2011 Brown & James Law Symposium
General Defense and Insurance Law Seminar
Thursday, January 27, 2011
St. Louis Marriott West
660 Maryville Centre Drive
St. Louis, Missouri 63141
Please Note: Registration is full, if you would like to be placed on a waiting list and receive course materials, please email Michael Taylor, mtaylor@bjpc.com.
Brown & James presents its annual General Defense and Insurance Law Seminar, addressing the most recent trends in general defense litigation and insurance law in Missouri and Illinois. This complimentary seminar is designed for those in the risk management and claims field to assist them with important legal issues and new developments in the law.
The seminar has been submitted for both Missouri legal CLE credits and Missouri insurance adjuster CE credits.
Click Here for Brochure
Click Here for Hotel Information
Please note, rooms at the Marriott have sold out but there is a group rate at the Drury Plaza Hotel located only three miles from the seminar. Click the link to reserve online or use the code 2107965.
Must book by Jan. 12, 2011.
Brown & James 2011 Seminar Program
Continental Breakfast 8:00 - 8:30
Welcome and Introduction 8:30 - 8:40
Case Law Update 8:40 - 9:50
BREAK (10 min.)
Keynote Address
Internet Profiling and Intelligence Gathering 10:00 - 12:00
Michele Stuart
Ms. Stuart is a licensed Arizona private investigator specializing in financial, skiptracing and open source investigations. She will provide an in-depth discussion on internet and open source investigations that are critical in contemporary, state-of-the-art first and third party claims investigations.
LUNCH (45 min.)
Breakout Session I 12:50 - 1:50
Bad Faith
Jacqueline Kinder, Russell Watters
Avoiding the SET-UP! This panel discussion will address how to avoid bad faith claims, including a brief explanation of bad faith law in Missouri and Section 537.065 agreements that are intended to set insurance companies up for bad faith. The session will then discuss hypothetical fact situations and how to avoid the set-up.
Subrogation, Preparing the Claim File From Inception
Richard Gerber
Subrogation can be won or lost at the early adjustment stage. The breakout will discuss how to recognize subrogation potential, site inspection, evidence and spoliation, expert retention/expert reports, joint prosecution agreements/real party in interest issues, and how to overcome roadblocks to successful subrogation recoveries.
Construction Defect
Lawrence Grebel, Mike Ward, Kenneth Goleaner
Is there coverage, and if so, how to defend. This topic will include a panel discussion of recent coverage issues relating to construction defects, and tips for defending construction defect cases. This topic will also address the practical effects of the recent Missouri Supreme Court decision addressing occurrence based claims.
Breakout Session II 2:00 - 2:50
Emerging Issues Relating to Business Income, Extra Expense and Appraisal Pitfalls
Randy Wilson, Tim Wolf
A loss occurs and there is a claim for business income and extra expense. How do you begin adjusting these losses, and what is the role that recent emerging issues are having on this adjustment? This discussion will address what information and documentation are necessary to analyze and adjust these claims, as well as the types of issues likely to arise along the way.
Defending the Causation Element of Injury Claims
Bradley Hansmann, Dr. Kevin Quigley
Liability might be clear, but did the incident cause the injury? More than ever we are seeing low-impact collisions and simple slip and falls result in high medical bills and high demands for settlement. This panel will discuss various tactics for defending these claims, and the use of various diagnostic films that aid in the determination of whether a certain trauma indeed caused an injury.
Recorded Statements: Techniques, Tools and Tips
Robert Brady
The recorded statement is one of the most valuable investigative tools available to claims personnel. This session will include a detailed discussion of how to make the most out of the statement, and how to avoid potential pitfalls and issues that can arise.
Breakout Session III 3:00 - 3:50
Hot Topics Relating to Premises Liability
David Bub
This discussion will address the latest trends in premises liability cases, new case law, and statutes affecting how we investigate and adjust premises liability claims.
Rules of the Road
Joseph Swift, Beth Kamp Veath
Depositions are one of the most effective litigation tools. “Rules of the Road – A Plaintiff Lawyer’s Guide to Proving Liability” advertises that it is a textbook designed to set forth a systematic technique for finding and refining the key issues that underlie liability issues in cases. This topic will identify these techniques so that you can adequately prepare for your deposition.
Examinations Under Oath – Confessions and Other Stories
Robert Cockerham
The Examination Under Oath is the most powerful tool an insurance carrier has in the evaluation of a claim. You will learn how to properly set up and use an EUO, the legal standards that apply to EUOs, the information that may be obtained in an EUO and what questions insureds may refuse to answer. Additionally, you will hear how to evaluate the methods of taking EUOs, and how EUOs may be used during trial and otherwise.
Question & Answer 4:00
Cocktail Reception to Follow