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3rd Annual

DISABILITY CLAIMS
MANAGEMENT and LITIGATION

April 26 – 27, 2010 | Four Seasons Hotel | Vancouver
DISABILITY CLAIMS MANAGEMENT and LITIGATION
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Register Online or call 1-888-777-1707.
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Conference highlights include:


  • Medical and legal expert panel on addiction as a disability and non-visible disabilities
  • How does medical assessment of disability claims work?
  • Disease as an “accident” and review of Gibbens v. Co-Operators Life Insurance Co.
  • Potential jurisdiction of BC Supreme Court to hear disability claims cases
  • Examining the impact of the new rules of civil procedure on disability claims litigation
 

ALSO FEATURING A 2.5 HOUR ETHICS WORKING GROUP
Ethical Best Practices in Disability Claims Management

 

PROGRAM CO-CHAIRS

Kirk Wirsig
Partner, HWM Lawyers

Elizabeth B. Lyall
Partner, Fasken Martineau DuMoulin LLP

 

CLE Accreditation

This program has been approved by the Law Society of British Columbia for 11 hours of which 2.5 hours count for ethics.
This program has been approved by the Law Society of Saskatchewan for 11 hours of which
2.5 hours count for ethics and for 1 Loss Prevention Credit for the outgoing Loss Prevention Credit Program.

 

MEDIA PARTNER
Canadian CInsurance

 

WHO SHOULD ATTEND

  • In-house Counsel for Insurance Companies
  • Plaintiff and Defense Counsel
  • Claims Directors, Managers, and Examiners
  • Case Managers
  • Insurance Adjusters
  • Mediators and Arbitrators
  • Medical Experts or Consultants

 

 

Dear Colleague,

As a lawyer or insurance professional dealing with the complex area of disability claims management or litigation, you know the importance of staying on top of changing legislation, the latest medical research and findings, and key decisions.

Insight Information’s 3rd Annual DISABILITY CLAIMS MANAGEMENT and LITIGATION Conference stands out because of the quality of presenters and the relevance of the topics that will be covered, including:

  • Implications of the new rules of civil procedure on disability claims litigation
  • “Utmost Good Faith”: contractual obligations & limits
  • Examining general exclusion clauses
  • Definition of “Accident”: review of Gibbens v. Co-Operators Life Insurance Co.
  • Making mediation work
  • Medical assessment for disability claims
  • Medical legal experts on addiction and non-visible disability claims

As well, the 2.5 hour ethics working group and roundtable discussions are a unique and practical way to share and learn best practices from your peers.

This two day conference, driven by case studies, critical regulatory updates, and best-practices, presents a unique opportunity for leaders and experts in this niche industry to meet, exchange ideas and network with peers on topics of mutual interest and concern.

We are certain that you will find this conference worthwhile and we look forward to seeing you there.

 

Kirk Wirsig
Partner
HWM Lawyers

Elizabeth B. Lyall
Partner
Fasken Martineau DuMoulin LLP

 

CONFERENCE AGENDA


Monday, April 26, 2010
8:00

Registration and Coffee
8:40

Welcoming Remarks from Insight Information
8:45

Co-Chairs’ Opening Remarks
9:00

New Rules of Civil Procedure – Implications for Disability Claims Litigation

Sarah J. Hentschel
Associate
Watson Goepel Maledy LLP

John Vamplew
Director
Whitelaw Twining Law Corporation

  • Interpretation and application of the concept of “proportionality”
  • What are the implications of the new test for discoverability for disability claims litigation? What impact will the application of “proportionality” have on defining the scope of discovery?
  • What are the new requirements for expert witness reports? What are the limits to opposing counsel’s entitlement to pre-trial disclosure of expert materials?
  • Intentions of Case Planning Conferences (CPC) and Trial Management Conferences (TMC)
10:00

Networking Coffee Break
10:15

“Utmost Good Faith”: Contractual Obligations and Limits

Jan Abraham Fishman
Counsel
Manulife Financial

Brad Garside
Partner
Paine Edmonds LLP

  • Defining the scope of an insurance company’s duty of good faith
  • How have recent cases interpreted “fairness” and “timeliness” of:
    • Investigation
    • Assessment
    • Attempt to resolve claims
  • Managing overlapping coverage
  • What are the insurance company’s obligations in revisiting denial of claims?
11:15

Examining General Exclusion Clauses: Onus of Proof, Clarity and Contra Proferentem

Kirk Wirsig
Partner
HWM Lawyers

Jo Ann Carmichael, Q.C.
Partner
Alexander Holburn Beaudin & Lang LLP

  • Close analysis — do your client’s circumstances ‘fit’ the language?
  • Contra proferentem is not your last resort
  • Can an underwriting expert save the day?
  • Risk as negotiating leverage
12:15

Networking Luncheon
1:30

Definition of “Accident”: Review of Gibbens v. Co-Operators Life Insurance Co.

Bruce Laughton, Q.C.
Laughton & Company

  • When can a disease become an accident?
  • Does the Martin “expectation test” have relevance to bodily injury claims?
  • How can traditional interpretive principles be used to avoid unrealistic results?
  • What are the limits of Accident Insurance Policies?
2:30

Networking Refreshment Break
2:45

Investigation & Surveillance: Privacy Concerns and Other Issues

D. Lawrence Munn
Chair, Privacy Law Group
Clark Wilson LLP

  • When can an insurance company initiate investigation or surveillance?
  • Evaluating an insured’s right to privacy
  • What the commissioners and courts are saying about online privacy
  • Is evidence collected through social media, like a personal Facebook or Twitter account, admissible in court?
  • Lessons learned from recent cases
3:45

Making Mediation Work: Effective Tips, Tools and Tactics

Diane Bell
Litigation Partner
Clark Wilson LLP

Colleen Cattell, Q.C., C. Med.
Lawyer & Mediator
McKechnie & Company

Paul Taberner
Chartered Mediator
CanSolve

  • Effective preparation — what you need to bring to the table
  • Disclosure essentials to facilitate the mediation process
  • Stating your case — do’s and don’t’s
  • Listening for the opportunity to reach a resolution
  • Choosing the right mediator and ways to maximize their expertise and experience
4:45

Conference Adjourns for the Day

 

Tuesday, April 27, 2010
8:50

Co-Chairs’ Opening Remarks
9:05
KEYNOTE ADDRESS

Medical Assessment for Disability Insurance Applications & Claims

Dr. E. Douglas Gat, MD
National Medical Director, Group Disability
Manulife Financial
10:00

Medical & Legal Expert Panel: Understanding Addiction as a Disability

Dr. Donald Hedges
Expert in Addiction Medicine

Ken Curry
Staff Counsel
BCGEU

  • Why is addiction classified as a disability?
  • Influence of society and stigma surrounding addiction
  • Common myths and misperceptions about addiction
  • What are the key differences between addiction and substance abuse?
  • Advantages and disadvantages of different approaches for addressing substance use problems in the workplace: Employee Assistance Programs (EAPs), drug testing and health promotion programs
  • Treatment options and solutions that work
  • Accommodation and managing return to work
11:00

Networking Coffee Break
11:15

Medical & Legal Expert Panel: Handling Non-Visible Disability Claims

Avon Mersey
Partner
Fasken Martineau DuMoulin LLP

Dr. Robert S. Rothwell, MD
Rheumatologist

Dr. Izabela Z. Schultz
Professor
Educational and Counselling Psychology, and Special Education (ECPS)
University of British Columbia

  • Definitions, diagnosis and the latest research on treatment of:
    • Chronic fatigue syndrome (CFS)
    • Fibromyalgia and chronic pain
    • Chronic depression
    • Anxiety disorder
  • Proving non-visible disabilities in courts
    • Arguments and recent decisions
12:00

Determining Jurisdiction in Disability Claims Disputes

Shona Moore, QC
Barrister and Solicitor
Moore Edgar Olson

  • What is the test for determining jurisdiction?
  • What is the role of the Union in representing members in disability claims disputes?
  • Recent arbitration award highlights
  • A review of cases concerning the jurisdiction of the Supreme Court
12:45

Networking Luncheon

ETHICS WORKING GROUP


2:00

Ethical Best Practices in Disability Claims Management

Discussion Leader:
Jan L. Lindsay, QC
Partner
Lindsay Kenney LLP

Ethics is a crucial and critical component of managing disability claims. In this afternoon working group session, you will be divided into roundtables where each group will discuss eight hypothetical scenarios to identify ethical best practices in each disability claims case. You will approach these scenarios from different perspectives, enabling you to evaluate and understand the choices and dilemmas faced by claimants, union representatives, counsel, insurance professionals, medical professionals, and employers.

The scenarios will include discussion of topics like:

  • Privacy and confidentiality
    • Disclosure of third party documents
  • Investigation and surveillance
  • Managing evidence and disclosure
  • Solicitor-client privilege
  • Return to work and accommodation measures
4:30

Co-Chairs’ Closing Remarks and Conference Concludes

 

SPONSORSHIP OPPORTUNITIES

Gain additional presence and prestige in front of senior level decision makers through Insight Information’s sponsorship opportunities. All of our exclusive sponsorship packages include a comprehensive suite of preferential benefits. For further details, please contact Kevin Jeanjacques at 416.642.6130 or kjeanjacques@alm.com

 

HOTEL RESERVATIONS

The Four Seasons Hotel is conveniently located at 791 West Georgia Street (the corner of Howe Street and
West Georgia Street), Vancouver, B.C. For overnight accommodation please call the hotel at 604-689-9333 or by fax 604-684-4555.

 

PRICE

Registration Fee: (Includes meals, documentation and inCONFERENCE™, fully searchable online access to this conference' s papers*)

[   ] Conference Price (including Ethics Working Group): $1,895.00 + GST ($94.75) = $1,989.75
[   ] Ethics Working Group Price only: $600.00 + GST ($30.00) = $630.00
[   ] Solution Provider / Vendor Pricing $1,995.00 + GST ($99.75) = $2,094.75

[   ] I would like to order an extra copy of the conference binder (1 conference binder is included in the registration fee) $100.00 +  5% GST

* Please allow 2 weeks after conference for activation of login and password.

 

CANCELLATION AND REFUND POLICY

A refund (less an administration fee of $200 plus GST) will be made if notice of cancellation is received in writing three weeks before the event. We regret that no refund will be given after this period. A substitute delegate is welcome at any time.


SPECIAL OFFER: Send 4 people for the price of 3!

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.

INSIGHT INFORMATION REWARD PROGRAM: Attend multiple Insight Information conferences in 2010 and/or register during 2010 and save! Attend and/or register for a 2nd conference in the calendar year (January to December) and receive a 25% discount and attend and/or register for a 3rd conference and receive a 50% discount. Buy more and save!

PRIVACY POLICY: By registering for this conference, Insight Information will send you further information relating to this event. In addition, you may receive by mail, telephone, facsimile or e-mail information regarding other relevant products and services from either Insight Information OR third parties with whom we partner. If you do not wish to receive such information from either Insight or third parties, please inform us by email at privacy@alm.com or by telephone at 1 888 777-1707.

Please note: Full payment is required in advance of conference dates. Please make all cheques payable to Insight Information.

INSIGHT INFORMATION reserves the right to change program date, meeting place or content without further notice and assumes no liability for these changes.