6th National Advanced Forum

Litigating Disability Insurance Claims

Monday, March 24, 2003

About

The number of disability claims filed in recent years has been steadily increasing. Insurance companies have more frequently become the targets of bad faith suits alleging that they routinely and arbitrarily delayed, denied, and terminated disability claims as a means of maximizing profits. Psychiatric and subjective disorder claims are also continuing to rise. Insureds and insurers evaluating and litigating these types of cases face the challenge of determining which are real and which are potentially fraudulent due to conflicting medical opinions and lack of objective evidence. Additionally, there have been a number of recent landmark court decisions which will have a profound impact on the way disability claims are handled.

Everyone involved in any way with disability insurance litigation - including plaintiff and defense litigators, insurance and reinsurance counsel, and claims managers - must have a comprehensive and in-depth understanding of the developments surrounding these claims. In this continually changing area, you cannot assume that last year's rules are still controlling.

The American Conference Institute's 6th National Advanced Forum on Litigating Disability Insurance Claims has been revised and updated to bring you the very latest information on the key changes in the disability law arena, including tactics and strategies to bolster or defend your case at the claims and litigation stages. Once again, this conference brought together a preeminent faculty of attorneys, senior insurance executives, and medical and actuarial experts to give you expertise and insights on:
  • Defining, asserting, and contesting "appropriate care" and "own occ"
  • Video surveillance and functional capacity evaluations: using them as effective tools/excluding them in your case
  • How to understand a vocational assessment and properly analyze a claimant's occupation
  • ERISA: new case law and litigation trends
  • Social Security claims: offsets and other case law
  • The latest medical and legal developments in psychiatric and subjective disorder claims
  • Defense and plaintiff perspectives on bad faith and punitive damages claims
  • The importance of benefits calculations in your disability cases
  • Strategies for getting the result you want at the claims and litigation stages of your case
Whether you attended American Conference Institute's highly rated prior conferences on Litigating Disability Insurance Claims or not, you will come away from this comprehensive and information-packed forum armed with the cutting edge knowledge and strategies you need to successfully handle your next disability case.

Contents & Contributors

About

The number of disability claims filed in recent years has been steadily increasing. Insurance companies have more frequently become the targets of bad faith suits alleging that they routinely and arbitrarily delayed, denied, and terminated disability claims as a means of maximizing profits. Psychiatric and subjective disorder claims are also continuing to rise. Insureds and insurers evaluating and litigating these types of cases face the challenge of determining which are real and which are potentially fraudulent due to conflicting medical opinions and lack of objective evidence. Additionally, there have been a number of recent landmark court decisions which will have a profound impact on the way disability claims are handled.

Everyone involved in any way with disability insurance litigation - including plaintiff and defense litigators, insurance and reinsurance counsel, and claims managers - must have a comprehensive and in-depth understanding of the developments surrounding these claims. In this continually changing area, you cannot assume that last year's rules are still controlling.

The American Conference Institute's 6th National Advanced Forum on Litigating Disability Insurance Claims has been revised and updated to bring you the very latest information on the key changes in the disability law arena, including tactics and strategies to bolster or defend your case at the claims and litigation stages. Once again, this conference brought together a preeminent faculty of attorneys, senior insurance executives, and medical and actuarial experts to give you expertise and insights on:
  • Defining, asserting, and contesting "appropriate care" and "own occ"
  • Video surveillance and functional capacity evaluations: using them as effective tools/excluding them in your case
  • How to understand a vocational assessment and properly analyze a claimant's occupation
  • ERISA: new case law and litigation trends
  • Social Security claims: offsets and other case law
  • The latest medical and legal developments in psychiatric and subjective disorder claims
  • Defense and plaintiff perspectives on bad faith and punitive damages claims
  • The importance of benefits calculations in your disability cases
  • Strategies for getting the result you want at the claims and litigation stages of your case
Whether you attended American Conference Institute's highly rated prior conferences on Litigating Disability Insurance Claims or not, you will come away from this comprehensive and information-packed forum armed with the cutting edge knowledge and strategies you need to successfully handle your next disability case.

Contents & Contributors

APPROPRIATE CARE: CAN A DISABILITY INSURER FORCE ITS INSURED TO UNDERGO CORRECTIVE SURGERY
Frank N. Darras, Shernoff Bidart & Darras, LLP
Lissa A. Martinez, Shernoff Bidart & Darras, LLP

IS ANY CARE APPROPRIATE CARE? THE SCOPE AND APPLICATION OF APPROPRIATE CARE PROVISIONS IN INDIVIDUAL DISABILITY INCOME INSURANCE POLICIES
Bryan D. Bolton, Funk & Bolton, PA

APPROPRIATE CARE PROVISIONS IN DISABILITY INSURANCE POLICIES
Linda M. Lawson, Meserve, Mumper & Hughes, LLP
Cynthia Nguyen, Meserve, Mumper & Hughes, LLP

21ST CENTURY DISABILITY SURVILLANCE
John Powers, Kroll InPhoto Surveillance
Bill Kizorek, Kroll InPhoto Surveillance

I SPY THE EFFECT OF VIDEO SURVEILLANCE IN THE AREA OF DISABILITY INSURANCE CLAIMS
James A. Varner, Sr., McNeer, Highland, McMunn, and Varner, L.C.
Tiffany R. Durst, McNeer, Highland, McMunn, and Varner, L.C.

THE DOZEN MOST LITIGATED ISSUES INVOLVING VOCATIONAL EVALUATIONS
Bonny G. Rafel, Hack, Piro, O'Day, Merklinger, Wallace & McKenna

UTILIZING AND MONITORING VOCATIONAL ASSESSMENT AND REHABILITATION
Jacqueline Pickering, Pembroke Consultants

FUNCTIONAL CAPACITY EVALUATIONS: FCE USE AND ABUSE
Deborah Lechner, Ergoscience, Inc.

NEW DEPARTMENT OF LABOR ERISA RRGULATIONS: IMPACT ASSESSMENT ONE YEAR LATER
Lee W. Marcus, Unger, Acree, Weinstein, Marcus, Merrill, Kast & Metz, PL

LITIGATING ERISA CASES: TACTICAL AND PRACTICAL CONSIDERATIONS
Mala M. Rafik, Rosenfeld & Rafik, P.C.
Lee W. Marcus, Unger, Acree, Weinstein, Marcus, Merrill, Kast & Metz, PL

THE EROSION OF THE ERISA PREEMPTION DOCTRINE CONTINUES: THE LATEST CASE LAW
Paul M. Sullivan, Jr., Paul M. Sullivan, Jr., PA

ERISA PREEMPTION
Howard Shapiro, Shook, Hardy & Bacon LLP

OFFSETS AND ERISA REIMBURSEMENT ISSUES IN DISABILITY INSURANCE
Douglas K. deVries, Mart & deVries

GREAT WEST LIFE V. KNUDSON REVISITED: HOW ARE COURTS INTERPRETING AND APPLYING THE SUPREME COURT'S DECISION?
Edward S. Rooney, Jr., Eckert, Seamans, Cherin & Mellott, LLC

PSYCHIATRIC DISABILITY INSURANCE CLAIMS
Douglas K. deVries, Mart & deVries

PSYCHIATRIC DISABILITY CLAIMS
Mary E. Fuller, Disability Claims Consulting Services

FUNCTIONAL SOMATIC SYNDROMES: EVALUATING DISABILITIES THAT HAVE SYMPTOMS, BUT NO MEDICALLY OBJECTIVE BASIS
Robert Wright, Wright, Pindulic & Hamelsky, LLP
Rafael Vergara, Wright, Pindulic & Hamelsky, LLP

BAD FAITH, PUNITIVE DAMAGES RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT ("RICO")
Eugene R. Anderson, Anderson, Kill & Olick
Samuel Meirowitz, Anderson, Kill & Olick
Rhonda Orin, Anderson, Kill & Olick
Robert M. Horkovich, Anderson, Kill & Olick

RECENT DEVELOPMENTS: THE CONTESTABLE CLAUSE, BAD FAITH AND PUNITIVE DAMAGES
Robert J. McKennon, Barger & Wolen
Robert E. Hess, Barger & Wolen

WHAT'S IT WORTH? AN ACTUARIAL ANALYSIS
Robert W. Beal, Milliman USA

PRE-DISABILITY INCOME; RESIDUAL/PARTIAL BENEFITS; WHEN TO USE FORENSIC ACCOUNTANT
Constance Cardamone, CPA, Cardamone Risk Management Consulting Services

KEY ELEMENTS OF GOOD DISABILITY CLAIMS-HANDLING PRACTICE
Andrew J. Bernstein, CORE, INC. and Disability RMS

PRACTICAL DISABILITY CLAIMS MANAGEMENT TECHNIQUES
Dominick V. LaGravinese, DVL Consultants, Inc.

WINNING LITIGATION STRATEGIES FROM CLAIM TO COSTS
Jonathan M. Feigenbaum, Phillips & Angley

RECOVERING ATTORNEY'S FEES IN ERISA DISABILITY CASES: A PLAINTIFF'S PERSPECTIVE
John D. Wood, Branham & Day, PC

WINNING LITIGATION STRATEGIES FROM CLAIM TO COSTS: FOR THE DEFENSE
William T. Bogaert, Wilson, Elser, Moskowitz, Edelman & Dicker LLP


DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0