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Published byGervase Simpson Modified over 8 years ago
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DISASTER RELIEF ON CASES GONE BAD Laura D. Schmidt DOWNS STANFORD 2001 Bryan St., Suite 3000 Dallas, TX 75093 (972) 636-1824 lschmidt@downsstanford.com
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Involuntary Party Minor Compromises Wrongful Death and Survival Medical Malpractice * “Snakes! Why did it have to be snakes?!”—Indiana Jones
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Workers Comp Default Judgments Conversion Actions
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Health care in disasters
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Roundtable/Panel Discussion
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Involuntary Party What happens when the TPA is named instead of the carrier or plan? If ERISA, what happens when named in state action?
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Minor Compromises Insured v. self-insured Is “you” defined? Does policy/SPD specifically address minors? What to do if filed in state court and ERISA?
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Wrongful Death and Survival Does policy/SPD address legal representatives? What if there is no recovery to the deceased?
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Medical Malpractice How do you identify the claim? How do you handle the expenses? Can you cut a deal with the attorney?
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Workers Comp -- Monitor lawsuit -- Intervene in lawsuit (where available) -- File as a secondary claimant (where available) -- File lawsuit
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Default Judgments/MSJ’s Is a default worth it? Up front activity (admissions, affidavit) Is this a P/R nightmare?
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Conversion Actions Does language create a lien? Member/insured Personal injury attorney How far do you push?
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