The Many Faces of Batch

Panelists: William Bower, Chief Risk Officer, Northwestern Memorial Healthcare Charlie Pearch, Senior Partner, Lloyd & Partners Kim Morgan, SVP and Bermuda Healthcare Practice Leader, Endurance Kristin McMahon, Chief Claims Officer, IronHealth Moderator: Joshua Stein, President, US Healthcare, IronHealth

The Many Faces of Batch I.What is a ”batch claim” There are many types: for purposes of this panel, we’re focusing on “multiple claims from multiple claimants arising from a single incident” – When do multiple “acts” become a single “incident”? Examples: – “Bad Behavior” batch claims: Dr. Levy; Dr. Reardon; Nurse Cullen – “Financial Incentive” batch claims: cardiac stents; cancer treatments; “experimental” surgeries – “Medical Technology” batch claims: da Vinci robots; metal hips

The Many Faces of Batch II.What are Insureds most worried about with respect to Batch claims? What are the kinds of Batch scenarios that keep Captive Managers and their Brokers up at night? Are these the kinds of exposures the commercial insurance/reinsurance market is equipped to handle? Is “risk transfer” a sustainable “model” to handle Batch exposure? Are Captives financially positioned to cover Batch exposures? Are reinsurers willing/able to respond to those exposures in a reasonable and cost-effective manner?

The Many Faces of Batch III. Is frequency of batch claims increasing? Why? Medical technology Follow-on actions from regulatory investigations Revenue pressure leading to corner-cutting Experimental or unnecessary procedures What is the impact of the Internet, Social Media and other advertising vis-à-vis plaintiff lawyers and the ease with which they can locate and sign up claimants?

The Many Faces of Batch IV.Defending batch claims Can batch claims be defended on the merits? Is the risk too great? Is settlement the only viable option? VI.The future of batch claims How will the legal, regulatory and insurance communities deal with batch claims going forward? Since insurance limits are discoverable – and since higher limits often result in higher demands from plaintiffs – should entities buy less limit for batch claims?