs for lawyers and paralegals. Art earned a B.S., Accounting from Colorado State University and a J.D. from the University of Denver.

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PANELISTS

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PARTICULARS

HOTEL REGISTRATION ... Your hotel room reservations are made by completing the Guest Registration Form and returning it to Terri Napolitani by March 31st. If you call the resort to make your reservations, they will refer you back to Terri. No credit card information is required at the time of registration. Each guest will provide a credit card at check-in. Group Room Rate: $359 which includes the Resort Fee. The resort fee includes all non-food and beverage and non-spa personnel gratuities, porterage, housekeeping, daily maid service, use of the Alvadora Spa facilities and fitness center, individual wireless high speed internet access, local and toll-free access phone calls, in-room coffee, valet parking and shoe shine service.

EDUCATIONAL PROGRAM ... Following a buffet breakfast, Jack Storer and Art Kutzer, Co-Chairs of the Spring Seminar Committee, will open our morning program, Industry Leaders Forum: Senior Citizen Premises Liability And Catastrophic Claims.

Jack Storer and Jeff Hill will moderate a lively panel discussion on Senior Citizen Premises Liability with panelists David Ashley, Director of Primary Casualty Claims at Markel, Jan Fondse, Claims Manager-Risk Management at Holiday Retirement Company, Dawn De Keyser, Supervising Claims Attorney at Church Mutual Insurance Company and Anne Hill, author of Unforgettable Journey: Tips to Survive Your Parent’s Alzheimer’s Disease.

Joining Art Kutzer and David Abrams as Moderators of Defending Catastrophic Claims are panelists Denise LaSorte, Senior Claims Examiner at Catlin Insurance, Shauna Reeder, Assistant Vice President at CNA Specialty Claims, Clint Thute, Litigation Specialist at Nautilus Insurance and Steve Watson, Litigation Manager at Sentry Insurance for an insightful discussion.

Casual business attire is recommended.

GOLF ... Contoured out of the beauty of the spectacular Sonoran Desert, The Phoenician features a 27-hole championship golf course that inspires your spirit of adventure. Designed by Ted Robinson, Sr. and Homer Flint, The Phoenician’s three diverse nine-hole courses create 18-hole combinations for the challenge and fun you crave. Tee off on the finest golf courses in Scottsdale, Arizona, with 6,300 yards of extraordinary terrain with gorgeous greens, pristine desert views, breathtaking scenery and Arizona’s only sand-island green! Named “North America’s Leading Golf Resort” by the World Travel Awards, The Phoenician has been ranked among the “Top 75 Golf Resorts in America” by Golf Digest. Tee time is 12:30. A boxed lunch and refreshments during play are included. Club rentals are available. Proper golf attire is required.

LUNCH AND SPA AT ALVADORA ... Enjoy lunch on the terrace of T. Cook’s complete with scenic Camelback Mountain views and blooming bougainvillea. Just a few steps away, the Alvadora Spa offers a collection of signature treatments centered around the nurturing essences of the Mediterranean, soothing the spirit, renewing the body and enriching the mind. For more information, please see the announcement on the following page. There will be a fee for the luncheon which will be paid with your conference fee, but your treatments will be paid directly by you to the Spa, which you can charge to your room. Appointments should be booked directly with Glorianna Wood, Spa Director, at 602-977-6401 and reference the Eagle Group.

FAREWELL RECEPTION ... Eagles and guests will get together at sunset for drinks and light hors d’oeuvre to recall the days’ events and wish everyone a fond farewell until our next gathering.

Steve Watson is the Litigation Manager of Sentry Insurance Company in Scottsdale, Arizona. Prior to his position at Sentry, Steve was Vice President of Claims at Legacy Insurance Services and Arizona Automobile Insurance Company in Phoenix, National Litigation Director at Royal & Sun-Alliance Insurance Company – Orion Auto, Viking and GNIC Divisions in Englewood, Colorado, Western States Regional Manager of Superior Insurance Company in Anaheim, California and Regional Claims Manager of Guaranty National Insurance Company in Englewood, Colorado.

Timothy W. Waldeck of Waldeck Law Firm located in Minneapolis, Minnesota, is licensed and practices law in both Minnesota and Wisconsin. He is a 1970 graduate of Bradley University and a J.D. graduate of Drake University in 1972. He is a member of the Hennepin County and Minnesota State Bar Associations; the Minnesota Defense Lawyers Association; the State Bar of Wisconsin; the Twin Cities Claims Association; and is AV rated by Martindale Hubbell. Mr. Waldeck has practiced exclusively in insurance defense throughout most of his career providing defense to both surplus lines and standard line carriers with primary emphasis in defense of products liability, professional liability, and clergy abuse claims.

Mr. Waldeck has been a presenter for continuing education for adjusters and continuing legal education for lawyers throughout the years, including the following: Discovery in Liquor Liability Cases-Minnesota CLE; Employers Coverage B Exposure in 3rd Party Claims- Minnesota Claims Association; Bad Faith Litigation in Minnesota and Wisconsin-Eagle International Association; Construction Coverage Issues-Eagle International Association; Evaluating and Negotiating of Claims-Eagle International Associates; and was most recently a presenter for the CLM Annual Conference 2011 Roundtable - Commercial Litigation: Two’s Company, Three’s a Crowd. In addition, he’s a contributing author for Engineering Testimony published by the Biomedical Engineering through the University of Iowa. Mr. Waldeck has been involved in the trial of hundreds of lawsuits and has over 50 appellate court decisions from the State of Minnesota, State of Wisconsin and the 8th Federal Circuit. Mr. Waldeck is the current Chairman of Eagle International Associates, Inc.

Celebrating 25 Years 1989-2014Eagle International Associates is an international network of independent law firms, adjusters and claims related service providers throughout the United States and Europe. Eagle members are dedicated to providing insurance companies and self-insureds with the highest quality legal and adjusting services for competitive and fair compensation. As members, we are committed to the highest ethical standards and act with professionalism and civility in all our endeavours. Eagle members exceed their clients’ expectations for quality and service. At every opportunity, we promote the

use of Eagle and its members and refer existing relationships through active participation in Eagle’s meetings, programs and seminars.

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