Handling the Multi-Million Dollar Negligent Security Claim

This course “Handling the Multi-Million Dollar Negligent Security Claim” is
designed to
enhance an adjuster’s knowledge and understanding of coverage, adjustment and
legal
issues involved in high exposure negligence security claims. The module is
presented by
Frank Donahue, Executive V.P. of Claims at Seneca Insurance Company, and
experienced
attorney W. Lane Neilson of Neilson and Associates, PA.

This course begins by defining what a negligent security claim is and describing
the type
of premises and activities that are frequently involved in these claims. The
presenter
then discusses the historical development and legal analyses of these claims,
including
the three elements required to establish a negligent security claim. In the next
section,
the presenter reviews a negligent security claim study involving a shooting at a
bar and
outlines how insurers can investigate these claims and identify policy and
underwriting
issues. Next, the presenter reviews the theories of liability frequently asserted
by
plaintiffs and the available defenses. The fourth section focuses on analyzing a
negligent security claim, developing the insured’s defenses and handling potential
conflicts of interests. In the final two sections, the presenters discuss tactics
commonly
used by experienced plaintiff’s counsel before and during trial, as well as during
mediation, and provide strategies for dealing with those tactics. Finally, the
presenters
review how the claim study was resolved and compares those results to results of a
similar claim where the insured had different policy provisions.

After completing the course, the viewer should be able to…

explain what a negligent security claim is and the different premises and
situations
involved; outline the three elements of a negligent security claim and identify
some of
the common legal issues presented by these claims such as questions about
foreseeability; develop a plan for investigating these types of claims including
what
documentation to obtain, witnesses to interview and experts to retain; identify
potential coverage and underwriting issues related to these claims; specify some of
the
common allegations raised by plaintiffs in negligent security claims and the
available
defenses; describe the pre-trial and trial tactics used by experienced plaintiff’s
counsel
in these types of claims and strategies for dealing with those tactics; advance the
insured’s best arguments during mediation; and, evaluate a potential conflict of
interest
and determine the best course of action.

The course is designed for insurance professionals working in the area of liability
insurance adjustment.