2018 CLM New York Conference & Holiday Party

About the Event

CLM New York covers a wide range of important issues during interactive sessions. Participants will learn about the latest developments and trends in coverage litigation as well as strategies for handling extra-contractual exposures while networking with other industry professionals.

The conference will take place at the Sheraton New York Times Square Hotel, followed by the holiday party hosted by The Terrace Club. 

Registration for the CLM New York Conference includes registration for the CLM Holiday Party.

Featured JAMS Neutrals

Daniel B. Garrie, Esq.
Laura B. Frankel, Esq.
Stacy L. La Scala, Esq.
Andrew S. Nadolna, Esq.
Adrienne Publicover, Esq.

Date / Time

Wednesday, December 12, 2018

Conference 
Sheraton New York Times Square Hotel
8:00 AM - 5:00 PM ET

Holiday Party
The Terrace Club
6:00 PM - 10:00 PM ET

Location

Sheraton New York Times Square Hotel
811 Seventh Avenue - 53rd Street
New York, NY 10019

The Terrace Club
25 West 51st Street
New York, NY 10019

Speaker

Topic

Andrew Nadolna

Considerations for Mediating Liability Claims with Insurance Coverage Issues
Wednesday, December 12, 2018 | 9:30 AM

Mediating and settling a liability claim with insurance coverage issues can be incredibly challenging for insurance companies and their defense and coverage counsel. The panel will share their insights on these mediations, including the timing of these mediations, considerations for selecting a mediator, discussion of coverage issues in mediation statements and briefs, how to raise coverage issues in mediations, the challenges between policyholders and insurers in these matters, the role of defense and coverage counsel at same, and settlement strategies that involve coverage considerations. Specific coverage issues that often appear in mediations will be discussed, including fact-based coverage defenses, policy limits settlement demands, the threat of consent judgments, and rescission.

Laura B. Frankel, Esq.

Tick. . .Tick. . .Tick. . .KABOOM: Is Your Next Eroding Limits Policy Case the One That Explodes?
Wednesday, December 12, 2018 | 10:50 AM

The tripartite relationship remains an ethical and practical minefield. Conflicts of interest and extra-contractual damages threaten everyone. Verdicts in excess of policy limits surprise as attorneys and claims professionals work their way through high-stakes litigation. This presentation takes on the unexplored world of eroding policy limits and focuses on the difficult questions that are unique to defending claims arising from those policies. The panel will also address the perceived advantage of declining limits policies and whether they are worth the potential cost.

Eroding limits policies are fraught with peril and raise difficult issues – a time bomb we know is there and waiting to explode. This panel will help defuse the worry and offer practical suggestions and strategies for dealing with the suspense and avoiding the carnage.

Daniel Garrie, Esq.

How to Mediate a Cyber Dispute
Wednesday, December 12, 2018 | 12:10 PM

As more companies seek the protection of cyber insurance, claim disputes are becoming more and more common. Recently, courts have laid down harsh rulings on cyber coverage claims, which has unsettled many companies. Because of this, companies are beginning to look to mediation as an alternative to litigation to obtain equitable outcomes with respect to their cyber coverage claims. This seminar provides valuable insight on the potential benefits of mediation cyber insurance coverage disputes and how to optimize your mediation. The panelists will also discuss the key features of cyber insurance policy, common pitfalls that policies may contain, and using cyber insurance in the context of a wider risk management strategy.

Stacy L. La Scala

Peace, Joy and Happiness: The Zen of Mediating Difficult Positions and Issues with Emotional Parties
Wednesday, December 12, 2018 | 2:10 PM

This presentation will arm the attorney, claim professional and risk manager with key strategies in negotiating with difficult personalities and navigating corporate agendas. The panel will address the challenges posed by both individuals (including the emotional claimant, the hard-nosed negotiator, and the meddling personal counsel) and corporations (including portfolio strategies, nationwide agendas, and adverse publicity concerns) attempting to resolve complex and emotionally laced issues. Key concepts of pre-mediation of preparation, in session communication techniques, and post-mediation closure devices will frame the discussion. This session will have practical application to a diverse range of disputes and will be of critical import to those handling claims throughout the United States.

Adrienne Publicover

Your Bias is Showing! Tips for Identifying and Overcoming Unconscious Biases in Settlement Negotiations
Wednesday, December 12, 2018 | 3:30 PM

You’re preparing for an upcoming mediation. You've evaluated the facts, good and bad. You've considered the legal issues. You've vetted your strategies with your client, partners, and claims professional. And hopefully, you've considered your opposing party's point of view and likely strategy. But have you considered how unconscious bias might affect your outcomes? No matter how enlightened, neutral, and free thinking you believe you are, biases are always at work whether you realize it or not. These unconscious biases extend beyond the obvious stereotypes associated with gender, age, or race and can even extend to certain types of plaintiffs, defendants, and cases. Your unconscious bias can unwittingly create barriers to successful resolution. Consequently, it is incumbent upon us as legal and claims professionals to evaluate those biases and take action to mitigate same. Following this presentation, attendees will have the specific tools necessary to accomplish just that.