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Ensuring all parties understand the process and recognize ethical rules during the investigation process is critical. Investigation of construction claims continues to evolve at a lightning fast pace. The panel discussion benefits all attendees through identifying and developing reliable, supportable methods for allocation, while eliminating the unfounded and subjective approaches used haphazardly in today’s insurance market.Ĭaution! Ethical Complications with Pre-Litigation Investigation of Construction Claims - CE/CLE PROVIDED 10:10 AM -11:10 AM The roundtable is a perfect setting to explore ways through a diverse cross-section of the insurance market to eliminate the current subjective methods of allocation commonly used. This panel explores typical approaches currently used with a focus on lessons learned from actual cases.

No longer should allocation be a magic trick by which costs are allocated to the entity with the deepest pockets. However, the question remains - is this method productive in resolving claims and lawsuits in a legitimate and equitable manner? Considering that expert opinions should be supported by evidence and sound scientific principles, similar approaches must be established to define appropriate and accurate allocations. This has come to be expected in the litigious construction defect market. Allocating responsibility between interested parties often skews from reality and often include numerous interested parties with associated experts pointing fingers at everyone else. Science or Fiction - The Art of Allocation in Claims - CE/CLE PROVIDED 10:10 AM -11:10 AMĪllocation methodologies used in claims are far too speculative, often absent of verifiable scientific approaches, and typically reliant on subjective and biased opinions.

This panel will discuss these topics and give pointers on how to obtain information effectively regarding a claim without being inadvertently offensive to an insured’s culture. Making missteps on this subject, whether in a recorded statement or an examination under oath, could lead to a wrong answer regarding whether fraud is being committed, and could expose the insurer to extra-contractual liability due to being perceived as treating their policyholder insensitively and improperly. On the other hand, cultural practices may provide clues to improper conduct. It is important to be aware of the effect that the insured’s cultural background has on his or her living situation and practices to avoid assuming conduct is suspicious when it is culturally normal. What’s an industry to do when faced with plaintiff-funded litigation, social inflation, and other factors?Ĭonsidering Cultural Background In Conducting Fraud Investigation - CE/CLE PROVIDED 10:10 AM -11:10 AMĬonducting an SIU/potential fraud investigation of a company’s own insured is a sensitive task in light of the obligations an insurer owes to its policyholder while at the same time adequately investigating to determine whether there has been a misrepresentation or concealment of material facts. Runaway Verdicts – Multi-million-dollar verdicts are more frequently in the news. Innovation in Insurance – AI, data analytics, and other technologies and their impact on our industry. Evolution in the litigation management ecosystem will provide opportunities for those who are ready to embrace the change. Litigation Management - Innovative change is rapidly impacting all areas of business including the delivery and deployment of legal services. Our future is dependent on fostering an environment open to change. Today almost 50 percent of our workforce is being driven by Young Professionals. The way we work and our expectations are evolving.

Young Professionals – Each generation has helped progress the insurance industry. Then this high-energy panel will sit down for an interactive discussion and Q&A from the audience.

We kick off the first full day of the 2020 Annual Conference with a series of short “Ted-like” talks addressing some of the game-changing factors that will affect our industry for years to come. Game Changers - Shaking Up the Industry 8:30 AM -9:45 AM

#GREATING AND SHARING FILES WITH TRIBLER HOW TO#

#GREATING AND SHARING FILES WITH TRIBLER FULL#

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