A Deep Dive Into a Premises Liability Claim, Part 2

The “A Deep Dive Into a Premises Liability Claim, Part 2” course teaches insurance professionals how to approach claims handling using a pre-suit premises liability scenario involving complex construction relationships and early mediation. The module is presented by Jennifer Kalvestran, Partner at Gust Rosenfeld, P.L.C.; Pete Fowler, Chief Quality Officer at Pete Fowler Construction Consultants; and David Heeman, Claims Coverage Counsel at Mutual of Enumclaw.

This second course in a two-part series begins with a brief recap of the scenario that is the subject of the courses. The presenters then explain how to approach claims involving construction parties by detailing the different parties typically involved in a construction claim and their relationships. Next, they apply this theory to the claim at issue and explain the various connections between parties. Having explored all the steps of a liability investigation, the presenters create a Responsibility Allocation Matrix to set out what hypothetical jury would likely determine each parties’ percentage of liability to be. After laying out the various experts that would be involved in a claim involving construction issues, tender concerns, and long-term medical care, the conversation turns to independent counsel and the strategies involved in an early mediation. The course closes with an in-depth analysis of damages and tips for a successful claim resolution.

After completing the course, the attendee will be able to pinpoint the parties and key documents involved in a construction claim and untangle their relationships; allocate responsibility among multiple parties in a complex claim; identify appropriate types of experts based on the issues raised in a claim; work effectively with independent counsel; contest inappropriate medical damages; and apply strategic thinking at mediation to steer a claim towards resolution. The course is designed for insurance professionals working in the area of casualty adjusting.