During this presentation, we will address the accident response, including the persons involved, and the importance of imposing strict preservation obligations upon drivers and contractors. We will explore the investigation of an accident scene and the aspects of the scene that should be examined promptly, when possible, to capture the roadway, vehicles, and environment in the condition they were in at the time of the incident. We will also address the various sources information can be ascertained from, at the scene investigation and beyond. The presentation will also explain the various pieces of data that are derived from electronic vehicle recording systems, and how those can be used in presenting a defense or evaluating the driver’s liability. Lastly, we will address the different kinds of experts that can assist in the liability assessment and defense, and instances where bringing on those experts during the investigation phase may prove advantageous.

Major League Baseball games are a part of the fabric of America. A national past time that families have enjoyed since before the American League and National League joined together to form Major League Baseball in 1903. However, with more and more major league teams updating their stadiums, or constructing new ones altogether, the fans are getting closer and closer to the game. The new proximity of the fans to the diamond, combined with batted balls coming off the major leaguers’ bats at 100 mph, have resulted in serious injuries.

While bowling alley foul line breaches may seem elementary, courts in various states have been reluctant to treat them as such. This presentation will look at states’ treatment of assumption of risk, applicability of contributory negligence as a bar to recovery, and evaluation of these standards through the Court’s lens. The goal of this presentation is to provide a brief but informative overview of the key factors influencing liability, the standards applied by the Courts in evaluating liability, and use specific case examples to illustrate their interplay.

Community Associations are typically composed of a Board of Directors that volunteer their time and energy in hopes of improving their neighbors and their own quality of life and investment. However, many Associations leave themselves exposed to litigation by failing to ensure their Governing Documents and Contracts properly protect their interests. This presentation will be tailored towards insurers and claim handlers in understanding the various ways in which Community Associations leave themselves vulnerable to litigation, and how to properly evaluate a claim in such scenarios.

This presentation will educate the attendee as to Cyber Liability insurance coverage and how to properly and adequately prepare the client and the claims handler for a cyber attack and breach. The presentation will examine how to prepare for a breach, while also explaining how to safeguard data in order to prevent a breach. Managing access to data is an important tool in order to prevent cyber intrusion and the presentation will discuss what occurs when data is mismanaged or improperly managed. Once a breach occurs, it is important to have a swift and controlled response, and the presentation will discuss proper response techniques and how to remediate the company/client due to a breach.

Before an accident even occurs, companies and insurers must know how all actions taken leading up to the accident have an ultimate effect on how the claim is eventually resolved. During this presentation, we will explore how to prepare for an accident from the time a driver is hired, to when they begin driving, and ultimately how to handle the “Reptile Theory” questions post-accident.

Thirty states have statutory provisions that allow licensed establishments such as restaurants, bars, and liquor stores to be held liable for selling or serving alcohol to individuals who cause injuries or death as a result of their intoxication. Twenty-two of the thirty states statutorily limit the liability to cases where the establishment sold or served alcohol to: An obviously intoxicated individual; or a person under the legal drinking age.

Recent trends in personal injury litigation have seen a dramatic rise in specific deposition questioning intended to increase the amount of potential damages during a defendant’s testimony, even in cases where liability has already been admitted by the defense. Knowing how to not only anticipate these lines of questioning but preparing a client to do the same can often be the difference between a reasonable settlement and a nuclear verdict for the plaintiff.

The future of delivery transportation is upon us and it does not include a driver. Amazon proposes to use drones to deliver packages through its Prime Air program. Domino’s Pizza wants to deliver your next pie with a drone. FedEx and UPS are working to bring your next day air package literally by air to your doorstep. Google has patented a driverless delivery truck and Uber wants to get you home with a driverless car.

In order to enhance the ability of claims professionals to understand the nuances of condominium law in Florida and navigate pitfalls of litigation in Florida related to insured condominiums, an overview of the legal framework governing condominium associations and condominium association litigation in Florida is presented.

Litigation has one ultimate goal: successful resolution. Many times, a successful resolution will be defined as winning the case on the merits, particularly in a case where liability is clearly adverse. However, sophisticated clients will often define a successful resolution as “the earliest resolution possible for the least amount of dollars expended.” Early resolution though dismissal, settlement, and even a speedy trial allows a client to get back to their core business and stops the drain on client resources from the litigation process.

One of the most overlooked elements of claims defense is the necessary preservation of evidence, and the significant effects that a failure to do so can have on resulting litigation. This presentation will take a deeper look at the numerous examples of potential spoliation that many claims adjusters, independent investigators, and even attorneys often overlook in their investigation of a claim. It will also provide a multi-state overview of the various sanctions often implemented against defendants during litigation, with roots in each state’s pattern jury instructions, civil court rules of practice, and various case law on the issue, to illustrate both the similarities and differences in each state’s interpretation of the concept.

The purpose of this course is to define third-party litigation funding; understand why plaintiffs want and/or require funding; lean how plaintiffs obtain funding (and plaintiffs’ attorneys’ role in obtaining same); consider ethical aspects of the loans; and discuss defense options and strategies as to these loans.

To date, twenty-nine states (29), as well as Washington, D.C., now allow for the cultivation and use of marijuana for medical and/or recreational purposes. Seven new states legalized marijuana in the last election alone. Nevertheless, marijuana is still classified as a Schedule 1 controlled substance under the Controlled Substance Act. Therefore, this presentation will look at how state courts have decided whether marijuana-based insurance claims are enforceable under policies in “legal” states.

Once an accident occurs and a notice of claim or suit is filed, the transportation carrier must make a determination how to effectively handle the claim. This evaluation process takes into account all the available liability and damages defenses, however, once the decision is made to attempt resolution the carrier must determine the best settlement strategy. Often the biggest obstacles to settlement of cases in this industry is the life care plan, which uses inflated data to project lofty future expenses.

The rise in popularity of mock trials (a/k/a focus groups) are designed to give litigants and attorneys valuable insights into jury deliberations on critical issues in a contested case. During this presentation, we will explore the techniques and strategies being used in the growing mock trial industry. Specifically, as defense attorneys, we discuss how to develop and present critical issues or “defense anchors” in a mock trial.

The purpose of this course is to discuss corporate representative depositions, including: the obligations imposed on the requesting and responding parties by the applicable rules and interpreting law; discovery trends in both the theories of liability and lines of questioning pursued by plaintiffs’ counsel; defense options and strategies when responding to requests for a corporate representative deposition, and trying to weave responses into defense themes; and the potential impact of corporate rep deposition testimony and admissions upon a claim’s value.

The Office of the Attorney General states that insurance fraud costs each NJ resident $1,300 per year.  Our presentation seeks to do the following: (1) outline fraud in the BI claim; (2) outline fraud in medical records/treating physicians; (3) discuss how to detect fraud; and (4) what carriers can do about fraud in the defense of BI Claims?