Recommended Webinar: The Complexity of Subrogation: Condominium Projects, The Anti-Subrogation Rule, and Landlord/Tenant Issues

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PLRB/NASP Subro Investigation for Adjusters Webinar Series

“The Complexity of Subrogation: Condominium Projects, The Anti-Subrogation Rule, and Landlord/Tenant Issues”

May 17, 2016 — 12:00:00 PM CST

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Number of Occurrences Determination

3b495-legalscalesimageNumber of occurrence can be a knotty issue for courts and coverage counsel. In interpreting the standard policy language, the vast majority of courts count the causes rather than the effects of the harm to determine the number of occurrences. To determine the number of occurrences, courts must look at the specific act of the insured that immediately precedes the harm and directly led to liability.

Multiple plaintiffs sue a petting zoo for exposing them to E. coli bacteria. The petting zoo’s liability insurer maintains that the applicable policy’s per occurrence limit of $1 million must be spread among all the claims. A federal district court agrees, holding that all of the exposures to E. coli constitute a single occurrence and trigger only a single $1 million limit.

A defective plumbing system damages 19 buildings in an apartment complex. The apartment complex’s insurer maintains that 19-per occurrence deductibles apply. A federal court agrees, holding that the damage to each building constitutes a separate occurrence implicating separate deductibles.

Defective paneling damages 1,400 houseboats, house trailers, motor homes and campers. The paneling manufacturer’s insurer maintains that 1,400 per-occurrence deductibles apply. A federal appeals court disagrees, hold that the damage to all the vehicles constitutes a single occurrence implicating a single deductible. (source)

2015 CLM Webinar

Keais

Number of Occurrences Determination

Identifying the number of “occurrences” as defined in a liability policy is critical to determining whether the per “occurrence” or aggregate policy limit applies. This is often a million dollar difference. The importance of this issue is illustrated in cases involving lawsuits arising out of food-borne illnesses with numerous plaintiffs suffering from serious injuries. The claimants/plaintiffs’ goal in those cases is to maximize the policy limits available.

One such case is Republic Underwriter Ins.,et, al. v. Moore, et al, 493 Fed. Appx. 907 (10th Cir. 2012), in which both Pete Duncan (as the claims professional) and Linda Szuhy Ressetar (as counsel for the insurer) were involved. They will discuss the legal and practical lessons learned during the life of that case and recent litigation on the issue.

Date: Wednesday, June 10, 2015
Time: 12:00 PM – 12:30 PM EDT

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*This posting is for informational purposes only, as a courtesy to our reading audience. Provencher & Company has in no way been compensated for the sharing of this information. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Reptile 101: What Claims Handlers Need to Know

reptile behavior (1)Reptile strategy has taken the plaintiffs’ bar by storm. The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains, the part of the brain they share with reptiles. The Reptile strategy purports to provide a blueprint to succeeding at trial by applying advanced neuroscientific techniques to pretrial discovery and trial.

The fundamental concept is that the reptile brain is conditioned to favor safety and survival. Therefore, if plaintiff’s’ counsel can reach the reptilian portion of the jurors’ brains, they can influence their decisions; the jurors will instinctively choose to protect their families and community from danger through their verdict. Thus, the focus of the plaintiff’s case is on the conduct of the defendant, not the injuries of the plaintiff. The jurors are not interested in plaintiff’s injury, even when severe, according to the theory. Rather, the only truly effective way to engage jurors is to demonstrate how the defendant’s conduct endangers the jurors and their families. (source)

 

2015 CLM Webinar

Keais

Reptile 101: What Claims Handlers Need to Know

Plaintiff attorneys are using Reptile strategy to unreasonably increase claims value. Attend this webinar to learn the basics of the Reptile program, and what claims handlers can do to identify use of Reptile strategy, as well as defense strategies which can defeat the Reptile strategy.

Date: Wednesday, May 27, 2015
Time: 12:00 PM – 12:30 PM EDT

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*This posting is for informational purposes only, as a courtesy to our reading audience. Provencher & Company has in no way been compensated for the sharing of this information. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Peak Performer’s Life: Should I Invest My Time?

Express Employment Professionals has partnered with motivational speaker Walter Bond to  do weekly short videos in a series entitled “”Peak Performer’s Life”. These videos focus on a wide variety of leadership, career, and personal growth topics.

According to Walter:

“Productive people focus on the most important task. Busy people are busy all day long … but they’re doing non-valued tasks. And as a result, they don’t have that exponential growth. So, every time you do an activity, ask yourself, ‘Should I be investing my time into this right now?’”

This short video is about time management. I recommend that everyone take the 7 minutes to watch it.

Have a great weekend!

Julie

Webinar: Independent Counsel – When Required & Strategies for Defense

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Independent Counsel:
When Required & Strategies for Defense

Keais

Claims with multiple insured defendants and coverage conflicts present difficult litigation management & resolution challenges. This session will discuss determining if there are coverage conflicts and how to address such issues. In addition, the session will discuss issues and strategies for litigation management of claims with coverage conflicts and conflicts between insured defendants including dealing with independent counsel and handling negotiations.

Date: Wednesday, March 11, 2015
Time: 12:00 PM – 1:00 PM EDT

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*The posting of this article is for informational purposes only, as a courtesy to our reading audience. Provencher & Company does not own, has in no way been compensated for the sharing of this information, and content of said article belongs to that of the originating author. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

 

Recommended Webinar TODAY: Property Title Searches – Concepts & Practical Application for Insurance Claims

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As part of AFX Research’s service to the insurance industry, they offer an annual free training webinar. This year’s webinar is scheduled for today, Thursday (February 5th) at 11am EST. The webinar will run approximately 30 minutes and will cover the following topics:

Ø The process to research a property and create a title search report
Ø Discuss what items are listed on the report
Ø How to read a title search
Ø Best practices for using title searches for claims handling

If you are interested in attending the link to the webinar is below and you can register now:

https://attendee.gotowebinar.com/register/7584615190881640962

Lead Presenter – David Pelligrinelli: Board Member of the National Association of Land Title Examiners and Abstractors, expert witness for the Department of Justice on matters of recorded title documents and a licensed Private Investigator in Florida, California, Washington and Michigan.


 

*The posting of this article is for informational purposes only, as a courtesy to our reading audience. Provencher & Company does not own, has in no way been compensated for the sharing of this information, and content of said article belongs to that of the originating author. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Recommended Webinar: Sprinkler System Claims: Information Every Property Adjuster Should Know

fire sprinkler

Provencher & Company is recommending the following upcoming webinar:

Sprinkler System Claims:

Information Every Property Adjuster Should Know

January 30, 2015

by

PT&C LWG Forensic Consulting Services

PTC

One hour of CEU credit will be offered in

AL, FL, GA, IN, LA, MS, NH, OK, TX, UT, WY and Alberta.

Click here to register!

*****

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