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omsnic.com Also in this issue: A Risk Management Newsletter from OMSNIC THIRD QUARTER 2017 Vol. 28, No.3 3 2016 Annual Report 9 DDS Guardian Referral Program 12 OMSNIC Annual Meeting Events 14 RM Courses OMSNIC Annual Meeting Events and Booth Schedule OMSNIC will hold numerous business and networking events during the AAOMS Annual Meeting this October in San Francisco. Please join us at these events and stop by the OMSNIC booth #1716 to chat with your OMSNIC agent and OMSNIC staff throughout the week. View the Events and Booth Schedule. Board Message 2 Defense of OMS Claims - It’s Complicated and EXPERIENCE COUNTS! OMSNIC’s experience managing malpractice claims against oral and maxillofacial surgeons is unrivaled in the industry. By: James Q. Swift, DDS >> Feature Article 4 Defending the Specialty Through Innovation Constant innovation supports OMSNIC’s commitment to Defend the Specialty. By: Matthew Nielsen, JD >> OMS Testimonial 6 Do I Really Need to Worry About Cybersecurity? An OMS Director shares his experience and lessons learned from a ransomware attack in his practice. By: Robert F. Guyette, MD, DMD >> Ransomware Tips 8 Ransomware: We’ve Been Attacked! Now What? If you do experience a ransomware attack, remember the three A’s - Act, Assess and Analyze. By: OMSNIC Patient Safety and Risk Management Team >> Litigation Resources 9 Litigation Stress: Tips and Resources The litigation process can be difficult. This summary offers information about resources and coping mechanisms for dealing with a stressful situation. By: OMSNIC Patient Safety and Risk Management Team >> Umbrella Coverage 10 OMSNIC Group Personal Excess (“Umbrella”) Coverage through Chubb Just as you have professional liability insurance to protect your professional interests, personal risks can be mitigated through personal excess or umbrella coverage. By: Jack Kohlenstein, President/CEO of JLK Insurance Group >>

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omsnic.com

Also in this issue:

A Risk Management Newsletter from OMSNIC

THIRD QUARTER 2017 Vol. 28, No.3

3 2016 Annual Report

9 DDS Guardian Referral Program

12 OMSNIC Annual Meeting Events

14 RM Courses

OMSNIC Annual Meeting Events and Booth Schedule

OMSNIC will hold numerous business andnetworking events during the AAOMS AnnualMeeting this October in San Francisco. Please joinus at these events and stop by the OMSNIC booth#1716 to chat with your OMSNIC agent and OMSNIC staff throughout the week.

View the Events and Booth Schedule.

Board Message

2Defense of OMS Claims - It’s Complicated and EXPERIENCE COUNTS!OMSNIC’s experience managing malpractice claims against oral and maxillofacial surgeons is unrivaled in the industry. By: James Q. Swift, DDS >>

Feature Article

4Defending the Specialty Through InnovationConstant innovation supports OMSNIC’s commitment to Defend the Specialty. By: Matthew Nielsen, JD >>

OMS Testimonial

6Do I Really Need to Worry About Cybersecurity?An OMS Director shares his experience and lessons learned from a ransomware attack in his practice. By: Robert F. Guyette, MD, DMD >>

Ransomware Tips

8Ransomware: We’ve Been Attacked! Now What? If you do experience a ransomware attack, remember the three A’s - Act, Assess and Analyze. By: OMSNIC Patient Safety and Risk Management Team >>

Litigation Resources

9Litigation Stress: Tips and ResourcesThe litigation process can be difficult. This summary offers information about resources and coping mechanisms for dealing with a stressful situation. By: OMSNIC Patient Safety and Risk Management Team >>

Umbrella Coverage

10OMSNIC Group Personal Excess (“Umbrella”) Coverage through ChubbJust as you have professional liability insurance to protect your professional interests, personal risks can be mitigated through personal excess or umbrella coverage. By: Jack Kohlenstein, President/CEO of JLK Insurance Group >>

Featured Article

Defense of OMS Claims - It’s Complicated and EXPERIENCE COUNTS!James Q. Swift, DDS - Chair of the OMSNIC Board

THIRD QUARTER 2017 Vol. 28, No. 3 2

OMSNIC is committed to defending OMS and has been steadfast in this effort for 29 years,

the entirety of its existence. No other insurance company comes even remotely close to

OMSNIC’s experience defending the specialty. Since its inception, OMSNIC has managed close

to 15,000 OMS claims, including lawsuits, requests for compensation, medical and dental board

investigations, assistance with depositions, and other legal demands or matters. We have taken

more OMS claims to trial than any other insurance company and secured a favorable outcome

94% of the time. Bottom line, no company has OMSNIC’s experience or record of success in

managing OMS claims and defending the specialty.

Defending allegations of malpractice, made against you or a colleague, is a significant and

time consuming endeavor. Oral and maxillofacial surgery claims are more complex than dental

malpractice claims and claims made against other dental specialists. Similar to the value of

experience in performing surgical techniques for the best outcomes, an experienced and

specialized claims management process is critical for a successful resolution.

OMSNIC’s claims management process is built around a team approach, where the team’s

vast years of experience defending only oral and maxillofacial claims makes all the difference.

Recently, I recalled my experience and association with OMSNIC. During my continuous and

ongoing 25 year tenure on the OMSNIC Claims Committee, I have personally reviewed, in depth,

approximately 2,700 OMS claims. Many of our Claims Committee members have similar tenures,

a true distinction of OMSNIC, and one which no other insurance company can match.

The OMSNIC Claims Committee meets six times

per year at OMSNIC’s headquarters in Rosemont,

IL. Prior to the meeting, the six OMS who sit on

the Committee study a comprehensive claims

review by our in-house claims analysts, many of

whom are attorneys. These OMS review images

and scans, case records, informed consents, anesthesia records and hospital records(including

medical files from other providers), and dental records from referring and treating dentists. The

Board of Directors and our Claims Department personnel select the the oral and maxillofacial

surgeons who participate in the OMSNIC Claims Committee. The OMS have distinguished

themselves as experts of the full scope of the specialty by becoming well recognized leaders of

the specialty. Our current OMS claims reviewers are Vincent Perciaccante, John Werther, Nicholas

Bournias, Anthony Spina, Robert Guyette, Colin Bell, and Michael Stronczek. The composition of

the Claims Committee is reviewed annually by the Board of Directors and adjustments are made

to enhance and strengthen the defense we provide you as a policyholder and colleague.

As you can see, managing an OMS claim is much more involved than simply hiring an attorney

to defend you. OMSNIC’s defense strategy involves a zealous and comprehensive case analysis,

reviewing hundreds to many thousand pages of records and documents per claim. Our claims

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Board Message

”Bottom line, no company has OMSNIC’s experience or record of success in managing OMS claims and defending the specialty.”

THIRD QUARTER 2017 Vol. 28, No. 3 3

Defense of OMS Claims - It’s Complicated and EXPERIENCE COUNTS!continued from previous page

management team also utilizes experienced experts to provide defense testimony for your claim.

To support and strengthen our defense attorney’s ability to defend OMS claims, OMSNIC

convenes a national defense counsel seminar every two years in Chicago, IL. More than 100

attorneys are invited from across the country to learn from clinical-based presentations by

practicing OMS, claims professionals, and other defense attorneys. This meeting enhances

OMSNIC’s defense team’s ability to defend and manage OMS claims by staying abreast of clinical

and legal issues impacting the specialty. At this two day meeting, there is ample time to sidebar

with our attorney colleagues, OMSNIC Directors, and claim analysts, ultimately strengthening the

defense team’s collegial bond. Attendees undoubtedly leave with new ideas and strategies that

will assist them in defending future claims.

Each day at OMSNIC, our goal is to defend you, as aggressively and as best we can. We aim to

keep you apprised of changes in laws and rules that may directly affect your ability to continue

practicing your specialty. OMSNIC has been, and will continue to be the best at defending the

specialty. We will continue demonstrating that to you, not by our words, but through our actions.

Continue to the next article, written by Matt Nielsen, Vice President of Claims, to learn more

about the actions currently underway in the Claims Department to enhance the defense of our

insureds.

Board Message

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OMSNIC Annual Report 2016 Trusting the Team

Featuring an interview with Heath H. Evans, DDS,

oral and maxillofacial surgeon in Tulsa, Oklahoma,

and the year’s highlights in financial performance,

patient safety and risk management, resident

resources and more.

The OMSNIC Annual Report 2016 is available on

omsnic.com.

Board Message

THIRD QUARTER 2017 Vol. 28, No. 3 4

Defending the Specialty Through InnovationMatthew Nielsen, JD - OMSNIC Vice President of Claims

Your Claims Department - Deploying Novel Resources to Defend You

A shrewd writer poignantly observed “the more you know, the more you see.”1 At OMSNIC,

our Claims Department “sees” more than anyone else when it comes to your claim because we

know more about OMS claims than any other organization. The numbers are indisputable. In

addition to metrics cited by Dr. Swift, last year alone, the OMSNIC Claims Department opened

over 780 new OMS matters, including a host of complex malpractice lawsuits which were filed in

courtrooms across the US. Each matter was unique and therefore added to OMSNIC’s collective

wisdom, allowing the lessons garnered from this wealth of claims experience to be applied to

every new dispute brought to our attention.

Claims Management Grounded in Experience

While OMSNIC’s claims managing experience with OMS matters is superior to any other company,

it is only one of the many advantages we bring to the defense of your matter. Our Claims

Department analysts are specialists in OMS claims. Each is firmly grounded in the fundamentals

surrounding OMS anatomy, practice and procedures. They possess an average of seventeen years’

experience handling professional liability disputes, many have law degrees, and all are well-versed

in the latest legal and jurisdictional challenges in the states where they handle claims.

Unlike adjusters in traditional MPL insurance companies, who handle multiple medical specialties,

our analysts are dedicated to managing only OMS and dental claims. They are compassionate,

smart and hard-working, and we invest in them. They are well-trained, and each one has

been closely mentored by our Claim Managers in the art of working alongside an OMS in the

day-to-day management of a claim. Our people abide by a service credo that requires active

listening, empathic communication, responsiveness and accountability in every interaction with a

policyholder.

OMS-Specific Education for Defense Counsel

As Dr. Swift mentioned in his article, every two years the Claims Department hosts a Defense

Counsel Seminar (DCS) in Chicago to teach our lawyers about the latest trends, problems and

medical issues facing the OMS profession. Our preparation for the DCS is extensive. We invest

countless hours in the methodical review of data from claim files, Claims Committee Meetings,

Large Loss Meetings, trial transcripts and closed file reviews to ensure that the appropriate topics

are addressed. Our speakers are an assemblage of thought-leading OMS, skilled lawyers and

relevant litigation professionals, all of whom are firmly dedicated to defending the specialty. At

the 2016 DCS, our esteemed panelists provided in-depth modules addressing the most prevalent

medical issues confronting the OMS in the claims world, including: infection issues, nerve injury,

anesthesia and oral cancer challenges. These topics represent some of the most frequent and

severe claim types managed by the Company. Our speakers also presented on informed consent,

post-nerve injury microsurgery, trigeminal neuralgia and the reptile theory (one of the latest

litigation strategies confronting OMS in the courtroom). These topics represent “aggravating

factors” impacting lawsuits against OMS throughout the country. This fall, we will begin the

same systematic and disciplined process to identify the most appropriate topics for the 2018 DCS.

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Feature Article

Board Message

THIRD QUARTER 2017 Vol. 28, No. 3 5

Defending the Specialty Through Innovation continued from previous page

Evidence Based Claims Management

The Claims Department has implemented several initiatives aimed toward enhancing the

management and defense of OMS claims.

1. Closed-file forensic reviews of prior trials in order to understand the methods, players,

evidence and theories employed by the plaintiffs’ bar in certain types of cases. Our ultimate

goal is to identify any successful trends in the maneuvers used by our opponents so that we

can share this information with defense counsel.

2. Enhance interdepartmental collaboration among the claims staff to make certain we are

sharing our collective wealth of experience and knowledge in the defense of your claim. This

information is also shared with our panel counsel to ensure a coordinated defense effort.

3. Utilize the vast claims data developed through OMSNIC’s unparalleled experience with OMS

matters to assist with our claims. Our objective is to employ quantifiable data in the defense

of your claim.

Collaboration to Improve Patient Safety

OMSNIC’s Claims Department collaborates with others to improve the quality of patient care.

For instance, the Claims Department periodically joins forces with the Patient Safety and Risk

Management department (PSRM) to assist with furnishing claims information aimed at finding

trends that might signal educational opportunities

for our policyholders. In addition, members of

the PSRM attend Claims Committee meetings

to hear the in-depth medical analysis in order to

uncover potential patient safety trends. Likewise,

members of the Claims Department assist PSRM

with risk management calls, providing the claims staff with an additional perspective on the issues

facing our OMS policyholders. The close partnership between the PSRM department and Claims

department exemplifies what sets OMSNIC apart from any other MPL company handling OMS

claims.

Constant Innovation, Never Satisfied

Your Claims Department is not sedentary, and it is never satisfied. We believe in constant

innovation to provide incremental improvement in everything we do. From the Company’s claims

staff to our defense counsel, everyone has embraced these improvements in order to Defend the

Specialty.

______________________________1Huxley, Aldous (1942). The Art of Seeing.

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Feature Article

”The close partnership between the PSRM department and Claims department exemplifies what sets OMSNIC apart from any other MPL company handling OMS claims.”

THIRD QUARTER 2017 Vol. 28, No. 3 6

Do I Really Need to Worry About Cybersecurity?Robert F. Guyette, MD, DMD - OMSNIC Board Member

January 24th, 2014, started as just another busy Friday morning of office surgery. At 7:30 am,

one of my experienced employees in the Billing Department received a legitimate looking email

from what she thought was our payroll company with “Failure in Payroll” in the subject line. Even

though payroll was not her responsibility, it caught her attention as everyone was expecting an

automatic payroll deposit that day. To satisfy her curiosity, she opened the attachment but nothing

happened…or so she thought...

The billing employee then forwarded the email to another senior front desk employee who also

tried to open the attachment. Several hours later, the second employee noted that her PC was not

running smoothly and she could not open certain documents. At 2:30 pm, her computer screen

froze and a flashing red “Ransomware Alert” appeared claiming the files had been encrypted and

that a ransom must be paid. Per protocol, she contacted our IT support representative who was not

immediately able to remote connect to the server and instructed her to shut down her workstation

until it could be “sanitized”. It was initially not recognized that the ransomware virus was a result

of opening the infected email earlier that morning and the virus had been running undetected

for over seven hours. It was not until later that evening, when our normal backups ran, that a

glitch caused the second backup to stop, and thus the virus to halt its penetration. It was from this

relatively unaffected backup that we were able to recover most of our files.

By early the following week, the extent of the attack became clear. Over 3,000 files were infected

and of which, 1,078 files were not fully restorable. Fortunately, there was no breach of the firewall

and no outside party was able to access, retrieve or view data maintained on the server. A police

report was filed and OMSNIC was called. OMSNIC

connected us to the appropriate representative with

our cyber liability carrier, NAS. The representatives from

NAS were extremely helpful and competent in working

alongside our internal IT team and referring us to local

counsel who specialize in cyber liability. This cyber

incident consumed a significant amount of my time and hundreds of staff hours to reconstruct and

restore patient files. Full resolution spanned over a year from the date our billing employee opened

the email attachment. In spite of all our effort, I consider myself lucky. The situation could have

been much worse.

Lessons Learned

It has now been three and a half years since the ransomware virus known as “CryptoLocker”

attacked our office and much has changed regarding the increased global cyber threat. The

frequency and the virulence of ransomware attacks have risen dramatically. Laws on what

constitutes a “Data Breach” are firmer and penalties for lack of preparedness and diligence are

stricter too. And doctor’s offices are being targeted more than ever as cyber criminals recognize the

high value of patient medical records.

Patient Management

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OMS Testimonial

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”At 2:30 pm, her computer screen froze and a flashing red “Ransomware Alert” appeared claiming the files had been encrypted and that a ransom must be paid.”

THIRD QUARTER 2017 Vol. 28, No. 3 7

Do I Really Need to Worry About Cybersecurity?continued from previous page

When it comes to ransomware, preventing the attack is infinitely better than trying to cure it.

Some basic tips that everyone should know include:

• Consult with an IT company to ensure appropriate security measures are in place.

• Email is the main infection channel. Be wary of invoice or delivery notices and don’t blindly

click on links or open attachments. Also, closely examine the email address of the sender to

ensure that it is legitimate.

• Infection can also come from compromised websites so stick to reputable sites when web

browsing.

• Back up your files. Even if you are attacked by ransomware, a clean backup can help you

recover from the attack quickly.

• Should you pay the ransom? Most experts say “No”, provided payment doesn’t guarantee

that you get your files back or that the perpetrator is “Out” of your system. The NAS

representative will assist you with this decision.

For more tips on responding to ransom ware, see page 8.

In today’s world, even when utilizing best information security practices, we are all at an

increased risk of experiencing a data breach, which exposes our internal networks and protected

and confidential information. Such breaches can result in HIPAA violations that require extensive

and expensive action be taken on our part to mitigate damages of the loss of Protected Health

Information (PHI). In response to this threat, OMSNIC has expanded its Cyber insurance coverage

to $100,000 for every policyholder through NAS. On the OMSNIC website, you can access a

wealth of information on how to help secure your practice and prevent you from becoming a

victim of ransomware or other cyber threats.

This issue is not going away. Everyone would be well advised to do all that we can to prevent

an attack from occurring and if one does happen, have a team and plan ready to respond.

Maintaining sufficient cyber liability coverage should be part of that plan.

Patient Management

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OMS Testimonial

OMSNIC helps OMS protect their practices against cyber-crimes through Data Defense

Coverage and Proactive Risk Management Resources. Data Defense Resources are

available on omsnic.com.

To Access:

1. Log in to omsnic.com.

2. Click on Data Defense on the left.

3. Visit the OMS Data Defense Risk Management

Resource Center.

Cyber Security Resources

THIRD QUARTER 2017 Vol. 28, No. 3 8

Ransomware Tips

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In the event of a ransomware attack…

1. Disconnect the computer from the network.

2. Disable all shared drives.

3. Alert the rest of your users.

4. Contact your IT company.

5. Report the matter to your insurance agent.

Next, ask yourself the following questions to assess the damage…

1. Are there backups for the affected machines?

2. How often were backups running?

3. Were measures taken to ensure that backups were separated from local machines to reduce

the risk of them getting encrypted as well?

If restoring isn’t an option, things to consider when contemplating paying a ransom…

1. Had you conducted any kind of assessment to determine the value of your data prior to the

attack?

2. Can you calculate the value of the data that was lost so you can weigh that against the

ransom demand?

3. Can you quickly calculate the cost of any downtime associated with the attack?

By running through a mock scenario and answering these questions ahead of time, you will be

much more prepared to make the tough call of whether to pay or not.

• If you have experienced a ransomware attack:

https://www.fbi.gov/contact-us/field-offices

https://www.ic3.gov/default.aspx

• Security training tips for employees:

https://www.hhs.gov/ocio/securityprivacy/awarenesstraining/awarenesstraining.html

• Comprehensive view on privacy & security in healthcare:

https://www.healthit.gov/providers-professionals/ehr-privacy-security/resources

Ransomware: We’ve Been Attacked! Now What?

Act:

Assess:

Analyze:

Additional Resources

THIRD QUARTER 2017 Vol. 28, No. 3 9

Litigation Stress: Tips and ResourcesOMSNIC Patient Safety and Risk Management Team

Closed Claim Summary

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Litigation Resources

What Can You Do To Cope with the Stress of Litigation?

First, take comfort that OMSNIC has a strong, specialized Claims Defense and Claims Committee

comprised entirely of OMS who understand complex treatment decisions.

• Engage in activities that you enjoy or outside of your normal practice to keep you from

dwelling on the stress of litigation.

• Ask your OMSNIC Claims Professionals questions in an effort to learn more about your case

and about medical malpractice in general.

• Talk with your family members or friends as this can be therapeutic for some doctors.

• Also, do not feel ashamed if you are angry, resentful or experiencing guilt. If you feel these

emotions, you are encouraged to seek additional support.

The Physician Litigation Stress Resource Center

The Physician Litigation Stress Resource Center at http://www.physicianlitigationstress.org/

was designed for healthcare practitioners involved in medical malpractice litigation and offers

valuable resources to assist you in managing the stressors associated with the claim or litigation

experience.

Email Your Referrals the DDS Guardian

Fortress Insurance Company, OMSNIC’s wholly owned subsidiary, shares

risk management guidance and educational information with Fortress

insured dentists through the DDS Guardian. Subscribe today to receive

the digital issue of the DDS Guardian. You can use the link provided in

the email to download the PDF issue, and then send it as an attachment

to your referrals free of charge. With your complimentary subscription,

you will receive an email each time the DDS Guardian is published

(January, April, July, and October).

Click here to subscribe to the Digital DDS Guardian Referral Program.

We all live in an uncertain world where risks are not always measurable or avoidable. Just as you

have professional liability insurance through OMSNIC to protect your business and professional

interests, personal risks can be mitigated through personal excess or umbrella coverage. Increased

personal liability limits (e.g. personal auto, homeowners, watercraft, etc.) can provide you with a

much needed safety net in the event of a serious incident and claim. The Chubb Group Personal

Excess (Umbrella) program provides OMSNIC policyholders with $1,000,000 of coverage at no

additional premium charge to address this exposure.

Now, if you are fairly new to practice, you may be

saying to yourself, “My personal assets are low and

I have little to protect.” While that may be the case

now, it is important to understand that your current

financial position will change and that will not cap

your liability. In fact, a judge can decide to garnish

your future wages to pay for damages, absent adequate personal liability insurance.

Below is a chart of umbrella claim types and frequencies as experienced by your OMS peers in

the program. Over half of umbrella policy claims are related to personal auto use. Based on these

numbers, it should be evident that additional coverage is not only necessary, but may be crucial

for the OMS’s financial future.

THIRD QUARTER 2017 Vol. 28, No. 3 10

OMSNIC Group Personal Excess (“Umbrella”) CoverageJack Kohlenstein - President/CEO of JLK Insurance Group

Umbrella Coverage

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The OMSNIC Group Personal Excess Umbrella Coverage Policy, offered through Chubb, includes

coverage for uninsured and underinsured motorist (UM/UIM), a coverage most umbrella policies

do not provide. For example, the UM/UIM policy provides coverage if you or a family member

are injured by another driver with little or no insurance, whether in your car, walking down the

street, or riding a bike.

continued next page

”The Chubb Group Personal Excess (Umbrella) program provides OMSNIC policyholders with $1,000,000 of coverage at no additional premium charge to address this exposure. ”

Benefits of OMSNIC Group Personal Excess Program

Since its inception in 2011, several enhancements have been made to the OMSNIC Group

Personal Umbrella Program through Chubb:

• 2013 - $25,000 coverage for condo loss assessment

• 2015 – Ability to purchase limits excess of $25,000,000 liability with one page underwriting form

• 2016 – New online platform to view policy information and make payments

• 2016 – Account auto draft offers peace of mind knowing your premiums will be paid on time

• 2017 – (Available in October) Access to policy documents including electronic certificates and

policies through the online portal

All OMSNIC policyholders enjoy access to these new benefits with the $1,000,000 of Chubb

excess liability and UM/UIM coverage that’s included with the OMSNIC policy. This value-added

protection also features no individual underwriting on excess liability limits up to $25,000,000,

UM/UIM protection up to $5,000,000, worldwide coverage, kidnap and ransom coverage

(increasingly important as world travel and study abroad programs become more common), loss

of earnings, shadow defense, reputational injury, identity theft, unlimited defense, and more.

How Much Coverage Do I Need?

When deciding on a limit that is right for you, it is important to take into consideration the

amount of liability you or a family member may be exposed to. Below is an illustration of

umbrella claims that will give you an idea of some of the events that can occur. (Note that the

claims listed below are NOT claims from the OMSNIC Group Personal Excess Program through

Chubb).

THIRD QUARTER 2017 Vol. 28, No. 3 11

OMSNIC Group Personal Excess (“Umbrella”) Coveragecontinued from previous page

Umbrella Coverage

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PERSONAL LIABILITY

Man is attacked by neighbor’s dog. The man received multiple lacerations to both legs and lower back.

$7,700,000

UNDERINSURED MOTORIST

While traversing a crosswalk a woman was struck by an oncoming vehicle resulting in brain injury and damage to one leg.

$20,200,000

AUTOMOBILE Insured’s children involved in DUI accident. Severe injuries sustained to injured party.

$47,500,000

Duplicate Coverage Considerations

It is important to understand that any limit you choose does not “stack” on any current umbrella

policy you may have. For example, if you currently have $1,000,000 of umbrella coverage

through ABC Insurance and $1,000,000 through the OMSNIC Group Personal Excess Program

your total limit of insurance is still only $1,000,000. The separate policies simply share any

payout up to $1,000,000 when there are two policies. The best way to increase your coverage is

by purchasing increased limits through the OMSNIC Group Personal Excess Program. Since any

other umbrella policy becomes extraneous, it is best to cancel it and save the cost.

For coverage details or questions regarding the program please contact the program

administrators at My Group Excess Insurance: 1-855-694-7739 or [email protected]

OMS National Insurance Company, RRG6133 North River Road, Suite 650 Rosemont, IL 60018-5173800-522-6670 www.omsnic.com

OMS Guardian Editor: Patricia A. Pigoni

The OMS Guardian is published by OMS National Insurance Company,Risk Retention Group to provide insureds with up-to-date informationon issues exclusive to the OMS. The OMS Guardian is dedicated tothe education and scholarship of the OMS community. It is meantto provide you with information regarding risk management topics. OMSNIC makes no representations or warranties, expressed or implied, as to the quality, accuracy, or completeness of information provided herein. Because federal, state and local law varies by location and situation and changes over time, nothing in this publication is intended to serve as legal advice or to establish any standard of care. Legal advice, if desired, should be sought from competent counsel in your state. This publication is not intended as a modification of the terms, conditions or coverage of your OMS Guard © Professional Liability Insurance Policy. Please refer to your OMS Guard © Professional Liability Insurance Policy for the specific terms, conditions and coverage. Copyright ©2016 OMS National Insurance Company, Risk Retention Group

OMSNIC Board of Directors

James Q. Swift, DDS Chair

Robert F. Guyette, DMD, MDTreasurer

Dr. Colin Bell, DDS, MSD

Dr. Nicholas Bournias, DDS

Michael J. Stronczek, DDS, MS

Anthony M. Spina, DDS, MD

William Passolt, CPAPresident & CEO

Patricia Pigoni Sr.Vice President and COO

Katherine A. Ehmann, CPASr. Vice President and CFO

THIRD QUARTER 2017 Vol. 28, No. 3 12

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Annual Meeting: Events

OMSNIC Events at the 99th AAOMS Annual MeetingSan Francisco, CA

San Francisco Marriott Marquis

Golden Gate A & B

8:00am - Noon

OMS Risk Management SeminarWEDNESDAY

10/11

Earn 4 CE credits, and policyholders earn a 5% Premium Credit for three policy periods!

Patient Safety and Risk Management for the OMS

Topics include nerve injury, communication, infection and failure to diagnose, medication management,

documentation, emergency preparedness, and the informed consent process.

RegisterDeadline: September 29, 2017Complimentary Registration

Staff are encouraged to attend.

THURSDAY

10/12Annual Meeting of Shareholders

1:30pm - 2:30pm

San Francisco Marriott Marquis

Room: Pacific J

OMSNIC Shareholders may vote on the formal business

presented at the meeting in person or via proxy. Proxy packets

will be mailed by August 23, 2017, to all Shareholders of

record as of August 14, 2017.

continued next page

OMS National Insurance Company, RRG6133 North River Road, Suite 650 Rosemont, IL 60018-5173800-522-6670 www.omsnic.com

OMS Guardian Editor: Patricia A. Pigoni

The OMS Guardian is published by OMS National Insurance Company,Risk Retention Group to provide insureds with up-to-date informationon issues exclusive to the OMS. The OMS Guardian is dedicated tothe education and scholarship of the OMS community. It is meantto provide you with information regarding risk management topics. OMSNIC makes no representations or warranties, expressed or implied, as to the quality, accuracy, or completeness of information provided herein. Because federal, state and local law varies by location and situation and changes over time, nothing in this publication is intended to serve as legal advice or to establish any standard of care. Legal advice, if desired, should be sought from competent counsel in your state. This publication is not intended as a modification of the terms, conditions or coverage of your OMS Guard © Professional Liability Insurance Policy. Please refer to your OMS Guard © Professional Liability Insurance Policy for the specific terms, conditions and coverage. Copyright ©2016 OMS National Insurance Company, Risk Retention Group

OMSNIC Board of Directors

James Q. Swift, DDS Chair

Robert F. Guyette, DMD, MDTreasurer

Dr. Colin Bell, DDS, MSD

Dr. Nicholas Bournias, DDS

Michael J. Stronczek, DDS, MS

Anthony M. Spina, DDS, MD

William Passolt, CPAPresident & CEO

Patricia Pigoni Sr.Vice President and COO

Katherine A. Ehmann, CPASr. Vice President and CFO

THIRD QUARTER 2017 Vol. 28, No. 3 13

omsnic.com

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Annual Meeting: OMSNIC Booth Schedule

OMSNIC Agents at the OMSNIC BoothBooth #1716 in the Member Pavilion

THURSDAY

10/12

FRIDAY

10/13

Time Agent

1:00pm - 2:00pmDana Ramundt

The Dana Company

Tommy LaPorteHUB International

Carl GetmanIntegrated Insurance

Solutions

Troy LambArthur J. Gallagher

& Co.

2:00pm - 3:00pmRon, Barbara, John and David

BackerGracey-Backer

Andy BennettVan Zandt, Emrich & Cary

3:00pm - 4:00pmKyle and Terri Wallace

Wallace Specialty Insurance GroupJim Gentile

LaSalle Insurance Specialists

4:00pm - 5:00pmMonty Dise

Asset Protection Group

Time Agent

10:00am - 11:00amRandy Flem

Pacific Underwriters

Richard Small The Richard Small

Agency

Ted Elink-SchuurmanHMBD Insurance

Services

11:00am - 12:00pmBrenda Smith

Assurance PartnersBrandon StahlCollier Insurance

12:00pm - 2:00pmRegan Turner

Professional Financial SpecialistsJack and Doug Kohlenstein

JLK Insurance Group

2:00pm - 3:00pmTed Dyste

Dyste Williams AgencyBrenda Jewell-Swartz

Jewell Professional Insurance

3:00pm - 4:00pmTed Dyste

Dyste Williams Agency

4:00pm - 5:00pmTed Dyste

Dyste Williams Agency

SATURDAY

10/14

Time Agent

9:30am - 11:30amTed Dyste

Dyste Williams AgencyJack and Doug Kohlenstein

JLK Insurance Group

11:30am - 1:30pmBrenda Jewell-Swartz

Jewell Professional Insurance

Please stop by Booth #1716, located in The Member Pavilion at the Moscone Convention Center South,

to speak with an OMSNIC agent. OMSNIC staff will also be available throughout the week. This is a good

opportunity to get answers to any professional liability questions you may have.

continued from previous page

OMS National Insurance Company, RRG6133 North River Road, Suite 650 Rosemont, IL 60018-5173800-522-6670 www.omsnic.com

OMS Guardian Editor: Patricia A. Pigoni

The OMS Guardian is published by OMS National Insurance Company,Risk Retention Group to provide insureds with up-to-date informationon issues exclusive to the OMS. The OMS Guardian is dedicated tothe education and scholarship of the OMS community. It is meantto provide you with information regarding risk management topics. OMSNIC makes no representations or warranties, expressed or implied, as to the quality, accuracy, or completeness of information provided herein. Because federal, state and local law varies by location and situation and changes over time, nothing in this publication is intended to serve as legal advice or to establish any standard of care. Legal advice, if desired, should be sought from competent counsel in your state. This publication is not intended as a modification of the terms, conditions or coverage of your OMS Guard © Professional Liability Insurance Policy. Please refer to your OMS Guard © Professional Liability Insurance Policy for the specific terms, conditions and coverage. Copyright ©2016 OMS National Insurance Company, Risk Retention Group

OMSNIC Board of Directors

James Q. Swift, DDS Chair

Robert F. Guyette, DMD, MDTreasurer

Dr. Colin Bell, DDS, MSD

Dr. Nicholas Bournias, DDS

Michael J. Stronczek, DDS, MS

Anthony M. Spina, DDS, MD

William Passolt, CPAPresident & CEO

Patricia Pigoni Sr.Vice President and COO

Katherine A. Ehmann, CPASr. Vice President and CFO

THIRD QUARTER 2017 Vol. 28, No. 3 14

omsnic.com

< Table of Contents

Endorses OMSNIC

Risk Management Courses

OMSGuard Patient Safety and Risk Management EducationA wealth of complimentary education, training, and other custom resources are available.

Member policyholders and staff can take online courses or attend live seminars for CE credits and

premium discounts. Login to omsnic.com to access these resources.

Live SeminarsIn a collaborative learning environment, OMSNIC’s team of speakers integrates case examples

with nonclinical issues commonly seen in OMS claims. Check our online calendar for an

upcoming seminar in your area and registration information. Member policyholders who attend

a live seminar earn a renewable 5% risk management premium credit that is applicable for three

policy periods.

Can’t Attend a Live Seminar? RMC 413, available in the e-Learning Center, is a recorded

version of the live seminar. Complete RMC 413 to earn 4 CEs and the 5% premium credit.

e-Learning CenterThis is a robust risk management education library that provides OMS and staff with courses on

demand that are free of charge and designed to be completed at your own pace. The curriculum

covers patient safety and risk management as well as emerging issues. Content is written

and presented by OMS and legal and insurance experts well versed in oral and maxillofacial

procedures.

Get CE Credit: Earn CE credit upon successful completion of any e-Learning Center course.

OMS National Insurance Company, RRG (OMSNIC) is an ADA CERP Recognized Provider.ADA CERP is a service of the American Dental Association to assist dental professionals in identifying quality providers of continuing dental education.

ADA CERP does not approve or endorse individual courses or instructors, nor does it imply acceptance of credit hours by boards of dentistry. Concerns or

complaints about a CE provider may be directed to the provider or to ADA CERP at www.ada.org/cerp.

The OMS Guardian is published by OMS National Insurance Company, Risk Retention Group to provide insureds with up-to-date information on issues exclusive to the OMS. The OMS Guardian is dedicated to the education and scholarship of the OMS community. It is meant to provide you with information regarding risk mangement topics. OMSNIC makes no representations or warranties, expressed or implied, as to the quality, accuracy, or completeness of information provided herein. Because federal, state and local law varies by location and situation and changes over time, nothing in this publication is intended to serve as legal advice or to establish any standard of care. Legal advice, if desired, should be sought from competent counsel in your state. This publication is not intended as a modification of the terms, conditions or coverage of your OMSGuard® Professional Liability Insurance Policy. Please refer to your OMSGuard Profess iona l Liability Insurance Policy for the specific terms, conditions and coverage. Copyright ©2017 OMS National Insurance Company, Risk Retention Group.