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Thursday, April 15, 2021
|12:00 - 12:15 p.m.||Welcome and Introductions|
Daniel W. Gerber, Gerber Ciano Brady Kelly LLP, New York, New York
Sarah J. Delaney, Goldberg Segalla LLP, Buffalo, New York
Scott M. Trager, Funk & Bolton PA, Baltimore, Maryland
|12:15 - 1:15 p.m.||COVID Impacts: COVID-19 Based Disability Claims|
COVID-19 changed life as we know it, and gave rise to many long and short term disability claims. Required quarantines raise issues of factual vs. legal disability, social disability, and the extent to which the risk of COVID-19 infection may be deemed a disability. As scientific knowledge of COVID-19 grows, claims involving its lingering effects are also likely to grow.
Jodie L. Ousley, d'Arcambal Ousley & Cuyler Burk LLP, New York, New York
|1:15 - 1:25 p.m.||BREAK (10 minutes)|
|1:25 - 2:25 p.m.||Diversity and Inclusion Luncheon|
|2:25 - 2:35 p.m.||BREAK (10 minutes)|
|2:35 - 3:35 p.m.||BREAKOUT 1: Updates and a New Phase: DOL Disability Claim Regulations, Now with New COVID Deadline Extensions!|
The ongoing saga of the Department of Labor's Disability Claim Regulations took a new twist in 2020, adding COVID-specific extension of deadlines in light of the ongoing pandemic. Explore the new regulations and time-frames along with updates on possibly conflicting state guidance, exhaustion of remedies and litigation developments.
Caitlin Strauss, Saul Ewing Arnstein & Lehr LLP, Philadelphia, Pennsylvania
|2:35 - 3:35 p.m.||BREAKOUT 2: Health Law Update|
Everything new and hot in health insurance! Learn about current issues in health insurance litigation, including participating provider litigation updates, class action updates, health care fraud, the status of the ACA, and much more.
Michael H. Bernstein, Robinson & Cole LLP, New York, New York
|3:35 - 3:45 p.m.||BREAK (10 minutes)|
|3:45 - 4:45 p.m.||Opioids, Marijuana, and Designer Drugs|
The addiction epidemic grows, while more states are legalizing marijuana. New and different "designer drugs" are being used and abused every year. Learn about their implications regarding detection, drug intoxication, and accidental death analysis.
Julie F. Wall, Chittenden, Murday & Novotny LLC, Chicago, Illinois
John T. Seybert, Dearborn National Life Insurance Company, Lombard, Illinois
|4:45 - 4:50 p.m.||BREAK (5 minutes)|
|4:50 - 5:10 p.m.||Life, Health, and Disability Committee Business Meeting|
Open to all
|5:10 - 6:10 p.m.||Networking Events|
Friday, April 16, 2021
|12:00 - 12:10 p.m.||Welcome and Introductions|
Jamie L. Moore, Bradley Arant Boult Cummings LLP, Birmingham, Alabama
|12:10 - 1:10 p.m.||Schmidtke on ERISA|
Mark Schmidtke, the leading authority on ERISA, will discuss the latest in cutting-edge ERISA issues, including Supreme Court developments, and timely issues impacting life, health, and disability insurance providers and their counsel.
Mark E. Schmidtke, Ogletree Deakins Nash Smoak & Stewart, PC, Valparaiso, Indiana
|1:10 - 1:20 p.m.||BREAK (10 minutes)|
|1:20 - 2:20 p.m.||Mental Health Parity and Alternative Treatments|
Mental health parity and alternative treatments remain a heavily litigated topic in health insurance. From wilderness therapy and behavioral health to residential treatment and education programs, this program closely examines this constantly evolving area.
Daniel K. Ryan, Hinshaw & Culbertson LLP, Chicago, Illinois
|2:20 - 2:30 p.m.||BREAK (10 minutes)|
|2:30 - 3:30 p.m.||BREAKOUT 1: Fiduciary Duties, Interrelated Relationships, and Claims Between Co-Fiduciaries|
Jurisdictions may vary regarding duties and claims between co-fiduciaries, and things can be pretty sticky when one fiduciary seeks indemnity from a co-fiduciary. This program will explore the relationships and duties between co-fiduciaries, how duties may be breached, and what remedies may be had.
Edna S. Kersting, Wilson Elser Moskowitz Edelman & Dicker LLP, Chicago, Illinois
|2:30 - 3:30 p.m.||BREAKOUT 2: Life & Disability Updates|
A discussion of the most recent significant state and federal court decisions relating to life insurance and accidental death and dismemberment. Plus, a year in review of disability litigation and will cover everything new, including pre-existing conditions, new and additional rationales for denials, exhaustion of remedies, overpayment counterclaims, and more!
Jeaneen J. Johnson, Semmes, Bowen & Semmes PC, Baltimore, Maryland
Kristen Cross, Sirote & Permutt PC, Birmingham, Alabama
|3:30 - 3:40 p.m.||BREAK (10 minutes)|
|3:40 - 4:40 p.m.||A Deep Dive Into State Discretionary Bans, PLUS De Novo Review|
Dig into various state bans on discretionary language and how de novo review looks today across the circuits. Includes an in-depth exploration of the practical limits of these bans, along with the evolving rules they generate.
Kristina M. Holmstrom, Ogletree Deakins Nash Smoak & Stewart, PC, Phoenix, Arizona
|4:40 - 4:45 p.m.||BREAK (5 minutes)|
|4:45 - 5:45 p.m.||Networking Events|