Course Descriptions

WC - 101 Basics of Workers' Compensation Subrogation (2 hrs.)

With 50 separate bodies of workers' compensation law, this area of subrogation remains one of the most confusing and difficult to master. This introductory level course focuses on the basics of workers' compensation subrogation - Who can bring a third-party action? Who qualifies as a third-party? How is a recovery allocated once recovery is made? Is the carrier's lien reduced by the worker's attorney's fees and litigation costs? How and when can a carrier receive statutory credit for monies recovered by the worker and a reserve take-down. Handouts will be provided.

WC - 201 Advanced Concepts of Workers' Compensation Subrogation (2 hrs.)

Best presented after WC-101, this advanced class gets into the most complex, yet equally important aspects of workers' compensation subrogation - contractual limitations to subrogation, waivers of subrogation, indemnity and hold harmless issues, statutory employer defenses, exclusive remedy rule exceptions such as the dual capacity doctrine and intentional act exceptions, just to name a few. Additional subjects covered are subrogating medical and legal malpractice, conversion of liens, application of the made whole doctrine, employer contribution actions, traps and pitfalls in construction settings, and borrowed servant and staff leasing industry issues. Handouts will be provided.

WC - 301 Extraterritorial Subrogation (1 hr.)

This course can be presented before or after WC-101 and/or WC-201. In today's multi-state and global economy, it is commonplace for employees hired and situated in State A to travel to State B and get injured there, and subsequently receive benefits under State A or perhaps even State C. The interplay between the laws of multiple states presents not only a complicated and confusing scenario for the most experienced subrogation professional, but also a unique opportunity to finesse the application of subrogation law from the state in which the third-party suit is filed, which may offer negative drawbacks likely to result in a greatly reduced recovery or no recovery at all. Specific examples of actual cases are discussed and resolved using the conflict of law rules of the forum state in which the suit is filed. Handouts will be provided.

WC - 401 Subrogation Investigation In Workers' Compensation Claims (2 hrs.)

Routine investigation in workers' compensation claims rarely focuses on the issues and facts that truly need to be nailed down in order to substantiate third-party liability. This is because the myriad of potential third-party issues facing subrogation professionals are deflating and can involve legal issues beyond their expertise. This session looks at the nuts and bolts of investigating workers' compensation losses, and how and when to focus on particular issues - including product liability, borrowed servant, warranty, evidentiary, and contractual issues. This session focuses on helping the subrogation professional or vendor effectively investigate work-related injuries at the most critical stage of a workers' compensation subrogation claim. Handouts will be provided.

WC - 501 Documenting Future Workers' Compensation Credits (1 hr.)

In most states, when an employee makes a third-party recovery, the workers' compensation carrier usually has certain rights of recovery and/or reimbursement, together with a specific right to a credit against its obligation to pay future workers' compensation benefits based on the amount of the claimant's third-party net recovery, or some formula set forth by state law. Plaintiffs' lawyers continue to throw every obstacle in the paths of subrogation carriers, seeking to diminish or eliminate altogether your right of recovery. Carriers cannot always assume that simply because there is a recovery, they can stop making future benefit payments. Unfortunately, most states have certain requirements and statutory or regulatory filings which must be made before a carrier has a legitimate and contestable right to stop making benefit payments and take down a large reserve. This course focuses on understanding and properly complying with those requirements. Handouts will be provided.

WC - 601 Workers' Compensation Subrogation In Construction Settings (1 hr.)

In a noble effort to ensure that construction workers are covered by workers' compensation insurance, one way or the other, courts and legislatures are dangerously close to throwing out the baby with the bathwater. Efforts to guarantee coverage in construction settings involving owners, general contractors, and subcontractors have resulted in a snowballing expansion of the exclusive remedy rule and a marked diminution in third party subrogation recoveries when injuries occur on construction projects. This course surveys the wide ranging laws addressing workers' compensation subrogation rights in construction situations across all 50 states. Indemnity, waivers of subrogation, and Owner-Controlled Insurance Programs (OCIPs) - also known as wrap-up insurance - all combine to make subrogation in these areas some of the most complicated insurance professionals will encounter. This course will review the laws across the country and explore the labyrinth of existing statutes and case decisions which affect your rights of recovery across the country. Handouts will include a copy of "Workers' Compensation Subrogation In Construction Settings: In All 50 States".

HE - 101 Introduction to ERISA and Health Insurance Subrogation (2 hrs.)

This course serves to introduce a claims or subrogation professional to the basic concepts of health insurance subrogation and the many legal issues it envelops. From non-ERISA to insured ERISA to fully self-funded ERISA plans, this course familiarizes the subrogation professional with health care subrogation, beginning with basic concepts and premises to an overview of the interplay between ERISA's preemption, saving and deemer clauses. Subrogation professionals will learn how to read and understand plan language, and are introduced to the concepts of subrogation and reimbursement in the health insurance plan context. Handouts will be provided.

HE - 201 ERISA Preemption (2 hrs.)

Preemption is the key to why subrogating ERISA-covered employee welfare benefit plans is different and more powerful than ordinary insurance subrogation and understanding preemption is the key to successful ERISA subrogation for your recovery team. This course delves into the nuances of ERISA's preemption, saving and deemer clauses. It looks at what they mean, which state laws are preempted, and why. Often over-simplified by trials lawyers, even a basic understanding of this complicated subject will give the insurance professional a distinctive advantage in negotiating recovery of benefit payments made by your plan. Specific state laws are reviewed to determine which laws are preempted and which are not. Handouts will be provided.

HE - 301 Subrogating Fully-Insured and Non-ERISA Plans (1 hr.)

Not all employee welfare benefit plans are ERISA-covered, and many ERISA-covered health plans are not self-funded. It is just as important for subrogation professionals to know and understand how to effectively and efficiently pursue subrogation and/or reimbursement rights of a non-ERISA or fully-insured ERISA plan, as it is to be familiar with the mechanics of ERISA itself. This course addresses the vagaries of subrogating these "red-haired step-children". Many trial lawyers do not realize or believe that fully-insured ERISA plans should enjoy the many benefits of ERISA preemption, even though they do not enjoy the broad preemption rights of self-funded plans. Subrogation professionals will be trained in the nuances of subrogating fully-insured plans, which may be able to avoid harmful state laws where the laws do not "regulate insurance", as well as those involving non-ERISA plans, which may enjoy state laws which allow the parties to a health plan to contract around such harmful state laws. Handouts will be provided.

HE - 401 Understanding and Applying Knudson, Sereboff and Carillo (1 hr.)

The United States Supreme Court has thrice interpreted the meaning of "appropriate equitable relief" as used in 502(a)(3); first, in Mertens v. Hewitt Associates, 508 U.S. 248 (1993), then, in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), and, most recently, in Sereboff v. Mid Atlantic Medical Services, LLC, 126 S. Ct. 1869 (2006). These cases are three of the most important subrogation decisions ever to be decided by the United States Supreme Court are also the most difficult to understand. This course makes these complex cases understandable, and then teaches the attendee to apply that new understanding to routine subrogation files across all 50 states and all federal appellate circuits. Handouts will be provided..

HE - 501 Subrogating Occupational Accident Plans (1 hr.)

Occupational accident benefits (sometimes referred to as Accident and Health or Truckers Insurance) are routinely mistaken for workers' compensation benefits resulting in confusion, reduced recoveries, or no recovery at all. This course focuses on teaching subrogation professionals what an occupational accident plan is, and how state insurance law will treat our subrogation rights. Throughout this course, we will discuss a detailed strategy on handling and negotiating with trial lawyers who are bent on destroying subrogation rights involving such plans. Finally, we will debunk the urban myth that occupational accident policies do not qualify for coverage under ERISA. Handouts will include our Subrogating Occupational Accident Subrogation In All 50 States chart and a copy of the PowerPoint presentation.

HE - 601 Improving Your Health Plan Language (1 hr.)

Quite frequently, the subrogation and reimbursement rights of a health plan or insurance policy are only as good as the subrogation and/or reimbursement language it contains. ERISA itself grants no rights of recovery, but only provides the plan and plan participant the right to contract for the terms of providing insurance. Plan language is the key to defeating the made whole doctrine, the common fund doctrine, and motions to dismiss for lack of subject matter jurisdiction. Plan language is the benchmark by which the Supreme Court determines which rights a plan is and isn't entitled to have. This course reviews the significance of even minor variations in plan language, and can be the stepping stone for working with underwriting or management toward revision of plan language as is necessary. Handouts will be provided.

HE - 701 Avoiding the Made Whole and Common Fund Doctrines (1 hr.)

The equitable doctrines of made whole and common fund are perhaps the most ill-understood and erroneously applied concepts in all of subrogation. Trial lawyers' organizations consistently misunderstand these affirmative defenses to subrogation and courts around the country regularly misapply them to contractual subrogation rights as opposed to simple equitable subrogation rights. This course provides an overview of the doctrines themselves and takes a critical look at the plan language necessary to overcome their application in all federal circuits. This course assists ERISA plan subrogation professionals in avoiding these doctrines by preempting state laws which apply them, and assists those who handle non-ERISA and fully-insured plans understand the variety of state laws which still allow a plan to contract around the application of these doctrines. Handouts will be provided.

HE - 801 Advanced ERISA and Health Insurance Subrogation (2 hrs.)

If it isn't covered in HE-101 through HE-102, it will be covered in this course. This is the advanced version of HE-101 and makes understandable perhaps the most confusing area in all of subrogation. This course covers subjects such as jurisdiction, conflict and complete preemption, "regulation of insurance", and the interplay between health insurance subrogation and workers' compensation laws, no-fault automobile insurance laws, lien reduction statutes, collateral source rules, and a number of state anti-subrogation statutes. The course also discusses subrogating against uninsured motorists benefits, coordination of benefits, constructive trusts, and HIPAA. Handouts will be provided.

PR - 101 Introduction to Property and Casualty Subrogation (1.5 hrs.)

Fire and casualty and large-loss property subrogation isn't burdened by the same confusing and evolving labyrinth of state statutes, regulations and case law that hampers workers' compensation or health insurance subrogation. However, it does require, more than any other area of subrogation, prompt recognition of subrogation potential, a working knowledge of certain areas of state law (including the Made Whole Doctrine, Common Fund Doctrine and Economic Loss Doctrine), and an exigent investigation strategy that stresses the important investment which subrogation represents. In fact, it involves so many doctrines it is not surprising that property subrogation must be practiced and implemented religiously in order to maximize your subrogation recoveries. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural disasters, this 90 minute webinar focuses on training the claims/subrogation professional on when, how, and why to thoroughly investigate property losses for subrogation potential - even when the potential third party seems to be nothing other than an Act of God. Common mistakes made by our clients in the initial investigation of subrogation potential are discussed - though the names have been changed to protect the innocent. Handouts will be provided.

PR - 201 Investigation and Subrogation of Large Fire Losses (2 hrs.)

From small residential fires to catastrophic industrial explosions - successful subrogation in fire losses begins the moment 911 is dialed. This course focuses on the investigation and preparation of a fire subrogation case, with particular emphasis on product liability. Investigation checklists, cause and origin experts, such as mechanical, electrical and chemical engineers. Getting the right expert, at the right price, and having them ask the right questions at the right time, are critical to successful subrogation. Handouts will be provided.

PR - 301 Subrogating Against God (1 hr.)

The nemesis of most insurance companies is the natural disaster. Hurricanes and floods have enough destructive potential to put many insurance companies out of business. With no obvious subrogation potential or third party liability, these claim payments are seemingly money down the drain. However, tireless investigation, creativity, and research can reveal recovery potential in even the most tragic of 100-year storms. This course focuses on how to investigate and ferret out third-party recovery potential where none seems to exist. Rainstorms, hurricanes, wind storms, tornados, and the like, have traditionally been chalked up as "Acts of God". After Hurricane Katrina, however, the nation is on notice to be prepared for the worst of the worst. Failure to be prepared may lead to third-party potential. If liability is there, this course will help you find it. Handouts will be provided.

PR - 401 Understanding the Economic Loss Doctrine (1 hr.)

Fire or other damage to a motor vehicle, industrial machine, motor home or other product is a common occurrence resulting in billions of dollars of insurance claim payments. Subrogating against a manufacturer for a defect which causes that loss inevitably runs head on into the buzz saw known as the Economic Loss Doctrine. This course thoroughly reviews what this doctrine is, how it affects subrogation and liability claims, and how to avoid its devastating effects. Specific examples and a survey of the economic loss doctrine's application in all 50 states are included. Handouts will be provided.

PR - 501 Landlord/Tenant Subrogation In All 50 States (1 hr.)

Each year, tenants start billions of dollars worth of fires which destroy apartments, condominiums, retail stores, and industrial complexes. But the road to recovery from the negligent tenants by the subrogating carrier for the landlord is loaded with trips, traps, and pitfalls. In many states, exculpatory language, waivers of subrogation, and common law prohibitions, which declare a tenant to be an implied co-insured of the landlord's carrier, all present significant obstacles to making recoveries. This course surveys the laws of all 50 states regarding these issues, and reviews proper investigation and subrogation techniques for maximizing recoveries where none seemingly exist. Handouts will be provided.

PR - 601 Construction Defects Litigation (1 hr.)

Every year millions of dollars of property damage result from construction defects and contractor or architectural/design error. This burden falls on the insurance industry which must pay its insured's claims for property damage to residential and commercial buildings. This course covers the nuts and bolts of construction defect subrogation and the variety of specific statutes, limitations, and notice provisions which subrogation professionals must be aware of to successfully recover their claim dollars. Handouts will be provided.

SU - 101 Recognizing Subrogation Potential and Third Party Liability (2 hrs.)

Far too many subrogation professionals come from liability and casualty backgrounds and naturally carry with them a defense-oriented myopia regarding third-party liability. Trained to see most claims as frivolous in nature and skeptical about liability as a default, they are in need of this course, which is basically a first year law school torts class condensed into two hours. Theories of liability and basic concepts of negligence and causation are discussed, and fact scenarios in which third-party liability is traditionally overlooked or ignored are reviewed. Handouts include a tort and negligence handout and various articles. Handouts will be provided.

SU - 201 Defeating the Made Whole Doctrine (1 hr.)

It is ironic that subrogation's biggest nemesis is the area of American jurisprudence which carries with it the most false premises and largest lack of understanding. Defeating a rule which is seemingly impossible to overcome and yet serves to totally eliminate subrogation potential guaranteed to insurance carriers by contract, the made whole doctrine has metastasized into a cancer upon the entire field of subrogation, spreading to areas it was never intended to touch, such as workers' compensation. This course breaks down the basics of the doctrine in a variety of jurisdictions, and teaches theories and tactics that can be used to defeat the doctrine, or avoid its application from the very start. Handouts will be provided.

SU - 301 Motor Vehicle Laws and Liability (1 hr.)

According to the National Highway Traffic Safety Administration, there are 18,000 vehicle accidents every day in the United States, which breaks down to 750 every hour, or 13 every minutes. In 2002, 42,815 people were killed in motor vehicle crashes and 2,926,000 people were injured. This makes deaths from motor vehicle accidents the leading cause of death for people ages 2 to 33. Also in the same year, drinking and driving caused 17,419 traffic deaths, representing 41% of total traffic fatalities. Experts estimate one out of every three Americans will be involved in an alcohol-related automobile accident in their lifetime. The economic cost of motor vehicle accidents in America is more than $50 billion annually. This course reviews basic motor vehicle laws and the subrogation of automobile accidents. The development of an auto accident case is tracked from its occurrence through trial. Also included in this course are discussions on negligent entrustment, dram shop liability, and product defects which result in accidents or aggravated injuries in an accident. Handouts will be provided.

SU - 401 The Complete Guide To Taking A Future Credit In All 50 States (2 hrs.)

Workers' compensation subrogation is often more about reserve takedowns and future credits than recoveries on past liens. Trial lawyers are becoming more creative in combating your recovery rights, and they will not hesitate to attack your right to take a credit if it is not properly obtained and documented. If a carrier fails to properly take all the necessary steps to secure a future credit, if it is later challenged, that credit could be in jeopardy. Some states require specialized forms to be filed calling for specific information, while some have more informal procedures or none at all. Knowing which is which becomes indispensable information for today's claim's handlers and subrogation professionals. Some states allow credits to be taken on the gross recovery, and others on the net recovery. Some states allow a total cessation of future payment when there is a credit, while others allow only reduced future payments based on statutory formulas. Understanding the subrogation fine print regarding future credits can make the difference between a full recovery or none at all. The laws of all 50 states will be covered in this track. Handouts will be provided.

ID - 101 Interpreting Insurance Contracts (2 hrs.)

The integrity of the insurance industry and its commitment to honoring legitimate claims for which it is contractually or legally responsible is offset by the industry's concomitant desire to avoid payment of claims and damages for which it is contractually obligated and for which there is no insurance coverage - this has caused a dramatic rise in coverage litigation. In order for a claims professional to maintain profitability, it is imperative to know how an insurance contract is constructed and how to interpret it. This is an introductory course for insurance claims professionals who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation and/or reservations of rights scenarios. It provides a general overview of the construction and interpretation of basic insurance contracts, including the duties and obligations of the insurer and insured and the contractual relationship that exists between them, general terms and conditions, common issues faced in interpreting insurance contracts, proving the existence and terms of insurance policies, missing insurance policies, ambiguities, and the factors most courts will look at to evaluate the rights and duties of insureds and insurers. Handouts will be provided.

ID - 201 Uninsured and Underinsured Motorist Insurance (1 hr.)

In most states, UM and UIM insurance coverage issues continue to result in protracted litigation. This seminar will assist you in understanding these issues and how to combat them. We begin with reviewing the history of UM and UIM coverage and then address topics such as who is an insured, what is an uninsured and underinsured motor vehicle, contractual provisions, legal state of stacking and reducing clause provisions and a carrier's rights of subrogation against a UM/UIM insurance policy. Handouts will be provided.

ID - 301 Insurer's Duty to Defend (1 hr.)

An understanding of an insurer's duty to defend is central to understanding the obligations and duties of any insurance company. This seminar discusses how to determine if an insurance policy exists, an insurer's duty to defend, when an insurer's duty to defend is triggered, consequences of a failure to defend, the excess insurer's duty to defend, and extinguishing the duty to defend. Also discussed are options available to an insurance company when coverage is contested. Handouts will be provided.

ID - 401 Bad Faith Litigation (1 hr.)

A majority of states have adopted the tort of first-party bad faith. This course will review the elements of bad faith claims including damages available to an insured who is successful in pursuing such a claim. Additional topics covered are insurer's duty of good faith and fair dealing, conflict of interest, insurer's duty to third-party claimants, insurer's duty to its excess insurer, tort actions, policy defenses, and recommendations and strategies for handling claims so as to avoid allegations of bad faith. Handouts will be provided.

ID - 501 Insured's Duties and Responsibilities (1 hr.)

When a claim is made against an insured, certain obligations of that insured arise for coverage to be extended. This seminar looks at the obligations of an insured in the context of first-party or third-party claims, the insured's duty to cooperate, failure to cooperate, notice requirements, misrepresentations, breach of warranty and failure to pay premiums. Handouts will be provided.

ID - 601 Coverage Issues (2 hrs.)

In the past decade, the number of disputes between insurers and insureds over policy coverage has increased exponentially. Millions of dollars have been spent by corporate America and the insurance industry to contest and litigate the obligation of insurers to defend and indemnify insureds held liable to other parties, the state or federal government for environmental impairment and other insurance obligations. This seminar looks at some of the common coverage issues as well as a summary of how courts have dealt with these conflicts. Additional topics covered are expectations of the parties, insurable risks, assignment and transfer of insurance policies, consent of the insurer, reorganizations and acquisitions, liability created by statute, insurability of punitive damages, burden of proof, ambiguities and the general rules for resolving ambiguities. Handouts will be provided.

ID - 701 Automobile Liability Insurance (1 hr.)

Automobile accidents result in the largest number of claims nationwide. This seminar reviews many of the areas that are frequently litigated in the venue of automobile liability insurance coverage. Topics discussed include "permissive use", "ownership, maintenance, and use", "loading and unloading" and "occupying" of vehicles. Typical automobile coverage topics will also be reviewed. Handouts will be provided.

ID - 801 Fire and Property Insurance (1 hr.)

Property insurance coverage does not deal with the duty to defend and indemnify an insured but rather with the loss to an insured's own property. Other topics discussed are the types of property coverage available to an insured, what perils are covered, trigger of coverage, damages and equitable relief, property damage and economic loss, and typical property insurance exclusion clauses. Handouts will be provided.

ID - 901 Contribution Litigation (1 hr.)

Whenever there is more than one tortfeasor involved in causing the personal injury or property damage of another, a determination must be made as to the causal negligence of all parties. Once that determination is made, contribution claims may result in reimbursement to an insurance company for payments made on behalf of an insured. This seminar will discuss topics such as when to file a contribution claim as well as the elements necessary to establish such a claim. Handouts will be provided.

MS - 101 Contribution Action (1 hr.)

In most states, when your insured is a joint tortfeasor and you settle with the plaintiff, discharging the common liability of multiple tortfeasors and paying more than your pro rata share thereof, you are entitled to pursue a right of contribution against the remaining joint tortfeasors to recover their pro rata share of the judgment or settlement paid. This course trains the liability claims handler in identifying those situations in which such a right of contribution exists and what must be done to pursue it. Year after year, the failure to pursue joint tortfeasors for a pro rata share of the liability settlement you have made represents millions of dollars in lost recovery opportunities. Handouts will be provided.

MS - 201 Understanding and Avoiding Spoliation (1 hr.)

Spoliation claims cost our industry hundreds of millions of dollars annually. Not only are carriers exposed to spoliation tort claims in jurisdictions which recognize them, but careless investigation and the resulting spoliation of valuable evidence also cost the industry untold millions in lost subrogation, recovery, and reimbursement opportunities. Spoliation law is developing rapidly and affects every aspect of the claim process, from notice of claim, claims handling, loss investigation, coverage issues, liability defense, and subrogation. Understanding the nuances of spoliation from state to state and knowing what steps are essential to avoiding its perils are essential to responsible claims handling. This course illustrates the creation and evolution of spoliation law, using Wisconsin as an example, and provides a snapshot of spoliation law in all 50 states. Handouts will be provided.

MS 301 - Medicare Set-Asides and The Subrogation Professional (1 hr.)

The insurance and litigation worlds have been turned upside down and exposed to Draconian fines and penalties as a result of confusing, conflicting and uncertain Medicare Secondary Payer Statute ("MSP") liability, Medicare Set-Aside ("MSA") regulations, new reporting requirements established by the Medicare, Medicaid and SCHIP Extension Act of 2007 ("MMSEA") and new regulations and procedures established by the Centers for Medicare & Medicaid Services ("CMS"). This CE webinar provides an overview of MMSEA obligations for insurers, subrogation professionals, lawyers, and self-insured entities and focuses and discusses the new reporting requirements and what steps should be taken to ensure compliance and minimize liability.