david gross and chuck webber - National Association of Subrogation

Welcome Letter
While you and yours are looking forward to NASP’s Annual Conference in the Sunshine State, this
November in Orlando, Florida, the committee is already planning the next Subrogation Litigation: Skills and
Management Conference to be held March 19-20, 2015, at The Meritage Resort and Spa in the heart of Napa
Valley, California. This year’s conference will be like no other and one you certainly won’t want to miss!
It seems like only yesterday we were enjoying the sun and sand at the 2014 Lit Skills Conference in Amelia
Island, Florida, discussing negotiation tactics between neighbors with negotiation expert Ed Brodow. We then
learned high-level negotiating strategies from a variety of speakers, from sitting judges to industry experts, on
topics ranging from “The Art of Persuasion to Arguing Medical Necessity, Pretrial and Pending Motions” to
“Obtaining Settlement Authority From All Perspectives.” Perhaps most importantly, we learned that you can,
in fact, rap the NASP Antitrust Statement (kind of). In all seriousness, the 2014 Conference provided a lot of
great information on a topic on which many of us already thought we were experts: negotiation. It turned out
there was plenty to learn.
Let us wow you at the 2015 Subrogation Litigation: Skills and Management Conference at the stunning
Meritage Resort and Spa in Napa, California; affordable luxury at its finest. With the beautiful backdrop of
sprawling vineyards, our focus will be on “Simplifying Complicated Matters for Trial.” Join us on a guided
tour through the subrogation process, from the initial investigation through convincing the jury to love your
subrogation carrier.
Our journey will begin with small group, close-up views of hands-on expert investigations. Our experts will
take you step-by-step through their investigations into hot-topic items and areas in both the property damage
and personal injury realms. From complex property losses to workplace injuries and automobile accidents,
there will be something for everyone. Our journey will continue through the subrogation process into the
litigation stages. There will be sessions on how to convey expert conclusions to a lay-person, be it an adverse
carrier, opposing counsel, a jury, or judge, to bolster your subrogation recoveries. The sessions will guide you
step-by-step through the subrogation process to effectively take your case before a judge or jury. Attendees
will benefit from traditional long-form sessions, as well as the smaller “speed sessions”, providing options
for attendees to learn in smaller more practice specific areas. The speakers, ranging from attorneys to experts
to insurance professionals, will provide attendees with the tools to not only fully understand the nuances of
subrogation cases, but also to effectively explain these often complicated facts and issues to the people making
the most important decisions: whether or not the subrogated insurer will get paid.
The 2015 Litigation Skills Conference will be an opportunity for all subrogation professionals to obtain
valuable subrogation training. Be sure to mark your calendars now for March 19 – 20, 2015. Learn valuable
information for your subrogation practice amidst the gorgeous setting of California’s Napa Valley at The
Meritage Resort and Spa. When you are not attending the great sessions, you can explore The Meritage’s wine
cave, hike the adjacent vineyard or unwind and be pampered in the secluded spa. The Meritage is just minutes
away from downtown Napa, where you can enjoy award-winning restaurants, attend wine tastings, take in
the scenery on a guided hike, bike, kayak or wine train tour, enjoy a sunset balloon ride, or hit the links for a
round of golf. Register now for your best subrogation adventure!
Melissa Comras and Jeff Korinko
Conference Co-Chairs
The Meritage Resort
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Conference Agenda
Thursday, March 19, 2015
The Registration Desk will be open from 7:00 AM – 6:45 PM.
8:00 AM – 9:00 AM
9:00 AM – 9:30 AM
LSC Co-Chairs / President
9:30 AM – 10:30 AM
David Gross and Chuck Webber
10:30 AM – 11:00 AM
11:00 AM – 12:00 PM
David Gross and Chuck Webber
12:00 PM – 1:15 PM
1:15 PM – 3:00 PM
Experts in Action: Understanding Investigation Through Eyes of Your Expert
James Mason, Adam Forest, Steven Schorr
Ever wonder what goes on in your expert’s lab or investigation? This round-robin session hones in on investigative skills, as well
as discusses some of the less obvious, most frequently missed or miss-collected types of data. Join us for a fascinating, once in a
lifetime opportunity for an up close view of experts in action! All participants will have the opportunity to meet and observe our expert
investigations and destructive testing involving metallurgical failures, workplace products and accident reconstruction. Have you ever
wanted to see an electron microscope up close? Wondered how to determine if your workplace injury or products liability claim was
caused by a manufacturing defect or an unfortunate operator error? Curious about how that accident really happened? Follow our experts
on a no-nonsense, detailed step by step discovery through their investigations. At the conclusion, the experts will provide detailed expert
reports of their findings, good, bad or ugly, which will be used throughout the remainder of the sessions. This is one you cannot miss.
3:00 PM – 3:30 PM
3:30 PM – 4:45 PM
At this dynamic seminar, David Gross, a three-time recipient of Minnesota Lawyer’s Attorney of the Year, and Chuck
Webber, a fellow of the esteemed American College of Trial Lawyers, will take you through the entire process of trial
preparation and teach you the keys to effective trial advocacy.
Conveying Your Conclusions – Metallurgical Failures
Kevin Smith, Shaun Young, Scott Dillon
Using the NITA trial advocacy book, The Power Trial Method, Gross and Webber will review everything you need to
know for trial, including:
• trial preparation
• opening statements
• witness examinations
Conveying Your Conclusions – Biomechanics & Accident Reconstruction
Mark Demian, Heath Sherman, Bradley Probst
• trial themes
• demonstrative exhibits
You’ve got your expert’s report, now what do you do with it? Learn the who, what, when, where, why and how on presenting and
disclosing your expert’s findings! Attendees will learn how biomechanics affect the loss and injury claim, while learning fundamental rules
regarding the admissibility of expert reports and findings; we’ll help you sort and decipher which (and when) privileges apply to experts
and expert report disclosure. Have an affinity for technology? Become a subrogation pioneer with technology that will enhance your claim
preparation and case presentation!
• evidentiary disputes
• closing arguments
• and MORE!
David Gross and Chuck Webber, both partners at
Faegre Baker Daniels, are national speakers who
have taught trial advocacy to thousands of attorneys across
the country over the past 15 years. Wherever possible, they use
examples from actual trials to illustrate the important advocacy
concepts at their seminars.
This presentation will focus on gathering and preserving evidence and presenting evidence through experts to support your conclusions
in connection with a fire case. The attendees will learn to determine when certain types of experts, such as metallurgists, are necessary.
The attendees will also learn, through actual case examples, how to identify evidence that must be preserved, establish and record chain of
custody and avoid spoliation. The attendees will learn how and when to use product testing as well as technology, such as apps for lawyers,
E discovery, and iPads to present the evidence at trial in a persuasive manner.
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4:45 PM – 6:30 PM
7:00 PM – 9:00 PM
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Conference Agenda
Friday, March 20, 2015
12:15 PM – 1:15 PM
1:15 PM – 2:00 PM
Strategies for Increasing Property Damage Settlement Offers
Robert Stern, Warren George
“Put that coffee down! Coffee is for closers only.” Are you ready to settle a claim? If so, this interactive presentation is designed for
you!! When is the right time to address settlement with your adversary? What techniques can be used to increase a settlement offer?
What strategies are used to increase settlement offers? Can you, alone, increase a settlement offer, or should someone else assist you?
These and other vital questions related to increasing settlement offers will be addressed during this presentation. This presentation will be
co-presented by a very experienced subrogation attorney and a defense attorney. You will hear strategies from both sides of the coin.
8:00 AM – 9:00 AM
Proving Damages in Auto and Workers’ Compensation Claims
Jeff Ricke, Joshua Kirsch
9:00 AM – 9:45 AM
You’ve made it through the early stages and it’s time to prepare your case for trial! What documents and evidence are going to bolster your
claim and win your case? What do you do if the party with the expert (perhaps your insured) settles his or her portion of the claim before
trial? Get insider tips and strategies for proving up your automobile and workers’ compensation claims including uninsured/underinsured
motorist, medical payments, property damage and indemnity claims. We’ll show you how to determine which experts (if any) you need for
trial, the proper use of physicians’ depositions, as well as tips for successful party coordination.
Thank You Ecuador! How a Decades-Long Environmental Litigation Impacts the Attorney-Expert
“Circle of Trust” in Federal Court
Joseph Rich
Experts! The success of your recovery case often rises and falls with experts. And how well they are managed throughout the recovery
process is critical. We will explore recent amendments to Federal Rule 26 and 3 recent U.S. Circuit Court of Appeals cases and their
impact on expert discovery in federal court. This presentation outlines the new “attorney-expert privilege” in federal court for attorneyexpert communications and draft reports, and discusses whether the protections run to insurance claims personnel. We will also discuss an
early email scenario between experts and adjusters, how to use counsel as a “conduit” of information to maintain the new privilege, and
best practices with experts.
9:45 AM – 10:45 AM
K.I.S.S. The Court: Simplifying Complex Subro Issues for Judges and Juries
Steven Theesfeld, Phillip Theesfeld
This seminar will teach you how to maximize your chances of pre-trial motion success by streamlining your hardest technical issues and
keeping the court focused on what really matters. Using examples of common pre-trial issues, the presenters will role-play how to identify
your best argument and then keep the focus on that during your motion hearing. This seminar will offer real life “true stories” on how to
deal with bored or time-pressed judges and employ a common sense persuasive approach.
10:45 AM – 11:15 AM
11:15 AM – 12:15 PM
Representing Darth Vader: Convincing the Court to Love Your Carrier Client
T. David Higgins
The gavel drops. You rise to face the jury. They await the introduction of your client, the plaintiff insurance carrier . . . This course is
designed to address the daunting challenge of convincing a jury to view a named, subrogating insurer through the same prism as they do
the local defendant service provider. Course attendees will be provided specific tactics designed to bring the jury over to the dark side,
through voire-dire, subtle direct and cross-examination questions, as well as through opening and closing statements.
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2:00 PM – 3:00 PM
Opening and Closing Arguments / Cross Examinations
Matthew Peaire, Lynn Weaver, Lindsay Dansdill
This presentation will begin with an analysis of the best strategies for addressing the jury and outlining your case during the opening
statement. The analysis will be followed by a brief explanation on how an effective cross-examination can be used to your advantage when
incorporated into your closing argument. The presentation will be concluded by an analysis of the best strategies for an effective closing
argument, tying in both the opening statement and the cross-examination previously discussed. Time permitting, the presentation will
include a brief mock cross-examination with an expert.
3:00 PM – 3:15 PM
3:15 PM – 4:15 PM
Closing Keynote: Say What You Mean and Mean What You Say – Effective Subrogation
Carl Van
Most negotiation experts will say that the most important aspect of any successful negotiation is effective communication. In subrogation,
we are often faced with the situation of explaining things that people don’t want to hear, or negotiating with attorneys who don’t want to
consider what we have to say. Regardless of the situation, the negotiation experts always recommend being extremely clear about what we
are trying to say. Their advice? If you’ve got something to say…say it! Based on his best selling claims book, Negotiation Skills for the
Claims Professional, Carl Van will share his experience in monitoring phone calls of subrogation professionals, and how every often we
imply what we mean to say, but we don’t ever actually say it. He will give some very simple advice on how to always make sure you get
your point across.
4:15 PM – 4:30 PM
Conference Co-Chairs
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Exhibit Hall
Meritage Grand Salon
The Meritage Resort
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Sponsor/Exhibitor Info
Conference Registration
Pre-Registration List
Upon checking in at the conference, all attendees will be provided with a list of individuals registered for the conference.
This list will provide ONLY the name of the attendee, company, city and state. To be included on the Pre-registration
List, your registration must be received no later than February 13, 2015.
Cancellation Policy
Written cancellation postmarked or faxed on or before February 13, 2015 will receive a refund of all fees, less a $150
cancellation fee. Due to hotel and staffing commitments, all cancellations after January 16, 2015 and all no-shows are not
eligible for a refund. Substitute an attendee at any time by notifying the NASP office in writing prior to the conference or
in writing during on-site registration.
Become a member and receive a reduced rate for this conference. Please visit www.subrogation.org to learn more.
Conference Registration Fees
Put your company name and information in front of the decision-makers by becoming a conference sponsor. Studies
prove that attorneys provide the names of expert witnesses in 44% of cases. Can you afford to miss this opportunity to
showcase your services and/or products to this important group of purchasers? For more information, contact Joanne
Corcoran at [email protected] or at 800.574.9961.
Members: $860
Non Members: $1,300
Members: $965
Non Members: $1,400
Additional Fees
(Additional $150)
NASP will be applying for CLE credits for this conference. An “Official Record of Attendance” form will be
provided during registration to all individuals wishing to receive CLE credits. The form must be returned to the
NASP office no later than April 30, 2015 for official filing. Additional fees may apply if the deadline is not met.
(Additional $100)
NASP will be applying for CE credits for this conference. All individuals seeking CE credits must pick up an
attendance form at registration and have their forms available at the beginning and end of each session for sign in
and sign out signatures. All forms must be returned to the NASP registration desk at the end of the conference for
official filing.
Any firm or organization not assigned an exhibit space will not be permitted to display products, distribute circular or
promotional material, or solicit business in the conference area or in any public area of The Meritage Resort during the
conference. Persons who violate this rule will be asked to leave the conference and will be banned from future NASP
events with no refund. Please report violations to the Board of Directors, Conference Co-Chair or any NASP staff
member. For more information, contact Elle Wiernik at [email protected] or at 800.574.9961.
Hotel Information
3875 Bordeaux Way
Napa, California, 94558
Phone: 707.251.1900
Fax 707.254.8274
Discounted rooms are available to all NASP attendees by clicking on the “Book a Hotel Room” link on the
“Conferences” page of the NASP website at www.subrogation.org.
Conference Guest Registration is available only to spouses and personal guests of conference registrants. This fee
includes admittance to the Thursday Evening Reception ONLY. Conference Guest Registration does NOT allow
guests access to the educational sessions of the exhibit hall during daytime hours. Conference Guest Registration
must be accompanied by a full conference registration.
Recommended Attire: Business casual for all events.
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Sponsor/Exhibitor Info
Who Will Be Attending
• Subrogation attorneys and in-house counsel who try cases or oversee litigation
• Insurance company staff professionals who are involved in the litigation process
• Vendors interested in networking with subrogation litigation professionals
• Insurance company representatives and attorneys interested in learning more about the subrogation process
Your Exhibit Investment Includes:
• A pre-conference attendee mailing list to promote your presence at the conference
• One complimentary, full-conference registration for exhibitor personnel
• Access to all educational sessions
• A company listing in NASP’s smartphone interaction application (app)
• Professional floor management and overnight security in the exhibit hall
• A 8’ table for your booth, one wastebasket, a company identification sign, two chairs, etc.
• Access to the keynote presentation and all receptions
• Networking amongst 300+ subrogation attendees, including Insurance Claims Professionals and Service Providers
(attorneys, adjusters, brokers, experts, etc.)
• Ribbons on your name badge identifying you as a conference exhibitor
• Early admission to enjoy all meal functions
• Recognition in our Subrogator magazine
• Name directory in on-site brochure (provided to all conference attendees)
• A post-conference attendee mailing list to reinforce your presence at the conference­
Tentative Exhibit Hall Schedule
Exhibitor Installation: TBD
THURDAY, MARCH 19, 2015:
Breakfast with Exhibitors: 8:00 – 9:00am
Refreshment Break: 10:30 – 11:00am
Lunch: 12:00 – 1:15pm
Refreshment Break: 2:45 – 3:15pm
Evening Reception: 4:30 – 6:30pm
Consider Becoming a Sponsor
• Signage at the conference
• Acknowledgement in the NASP
Subrogator magazine
• Acknowledgement on the NASP
• Receive a color ad in the conference
syllabus (see below)
• Ribbons on your name badge at the
conference identifying you as a sponsor
Bronze Sponsor – $2,500
(1/4 page, color ad)
Silver Sponsor – $5,000
(1/2 page, color ad)
Gold Sponsor – $7,500
(2/3 page, color ad)
Platinum Sponsor – $10,000
(full page, color ad)
Advertisement requirements and
deadlines will be forwarded to
you upon receipt of your Sponsor
Application. Payment must be received
by February 16, 2015 to ensure
that ads will be included in the
conference syllabus. For more
information, contact Joanne Corcoran
at [email protected]
or at 800.574.9961.
Exhibit Rates*
Members $1,350
Non Members $1,795.
*Per one 10-foot by 10-foot booth space.
Includes one exhibit personnel
FRIDAY, MARCH 20, 2015:
Breakfast with Exhibitors: 8:00 – 9:00am
Refreshment Break: 10:15 – 10:45am
Lunch: 12:00 – 1:15pm
Exhibitor Dismantle: 1:30pm
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Rules and Regulations
Booth Assignments
Some booths are reserved during priority booth selection. Full payment of the booth fee is required upon submission
of the contract to the NASP office. This must be done prior to any booth assignment being completed.
Booth Décor
Individual booth spaces are 10-feet by 10-feet. Each exhibit space will consist of a 8' high draped back wall and
3' high draped side rails, one draped table, two chairs, one wastebasket and one company identification sign. The
exhibit hall is fully carpeted. Information on additional carpeting and furnishings will be included in the Exhibit
Services Kit.
Official Show Contractor
Exhibitors must use the Official Show Contractor for drayage and rigging, furniture rental, labor and custom
cleaning. Due to space and shipping dock limitations, please do not send your exhibit materials directly to the hotel.
An Exhibit Services Kit will be provided to you 4 weeks prior to the conference. Representatives will be available
during setup, throughout the conference and during removal to assist you.
Use of Space
NASP enforces the IAEM Guidelines for Display Rules and Regulations, 2005 Update. These guidelines have
been adopted by NASP to ensure consistent and fair exhibiting standards for our event. By signing the Exhibit
Registration Contract, you are agreeing to abide by the IAEM guidelines, NASP’s rules and any rules outlined in the
Exhibit Services Kit. A copy of the IAEM Guidelines for Display Rules and Regulations will be sent to you upon
receipt of your exhibit contract. A single exhibit booth may be occupied by only one company and must be occupied
by the same company for the duration of the conference. No firm or organization not assigned exhibit space will be
permitted to display products, distribute circular or promotional materials, or solicit business in the conference area
or in any public area of The Meritage Resort during the conference. Persons who violate this rule will be asked to
leave the conference and will be banned from future NASP events with no refund.
Setup and Removal
The exhibit area at The Meritage Resort will be available for setup on Wednesday, March 18, 2015, from 11:00am
- 6:00pm. Please have ALL company representatives check in individually at the NASP registration desk to receive
their registration packet and badge. The NASP registration desk will be open at 7:00am on Thursday, March 19,
2015. Exhibits must be fully installed no later than 6:00pm on March 18, 2015. Exhibitors that do not complete
set up of their booth before the beginning of the conference automatically forfeit the exhibit space unless previous
arrangements have been made with the NASP office and approved by the Conference Co-Chairs. The disposition
of the booth will be entirely at the discretion of NASP. NO refunds will be granted, nor will previous payments be
credited to any future event or other purpose. Please note: For security reasons name badges MUST be worn at all
times during the NASP conference. Dismantling and repacking of exhibits is scheduled from 1:30pm – 6:00pm on
Friday, March 20, 2015. Exhibitors are not allowed to dismantle their booths prior to these times. Any exhibitor
who does not adhere to the stated dismantle times will automatically forfeit 25 priority points towards future events.
Additional details on setup and dismantling will be included in the exhibitor information provided in the Exhibit
Services Kit.
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Special, Oversized or Noisemaking Display Components
Any display that exceeds normal display regulations must be approved in writing prior to the conference. Permission
must also be granted an arrangement made for any oversized display, which may require early setup. Displays
that do not conform to specifications herein and have not been approved by NASP prior to the conference will
not be accepted. Exhibitors need approval for special setup arrangements must contact Elle Wiernik at NASP at
800.574.9961 or 412.706.8000 at least 30 days in advance of the conference. Upon approval, exhibitors will be
directed to the appropriate person to arrange an early setup time.
Booth Operations
Exhibits which include the operation of radios, talking motion picture/video equipment, public address systems
or any other noise-generating devices must be conducted or arranged so that the resulting noise will not disturb
adjacent exhibitors. Operators of noise-generating exhibits must secure approval of operating methods and outputs
prior to the exhibits opening. Distribution of circular or promotional materials may be made only within the booth
assigned to the exhibitor presenting such materials. A company or organization not assigned exhibit space will not
be permitted to solicit business within the exhibit area or in any public space in The Meritage Resort. Storage crates,
boxes or other extraneous materials may not be stored in the exhibit area during the conference. Arrangements
must be made with the Official Show Contractor for pickup, storage and return at regular drayage rates. Exhibitors
shall be fully responsible to pay for any and all damages to property owned by The Meritage Resort, its owner or
managers, which result from any act or omission of the Exhibitor. The Exhibitor agrees to defend, indemnify and
hold harmless The Meritage Resort, its owners, managers, officers or directors, agents, employees, subsidiaries and
affiliates, from any damages or charges resulting from the Exhibitor’s use of the property. The Exhibitor’s liability
shall include all losses, costs, damages or expenses arising from, out of or by reason of any accident of bodily
injury or other occurrences to any person or persons, including the Exhibitors, its agents, employees and business
invitees, which arise from or out of the Exhibitor’s occupancy and use of the exhibition premises, the hotel or any
part thereof. NASP reserves the right to restrict exhibits which, because of noise, method of operation, materials
or for any other reason, become objectionable. At its own discretion, NASP reserves the right to decline or cancel
an Exhibit Registration Contract due to cause. NASP also reserves the right to prohibit any exhibit which, in the
opinion of conference management, may detract from the general character of the conference as a whole. In this
event, NASP is not liable for any refund of fees, etc.
Security and Liability
During setup and dismantling hours, and in the period before and after exhibit hours, overall security will be
provided in the Exhibit Hall. During exhibit hours, the Exhibitor’s representative will be responsible for security in
the booth. Any items of value should be removed from the area when the conference is not in session. Exhibitors
wishing to insure goods should do so at their own expense. The Exhibitor assumes responsibility and agrees to
indemnify and defend NASP and The Meritage Resort and their respective employees and agents against any
claims or expenses arising out of the use of exhibition premises. The Exhibitor understands that neither NASP nor
The Meritage Resort maintain insurance covering the Exhibitor’s property and it is the sole responsibility of the
Exhibitor to obtain such insurance.
Photography and Videography
NASP maintains the exclusive right to all photography and videography from the official conference photographer
and videographer. Exhibitors are not allowed to photograph any booths other than their own at the conference.
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Rules and Regulations
Ownership of Events Rights
NASP maintains the exclusive right to control all photography and video and audio recordings of the conference and
the exclusive right to the publication, reproduction and distribution of such recordings. NASP may grant exclusive
or non-exclusive licenses to individuals or entities that may allow the individuals or entities to record the conference
and/or publish, reproduce and/or distribute such recordings upon terms negotiated between the parties.
Cancellation by Exhibitor
In the event the Exhibitor cancels the Exhibit Registration Contract on or before January 16, 2015, NASP will
refund the Exhibitor’s fee, less a $150 administrative fee. In the event the Exhibitor cancels the Exhibit Registration
Contract after January 16, 2015, the Exhibitor will receive no refund of exhibit fees. NASP will not be liable for
other expenses the Exhibitor might incur due to any such cancellation.
Cancellation by Management or Inability to Hold Exhibits
If NASP management can­cels the conference on or before January 16, 2015, or if on or before January 16, 2015,
causes beyond the control of NASP management arise which prevent the planned holding of the conference, the
Exhibitor will be refunded 100% of their rental fee. Management will not be liable for any other expenses the
Exhibitor might incur.
Application Acceptance
Acceptance of an application does not mean endorsement by NASP management or the applicant’s service or
product. Rejection of the application does not imply disapproval of the applicant’s service or product.
NASP management has total authority of interpretation and enforcement of these Terms, Conditions, Rules
and Regulations and reserves the right to amend them at any time for the benefit of NASP. Exhibitors and their
representatives who violate these Terms, Conditions, Rules and Regulations unethically, may be dismissed from the
conference without refund or other appeal and may be excluded from participation in future conferences.
Hospitality Rooms and Suites/Outside Activities
No Exhibitor or any affiliate thereof shall conduct any onsite or offsite event during conference hours which would
encourage attendees away from the exhibition or conference sessions/activities. Hospitality rooms and suites should
be coordinated with the NASP office. The NASP office will have final approval of any and all hospitality rooms and
suites during the conference. Only hotel beverages will be allowed. There will be no exception. All charges will be
paid by the host.
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National Association of Subrogation Professionals
Three Robinson Plaza, Suite 130
6600 Steubenville Pike, Pittsburgh, PA 15205
Phone 412.706.8000
Fax 412.706.7164