This seminar is designed for attorneys, claims handling professionals and other key persons in the insurance industry. The program will address cutting edge issues in insurance law and insurance-related disputes, and will update attendees on key insurance topics. The program will also address key issues arising from the new Texas Tort Reform Legislation (House Bill 4), including ethical issues posed by the tort reform measures, and how the new requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) affect current claims handling and litigation practices.
Topics to be discussed include:
- Director And Officer Liability Under Sarbanes-Oxley Act Of 2002
- Liability Of Insurance Professionals
- Updates On New Insurance Coverage Cases
- Insurance Bad Faith Case Law Update
- Ethical Issues Posed By House Bill 4
- New Texas Tort Reform Legislation House Bill 4
- Effect Of The Tort Reform Legislation On Employment Law Cases
- Tort Reform And The Health Insurance Portability And Accountability Act Of 1996
9:00 a.m. - 9:45 a.m.
I. Director And Officer Liability Under
The Sarbanes-Oxley Act Of 2002
A. Backdrop Loss Of Investor Confidence In 2000-2001
B. Enactment Of The Sarbanes-Oxley Act Of 2002 ('SOA')
C. The Sarbanes-Oxley Act's Impact On D&O Liability
1. Corporate Accountability Provisions
2. Corporate Disclosure Provisions
3. Criminal Provisions
D. Trends In D&O Coverage
9:45 a.m. - 10:30 a.m.
II. The Liability Of Insurance
A. Personal Liability Of Insurance Professionals Under Liberty Mutual
B. Who Qualifies As An Insurance Professional?
C. Claims Commonly Asserted Against Insurance Professionals
D. Ethical Implications Of Liberty Mutual For Lawyers
E. Counseling Clients Who Are Insurance Professionals
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:20 a.m.
III. Update On New Insurance
A. New State Cases On Coverage And Interpretation Of Insurance Policies
B. New Federal Cases On Coverage And Interpretation Of Insurance Policies
11:20 a.m. - 12:00 p.m.
IV. Insurance Bad Faith Case Law
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
V. Ethical Issues Posed By House
A. Ethical Implications Of The New Offers Of Settlement And Fee Shifting Procedures
B. Ethical Implications Of The Proposed Texas Supreme Court Rule That Limits Referral Fees For Lawyers
2:00 p.m. - 2:45 p.m.
VI. The New Texas Tort Reform
Legislation House Bill 4
A. The New Proportionate Responsibility And Responsible Third-Party Practice
B. Products Liability Reform
C. Appeals And Interest On Judgments
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VII. Effect Of The Tort Reform
Legislation On Employment Law
A. Offers Of Settlement Generally; The Low Income Plaintiff
B. Proportionate Responsibility Designating Responsible Third Parties
C. New Strategies In Litigating Certain Employment Law Cases
3:45 p.m. - 4:30 p.m.
VIII. Tort Reform And The Health
Insurance Portability And
Accountability Act Of 1996
A. Privacy Afforded By HIPAA
B. Basic HIPAA Requirements
C. HIPAA Penalties
D. Obtaining Medical Records Under HIPAA
1. By Party Authorization
2. By Court Order Or Administrative Tribunal
3. By Subpoena Or Discovery Request
b. Satisfactory Assurances
4. By Deposition
E. Forms For Procuring Medical Records Under HIPAA
F. Ex Parte Communications With Treating Physicians Under HIPAA