Webinars - Your House Counsel

The National Consortium of Highly Regarded Insurance
and Corporate Liability Defense Law Firms.

WebinarsJason Jaramillo2025-03-26T13:14:40+00:00

WEBINARS AND DOWNLOADABLE PRESENTATIONS

Covering a wide range of important subjects, our library of highly informative YHC Webinars and Downloadable Presentations are developed by Your House Counsel^® as well as by individual Member Firms. We invite you to review and download our informative and widely respected Webinars and Presentations.

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Webinars

Reservation of Rights

“Reservation of Rights letters from Insurer to Insured are a necessary component of the Tri-Partite Relationship in civil litigation, but they have spawned judicially, and now statutorily, mandated “CUMIS Counsel” in many jurisdictions. How did that develop and why is it seen as being necessary? How do Insurers deal with it? How does it vary from jurisdiction to jurisdiction? Where do we see that trend going in the future?

Cybersecurity Essentials for Claims Professionals

“Cybersecurity? Our IT Department handles that. Not my problem.” Or is it? Who gets emails with attachments? And phone calls from people asking for help? Data security starts with you, but you do not need to be an expert—just more aware of the issues and how you can better avoid them. Data Privacy, Cybersecurity, Social Engineering and Malware. This session is about high-level non-technical concepts that can help you and everyone you work with stay safer online, and help give you a perspective on what cybersecurity programs are all about. No cost to attend but registration required.

The Top Ten Mistakes Claims Professionals Make

An ounce of prevention is worth a pound of cure. And sometimes even that pound won’t help you. Fatal mistakes are made by Claim Professionals in the early stages of claim handling while trying to close claims quickly and limit the exposure to the company. We have put together the top 10. Please join us as we discuss these issues and more, in far greater detail, with how and why to avoid them. No cost to attend but registration required.

Workers Compensation Issues:
Independent Contracts, Medicare

This webinar will discuss two important issues which are often thought of as Workers Compensation issues but which often come up in liability claims. They are Independent Contractors and Medicare reporting and other obligations.

Privacy in the Workplace

Common law and state and federal statute define employees’ privacy rights in the workplace, employers’ duties to protect employee data, and limits on employers’ monitoring of employees’ real-world and online activities, interception of communications, and accessing social media posts. How far can an employer go in an effort to protect its security and ensure that employees’ work is getting done? Protecting employee data has become more challenging in this era of cyber breaches and data incidents. Personnel files, medical files, tax info, credit reports, criminal history and any records of Employer-Employee Assistance Programs must be protected from inappropriate disclosure, both internally and externally. Are you aware of your obligations as an employer, and prepared to manage the risks of maintaining such files?

This session will review the issues and rights under a number of state and federal laws, to provide not only guidance for appropriate employment practices, but also an assessment of the risks and management options.

Presented at the 3rd YHC
“In The Know”
Virtual Educational Symposium

While many states have laws protecting an insured from unfair claim practices, these laws vary by jurisdiction and cause complications for insurers. How does an insurer avoid bad faith? What unique risks are there in multi-jurisdictional bad faith? What are the hazards of conflicting laws? What can be done if the plaintiff is acting in bad faith? What are the national trends?

Expert Witness: To Retain or Not Retain

In this webinar, we’ll examine the factors to be considered when deciding whether to retain an expert witness to testify on behalf of the defense. Discussion will include:

The risks and benefits of retained and non-retained expert witness;
The process of identifying, vetting, and selecting retained and non-retained expert witnesses;
The strategical need to define and narrow the scope of the subject matter assigned to the expert witness;
Deciding whether a retained medical expert needs to conduct an IME to render an opinion on the issue of medical causation;
and Tips for drafting written communications to expert witnesses.

Alternative Transportation Liability
(Scooters, Uber, Revel, Ride Share)

Scooters, electric bikes, skateboards and other a lternative means of local personal transportation seem to have taken over our streets.

Many of these modes of transportation are not considered “motor vehicles” or even “vehicles” under state vehicle codes and rules of the road. Consequently, they may not be covered by or may be explicitly excluded from coverage under auto and homeowners’ insurance policies.

This session will explore potential liability claims arising from the use of such alternative modes of transportation, and how such claims may be handled.

Cyber Claims and Acts of War

When do cyber attacks constitute an Act of War that insurers can exclude from coverage?

The 2017 “NotPetya” Russian cyber attack aimed at Ukraine caused more than $10B damages worldwide, but when Merck’s insurers tried to exclude a $1.4B cyber damage claim they lost in court.

On Feb 24, 2022 a Russian cyber attack on a comsat shut down satellite broadband internet service to not only Ukraine’s military and police force as Russian military invaded, but also to more than 30,000 other customers across Western Europe.

Lloyd’s of London has since mandated new cyber warfare exclusions in their policies that may prove problematic.

Please join us for a briefing on Cyber Claims and Acts of War.

Civil Liability for Third Party
Criminal Actions

The 2017 “In an era of increasing criminal activity, property owners, their managers, security contractors, and tenants can face liability claims. Join us as we learn to analyze and navigate these claims and discuss defenses, Including: Historical Liability, Defenses, Apportionment of Liability, Impact of Increased Regularity of Criminal Activity, Active Shooter Liability. Add to your toolbox for understanding and evaluating these claims.

Construction Defect 101

Now more than ever, learning how to investigate, evaluate and defend Construction Defect Claims is critical. With the retirements we are seeing, many claim departments are losing their most experienced Claim Professionals. Join us to learn how you can bridge the gap in your claims department.

Succession Planning for Law Firms
And Why It Matter for Insurers

Succession Planning = Planning for Success: Why Managing Turnover of Panel Counsel is Crucial for Claims Management
Planning for the transition of senior/equity partners in defense firms is a critical, but overlooked, component of successful claims management. We’ll look at the most common reasons why this is often avoided in firms, what problems can stem from this lack of planning in the claims management realm, and how framing this issue as a client need can help move defense firms in the right direction.

Litigation For Claims Professionals

Litigation should not be a mystery. You may have heard it said that a lawsuit is just a claim dressed up in a tuxedo (do people even wear them anymore?). What you need to defend your case can be second nature. Making that assignment, transferring the knowledge from claims to defense counsel and what time critical events you need to be aware of is not.

Join us and unravel the litigation mystery and make sure you are prepared for the process.

The Changing Face of Insurance Defense Counsel:
From Panel Counsel to Diversity
and Inclusion Pograms

Presented at the 2nd YHC
“Success Is The Point”
Virtual Educational Symposium

Over the last few decades, how defense counsel is chosen – from friends and relatives to panel counsel and regional and national firms to organizations like Your House Counsel® – has evolved. What defense counsel looks like is also evolving. Creating opportunities for diverse candidates is a welcome continuation of that exchange. Join us to learn what that means to us and how it impacts the insurance industry.

Brain Injuries and Eye Examinations –
What Can We Learn?

Presented at the 2nd YHC
“Success Is The Point”
Virtual Educational Symposium

While many states have laws protecting an insured from unfair claim practices, these laws vary by jurisdiction and cause complications for insurers. How does an insurer avoid bad faith? What unique risks are there in multi-jurisdictional bad faith? What are the hazards of conflicting laws? What can be done if the plaintiff is acting in bad faith? What are the national trends?

COVID Claims –
A Survey And What To Expect

Presented at the 2nd YHC
“Success Is The Point”
Virtual Educational Symposium

It’s not just healthcare facilities that are seeing Covid claims. Whether it’s negligence and personal injury claims or Workers’ Compensation claims, join us to see what we are seeing and what you can expect.

Cyber Claims and Acts of War:
The Viasat Comsat Hack
Over Ukraine

Could a Cyber Insurance claim for Business Interruption be denied under an Act of War exclusion provision?

On February 24, 2022 at about 6am Moscow/Kyev time, a Russian cyber attack disabled a satellite-based internet service that covered Western Europe and part of North Africa. The Ukraine Police and Armed Forces were known users of that particular service, and the Russian Aerospace and Ground Forces had started invading Ukraine about one hour earlier.

More than 30,000 customers across Europe and Africa were affected by the outage, including Enercon, a German energy utility that controlled 5,800 wind turbine towers using this service, and for whom nearly 90 days were needed to restore full service.

This session will review the details and consequences of the KA-SAT cyber attack, the federal precedents for upholding or denying an Act of War insurance exclusion provision, and the applicability of these precedents in both cyber warfare and armed conflict.

Construction Defect Coverage

Construction Defect litigation presents coverage challenges that are unique and cumbersome and can be daunting to claims professionals that are not familiar with the field. This presentation will provide an overview of coverage for construction defect litigation in California, Arizona and Texas including a discussion of policy exclusions cited the most to deny coverage.

Verdicts Post-COVID
What Does It Mean For Insurers?

COVID-19 has affected the entire country. The courts have learned to adapt to the coronavirus pandemic. This presentation will provide an overview of How COVID-19 may impact jury verdicts and how to avoid nuclear verdicts in a post-pandemic world.

Learning Objectives:

• What causes Nuclear verdicts?
• The effects of COVID-19 on verdicts
• Current Jury Trends
• Masking vs remote appearances
• Preventing Post COVID-19 Nuclear Verdicts

Subrogation
Maximizing Recoveries
& Avoiding Pitfalls

In the context of insurance, subrogation is the legal or equitable principal by which a carrier “steps into the shoes” of its insured after having made payment on a claim.The art of subrogation is an opportunity for a carrier to recover money paid under its policy and allow the ultimate burden of a loss to be borne by the responsible party. Subrogation is not an economical or viable pursuit on all losses. However, with prompt and thorough investigation and awareness of both legal and practical road blocks to recovery, the effort can be performed economically while adding significant amounts of money back to the bottom line of your company.

Non-Standard Auto
Strategies for Cost Effective Defense –
Setting the Stage for a
Win-Win Outcome

This course provides attorneys, claims professionals, underwriters and investigators with the general knowledge necessary to handle the unique legal and expense issues presente, along with the challenges often faced as it relates to litigated matters where the defendant carries a minimum limit, non-standard automobile policy.

Litigation for Claims Professionals

Presented at the 2nd YHC
“Success Is The Point”
Virtual Educational Symposium

Litigation should not be a mystery. You may have heard it said that a lawsuit is just a claim dressed up in a tuxedo (do people even wear them anymore?). What you need to defend your case can be second nature. Making that assignment, transferring the knowledge from claims to defense counsel and what time critical events you need to be aware of is not. Join us and unravel the litigation mystery and make sure you are prepared for the process.

Worker’s Compensation Lien
Recovery, Subrogation
And PIP Interplay

In the context of insurance, subrogation is the legal or equitable principal by which a carrier “steps into the shoes” of its insured after having made payment on a claim. The art of subrogation is an opportunity for a carrier to recover money paid under its policy and allow the ultimate burden of a loss to be borne by the responsible party. Subrogation is not an economical or viable pursuit on all losses. However, with prompt and thorough investigation and awareness of both legal and practical road blocks to recovery, the effort can be performed economically and add to the bottom line.

Indemnity and Other Contractual
Risk-Shifting Devices —
What Are You Really Getting?

Service contracts, leases, purchase orders, and other business agreements often contain provisions which attempt to shift losses from one party to another. Understanding these provisions can be crucial when litigation arises down the road. The presentation will include a general overview with a focus on the law of Missouri and Texas.

Autonomous Vehicles:
Emerging Technology,
Meet Insurance

If 94% of all motor vehicle accidents are due to human error, can driver-assist and self-driving technologies make accidents less likely to occur? How will these technologies change how automotive claims are raised and defended? Please join us as we discuss issues in insuring autonomous vehicles.

Protecting Privilege for
Pre-Suit Investigations

In recent years, many states have enacted legislation to address the injustices that childhood sexual assault victims face due to the rigid restrictions of sex abuse statutes of limitations. This presentation covers the CVA in each state, identifies which allow claims to be filed against institutions that may have been involved in the abuse, and explains which states have retroactive look back periods for claims and which have extended or opened up statute of limitations into the future. The webinar also explains the wealth of coverage problems resulting from these statutes.

Child Victims Act Litigation

The focus of this presentation is the protection of privilege for key aspects of a pre-suit investigation with an eye towards protection of pre-suit witness statements and pre-suit expert reports. The webinar presentation is geared towards best practices in protecting pre-suit investigations when litigation is reasonably anticipated, and to give an overview of how these privileges are treated across the country.

Best Practices for
Mediation Preparation

Mediation is, with ever-increasing and greater regularity, a method for the resolution of matters in suit. In some jurisdictions, trial courts are permitted to order that the parties Mediate. In others, mediation is a prerequisite to obtaining a trial date. And in any event, trial courts in most every jurisdiction “strongly encourage” mediation, whether with the assigned trial court Judge as mediator, through the services of a court appointed mediator or through private mediation. This presentation identifies and discusses best practices with a goal of preparing for and presenting during any mediation.

COVID-19
Insurance Coverage Trends

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

Among the topics covered are the types of arguments policyholders use to procure insurance coverage both for their own damages and to defend themselves against third-party lawsuits; procedural mechanisms policy-holders use to pool resources and bring a quicker resolution to their cases, including class actions, consolidation and multidistrict litigation.

Establishing and Enforcing
Drug Policies in the Age of
“Legalized” Marijuana
Considerations for
Employers and Insurers

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

Currently, marijuana is illegal under the United States Control Substance Act. In 1998, medical cannabis was legalized on a state level. Medical cannabis can be prescribed by a doctor to reduce nausea and vomiting during chemotherapy, improve appetite in people with HIV/AIDS, reduce chronic pain and muscle spasms and treat severe forms of epilepsy. If an employee is asking for an accommodation at work under the Americans with Disabilities Act (ADA) how can a company respond? How does an employer establish and enforce drug policies? How do insurers and underwriters take all of these issues into consideration?

Nursing Home Liability
Post COVID-19

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

This webinar discusses the common types of nursing home claims, nursing homes response to COVID-19, claims against nursing homes arising from COVID-19 illness and death, Federal and State regulations and immunities, differences amongst jurisdictions, and important information to claims handlers.

Cyber Security,
First American Title, and
NYS DFS Part 500

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

This webinar covers the cyber security case study of First American Title Insurance Co.; it provides an overview of the case and subsequent cyber security regulations imposed by NYS DFS in its Part 500 on banking, financial and insurance entities doing business in New York State.
We also discuss the charges brought against First American Title, and
examine how this case would be handled by other regulators – federal agencies, and state attorneys general under cyber-related statutes in Ohio, Texas, and Mississippi.

Fraud Spotlight: Indicators of Fraud in All Lines of Claims:
You Know It When You See It

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

Suspicious insurance claims have certain common attributes. The insurance industry and anti-fraud organizations have collected and organized these common attributes into lists of indicators, or red flags, of fraud. Join us as we discuss indicators of fraud in particular lines of claims, including: Personal Injury, Automobile Property Damage, Worker’s Compensation and Arson.

Life After COVID-19
Issues, Challenges
and Solutions
This YHC Webinar explores what states and OSHA are doing to address important issues, including: What laws and rules have been enacted? Are all workers treated equally? How have unemployment benefits been affected? Is COVID-19 an “Injury,” “Occupational Disease” or “Illness? Are Workers’ Compensation cases being heard? OSHA Regulations will also be covered.

The Effective Use of Life Care Planners to Defend Personal Injury Cases
If you are not careful, Life Care Planners can turn even your run-of-the-mill personal injury action into a large loss or even a policy limits case. Backgrounds of Life Care Planners can vary greatly, as well as the items they rely upon
for their opinions.
The Learning Objectives include: Understanding a Life Care Plan; Challenging the credentials of the Life Care Planner; Exploring the preparation by the Life Care Planner; Using your medical expert to attack the Life Care Planner; and Determining whether you need a Life Care Planner.

Bling, Kicks & Threads
Wearable Technology
And Its Use In Personal
Injury Litigation
Wearables are electronic technology or devices incorporated into items that can be comfortably worn and used for tracking information on a real time basis. Everyone knows about fitness trackers, but what other wearables are out there and what information might they give you? In this YHC Webinar, we examine this evolving technology and how it can be used in defense of personal injury claims.

Anatomy of a Construction
Defect Claim

Presented at the YHC
“Success Is The Point”
Virtual Educational Symposium

This course provides claims professionals with the general knowledge necessary to handle the unique coverage and legal issues presented, along with the challenges often faced as it relates to litigated matters where the insured has a CGL insurance policy for construction.

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The Families First Coronavirus
Response Act (FFCRA)
What Employers And
Employees Need To Know
The Families First Coronavirus Response Act (FFCRA) was one of the first federal laws passed that directly related to the pandemic. This YHC Webinar makes sure you will have a fundamental understanding of how the FFCRA works and also learn several lesser-known nuances of the law. Topics covered include: How does an employer know when a leave benefit is triggered under the FFCRA? How does the FFCRA work with ongoing other employment laws like the FMLA and the ADA?

More Than Just Showing Up
Making Sure Your Insured Is
Prepared For A Deposition
Producing your insured for depositions involves more than just showing up. While you rarely win a case at deposition, you can lose it. Join us as we discuss the preparations session, typical mistakes and testimony that can destroy your case.

“Hold on a second…did I hear you right?
Ten Head-Scratching Arizona Insurance and Procedural Laws
Every state has insurance and procedural laws that will catch the uninitiated by surprise and which could be fatal to your defense or your case. Arizona is no different. Join us as we discuss the 10 headscratchers you don’t even
know you need to know!

Liability for Third Party
Criminal Actions
Effects of An Increasingly Violent Society
With reports of gun violence continually in the news, it seems increasingly likely that companies and their insurers will be faced with third party and first party liability claims and regulatory actions. What can be done to protect against these actions? This session provides a discussion of security concerns from a premises liability viewpoint from both an insurer and insured, focusing on the potential exposure from victims and regulators and with a particular emphasis on violence in the workplace. The Learning Objectives: Understanding the potential liability for third-party criminal acts; Regulatory exposure for workplace violence; Anticipating punitive damage claims; and Exploring whether the violence is terrorism and the implications.

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Fear of Impending Death
and Pre-Impact Terror
Death claims without conscious pain and suffering tend to have limited non-economic damages. But in New York, since the 91st Street Crane Collapse Litigation, plaintiffs are putting more emphasis on fear of impending death and pre-impact error. Join us as we discuss those elements and high verdicts in NY.

The Collateral Source Rule
Plaintiff has incurred medical expenses and has received payments from a collateral source other than the defendant. Determining whether it reduces the defendant’s damages is just the start. Does the issue go to a jury? What evidence is admissible or not admissible? Join us as we explore these difficult issues across multiple states.

Ransomware Response
Ransomware attacks are on the rise, and are increasingly targeting U.S. companies and public entities. Ransomware as a Service has enabled less-skilled attackers to launch an increasing number of more-sophisticated attacks.
Meanwhile, many cyber insurance policies are now including explicit provisions to cover ransom payments in case of such attacks, and ransomware recovery firms and victims are more willing to pay such ransoms in lieu of the more extensive and expensive data backup restoration operations.
This session walks you through your options to respond to a cyber ransomware attack, and helps brief you on how and why it could happen to you, your company, and your insureds. We will also discuss how you can perhaps better prepare against such incursions, and potentially create more response options proactively.

Resurgence of Lead
It’s not just lead paint anymore. And the standards have changed. Lead claims have resurfaced in things like water, the work place and recycling. The lessons learned from years of lead paint litigation and studies have led to an assumption that no level of exposure is safe. Join us as we explore these changes.

Downloadable Presentations

Workers Comp and Employment
Law Across the U.S.:
A COVID-19 Update
COVID-19 has affected all of us in many ways and Workers’ Compensation and Employment related issues will be with us long after the epidemic has passed. Join us as we explore what states and OSHA are doing to address these issues.
States covered include: AL, AR, CA, DE, IL, KY, IN, LA, MS, MO, NJ, NY, OH, TX and WI. OSHA Regulations are also covered.

Product Liability and the Malfunction Theory
Application of the malfunction theory can have a devastating effect on the defense of a product liability case, which is already a plaintiff-friendly environment. The malfunction theory is being utilized and developed by courts nationwide to relax, or even excuse proof of defect and causation in products liability cases. Understanding these issues is critical to being prepared for these claims. The case study in the Webinar examines these issues and goes through the defense of a product malfunction case. The Learning Objectives include: Understanding the Malfunction Theory; Applying the theory to real world examples; andComparing the treatment of the Malfunction Theory throughout the U.S.

Traumatic Brain Injuries
Are on the Rise
(And You Don’t Need to be A Neurosurgeon to Know Why)
Join us as we explore important factors to help you understand the TBI case and the increase in frequency of those cases.

Fraud Spotlight
Indicators of Fraud in
All Lines of Claims:
You Know It When You See It
Suspicious insurance claims have certain common attributes. The insurance industry and anti-fraud organizations have collected and organized these common attributes into lists of indicators, or red flags, of fraud. Join us as we discuss indicators of fraud in particular lines of claims.

Changing Face of
Insurance Defense
Social Media, Alternative Fees
and Where We Are Going
This in depth look at social media, alternative fees and where the insurance defense industry is going gives claims professionals an excellent overview of major trends that are affecting the industry today, and tomorrow.

Vendor or Partner
A valuable and candid presentation of what it takes for a law firm to truly be a partner, from alternative fee arrangements to the benefits of having a legal partner, and more.

Drones
This comprehensive presentation on the insurance industry’s major concerns with Drones which has been presented at major conferences and to leading industry groups around the country.

Out of Control Gun Violence
A discussion of security concerns from a premises liability viewpoint from both an insurer and insured with a focus on the potential exposure from victims and regulators and with a particular emphasis on violence in the workplace.

Understanding the Verdict Sheet
When the case goes to trial, who will be there to share the blame? The answer varies from state to state – with substantial implications.