10:00 - 11:00 AM - Breakout Session 1
Choose from one of the following sessions: 

This is your Mediation - Take it by the Horns!

Strategies to Counteract Escalating and Complex Construction Defect Claims: Effective Approaches for Litigation, Negotiation, and Trial (Part 1)

Liability Insurer’s Duty and Right to Settle

Session Descriptions

This is your Mediation - Take it by the Horns!

You have the checkbook; you hold the cards. Adjusters have the right and the responsibility to lead mediation strategies and fully participate in the process. We'll discuss what's required to do it effectively, and how to ensure that each member of the defense team - and the mediator - adds value to the process.

Strategies to Counteract Escalating and Complex Construction Defect Claims: Effective Approaches for Litigation, Negotiation, and Trial (Part 1)

We will analyze the recent extreme escalation of construction defect claim amounts and review methods to counter that trend for purposes of litigation, settlement negotiations and trial. We'll examine some large commercial losses including BI exposure and how proper procedures and planning play a critical role in outcomes.  You’ll leave with practical insights into managing construction claims effectively, with emphasis on investigations, contract language, liability, damages, liens, counterclaims, and ethical considerations.

Liability Insurer’s Duty and Right to Settle

Insurers have the right to settle a claim, but what happens when the insured doesn’t want to settle? Is the insurer’s discretionary right to settle totally unfettered? This session will teach attendees the basics of the duty to settle, what settlements are considered “reasonable,” and how to recognize good faith versus bad faith settlements.