Claims and Litigation Management Alliance: 2019 Cyber, Management, and Professional Liability Conference
606 Congress Street, Boston, MA 02210
Kathryn Whitlock is speaking on the topic "Avoiding Malpractice and Bad Faith in an Electronic World." The pitfalls and perils facing claims handlers and lawyers because we practice in an electronic world are legion. Consider: electronic document collection that collects too much or not enough; inadvertent production and inadvertent withholding, either of which can be related to sheer volume; misdirected e-mail because of a “reply all” or auto-populate; informal chatter via e-mail; attaching a draft to an e-mail; incompletely scrubbed template (perhaps sharing HIPAA protected information); data shared via a “shoulder surfer”—and the list goes on. This presentation will raise awareness of various risks, discuss different laws and rules that govern the conduct of claims handler and/or lawyers, discuss actual cases in which alleged failure to protect against the risk resulted in a claim, and suggest ways that claims handlers and lawyers can reduce their own risk of having a claim asserted against them or their insured/client because of a contended or actual electronic error.