Biography

Fred Allen Smith, III, represents healthcare entities, corporations partnerships and professionals in a wide variety of matters such as healthcare disputes, medical device claims, medical negligence, professional liability, class actions and products liability. Mr. Smith also counsels various clients on insurance coverage disputes, including contract interpretation issues, environmental losses, reinsurance, professional liability and bad faith law.

Memberships & Honors

Mr. Smith is a member of the American Bar Association, the Chicago Bar Association, the Illinois Appellate Lawyers Association, the Defense Research Institute, Inc., the Illinois Association of Defense Trial Counsel and the Illinois Association of Healthcare Attorneys. He is vice chair of the American Bar Association Health Law Section’s Managed Care & Insurance Interest Group.

From 1974 to 1979, Mr. Smith was Director of the Department of Respiratory Therapy at the University of Chicago Hospitals & Clinics and was involved in risk management associated with that allied health field. He is a Registered Respiratory Therapist.

Presentations & Publications

Mr. Smith has published articles on a variety of topics, including healthcare, insurance coverage and environmental issues.  In addition, he frequently lectures at private and professional seminar programs on various issues related to insurance and reinsurance contract disputes. 

• Coauthor, “Products Liability” Illinois Practice Series, The Law of Medical Practice in Illinois, Third Edition 2007, 2008-2009, 2009-2010, 2010-2011 Supplements
• Coauthor,"Data Breaches: Rights and Responsibility," Sedgwick's Healthcare Law Newsletter, (Winter 2011).
• Speaker, “Medicare Reporting: MMSEA Update,” presented at Chicago Bar Association's YLS Health and Hospital Law Committee Seminar (January 27, 2011).
• Panelist, “Coverage Missing or Uncovered: Risk Management and Coverage for Business Torts and Other Exotic Claims,” ABA CLE Teleconference (November 9, 2010).
• Speaker, “MMSEA Update: What is New, When is it Due and How has MMSEA Affected Our MSP Exposure,” presented at Chicago Bar Association's YLS Insurance Coverage Committee Seminar (November 2, 2010).
• Coauthor, “Be Aware of Medicare, Medicaid and SCHIP Extension Act of 2007 Reporting Requirements,” Sedgwick’s Healthcare Law Newsletter (Fall 2010).
• Coauthor, "Recent Developments in Insurance Coverage Litigation," chapter in ABA’s Tort Trial & Insurance Practices Journal (2010 edition).
• Moderator, "What You Need to Know About Medicare Reporting," Sedgwick’s Chicago Seminar Series (May 27, 2010).
• Coauthor, "Healthcare Cost Wars: What's Happening While Reform Debate Continues," Sedgwick’s Healthcare Law Newsletter (Winter 2009/2010).
• Panelist, “All Sums v. Pro Rata: Everything You Always Wanted to Know About Allocation in Coverage Disputes,” Chicago Bar Association sponsored seminar (November 4, 2009).
• Moderator, “The Future of Managed Care Litigation in Illinois - Are We Ready?”, Illinois Association of Healthcare Attorneys (IAHA) 27th Annual Health Law Symposium (October 21, 2009).
• Coauthor, “Payment Disputes in the Healthcare Industry,” Sedgwick’s Healthcare Law Newsletter (Spring 2009).
• Coauthored (with members of Sedgwick’s Healthcare Practice Group), “State Law Challenges in Managed Care,” Chapter 4 of Managed Care Litigation, published by the Bureau of National Affairs, Inc. (May 2009).
• Panelist, “Managed Care Litigation – Same Song, Different Verse?”, American Bar Association Health Law Section Teleconference and Live Audio Webcast (December 10, 2008).
• Presenter, "Everything You Always Wanted to Know About Managed Care But Were Afraid to Ask," American Bar Association's Health Law Fundamentals Teleconference Series (June 2008).
• Presented, "Duty-to-Defend Dilemmas and Potential Conflicts of Interest," Sedgwick Insurance Coverage Seminar Issues and Trends in Extracontractual Coverage and Liability, Chicago, Illinois (June 2008).
• Authored, "Payor/Provider Arbitration – Be Careful What You Ask For," Sedgwick’s Healthcare Law Newsletter (Spring 2008).
• Presented "The New Interactions Between Payors & Providers: The Emerging Battlefield & Cost Efficiency Techniques," at the ABA Health Law Section’s 9th Annual Conference on Emerging Issues in Healthcare Law (February 2008).
• Presented "The Tripartite Relationship: Defense Counsel in the Middle," Understanding the Wide World of Insurance Law seminar, sponsored by the Chicago Bar Association's Insurance Law Committee and the Young Lawyers Section Insurance Coverage Committee (November 2007; also presented May 2007).
• Panelist, "All About Managed Care: The Basics and More for Counsel and Litigators," teleconference and live audio Webcast sponsored by the ABA's Health Law Section, Young Lawyers Division and Center for Continuing Legal Education (June 2007).
• Coauthored "Who's Liable When Private Data Is Improperly Disclosed?", Sedgwick's Healthcare Law Newsletter (Spring 2007).
• Coauthored "HIPAA Does Not Provide Right of Action in Privacy Violation Cases," Sedgwick's Healthcare Law Newsletter (Spring 2007).
• Coauthored "Is Arbitration at Risk? Ohio Supreme Court Precludes Arbitration of Provider Antitrust Lawsuit," Sedgwick's Healthcare Law Newsletter (Spring 2006).
• Coauthored "Ohio Supreme Court Precludes Arbitration of Provider Antitrust Lawsuit," ABA Health eSource (April 2006).
• Presented "Litigation Trends in Healthcare - Beyond the MDL" at client in-house seminar (March 2006).
• Panelist, "ERISA Litigation: Disputes Over State Regulatory Power of Health Plans," teleconference and live audio Webcast sponsored by the ABA Health Law Section and the ABA Center for Continuing Legal Education (February 2006).
• Coauthored "Illinois Appellate Court Finds No Duty for Sleep-Deprived Resident's After-Hours Auto Accident," Sedgwick's Healthcare Law Newsletter (Fall 2005).
• Coauthored "An Overview of FEHBA and the Power of Its Preemption," The Health Lawyer (October 2005).
• "State Law Challenges in Managed Care," Chapter 4 of "Managed Care Litigation," published by the Bureau of National Affairs, Inc. (coauthored with members of Sedgwick's Healthcare Practice Group) (September 2005).
• Authored "Obtaining Dismissals for Healthcare Entities in Illinois: A Statutory Approach," Sedgwick's Healthcare Law Newsletter (Summer 2005).
• Presented “Why Are Silent PPOs Making So Much Noise?”, Chubb Specialty’s Managed Care Seminar with cospeaker Michael H. Bernstein (Partner, Sedgwick – New York) (May 2005).
• Presented "Medical Liability: The New Legal Landscape" at the Professional Liability Underwriting Society's fifth annual Medical Professional Liability Symposium held in Chicago, Illinois (March 2005).
• Authored "Illinois Federal Court Declares 'Medical Malpractice' Action Preempted by FEHBA," Sedgwick's Healthcare Law Newsletter (Winter 2005).
• Authored "Creative D&O Settlements - Favorable for Insurers, Reinsurers, or Both?", Directions & Outlooks - Financial Lines Perspectives, a Benfield publication (Summer 2004).
• Presented "Creative D&O Settlements" at the annual Excess/Surplus Lines Claims Association Meeting held at General Reinsurance Corporation (May 2004).
• Presented "Emerging Issues - Attorney and Accountant Liability" at the Professional Liability Underwriting Society Midwest Chapter Seminar entitled State of the Reinsurance Marketplace and Emerging Issues, held in Chicago, Illinois (May 2002).
• Coauthored a chapter entitled "Extra-Contractual Damages" appearing in the Illinois Institute for Continuing Legal Education's Commercial and Professional Liability Insurance Practice Handbook (April 2002).
• Presented "Getting the Best Settlement Without Risking a Bad Faith Claim" at the Eighth National Conference of the American Conference Institute's Seminar entitled Advanced Forum on Litigating, Bad Faith and Punitive Damages, held in San Francisco, California (April 2002).
• Presented "Directors & Officers Liability from the Reinsurer's Perspective" at the Financial Institution Seminar held in London, England (October 2001).
• Presented "Walking the Settlement Minefield: Negotiating the Best Deal . . . Without Risking a Bad Faith Claim" at the American Conference Institute's Seminar entitled Advanced Forum on Bad Faith and Punitive Damages, held in San Francisco, California (March 2001).
• Coauthored with Zurich Re (North America) a booklet entitled BAD FAITH, a Fifty State Survey (October 1999).
• Authored an article entitled "Legislative Initiatives Affecting Managed Care Liability," published in Zurich-American Healthcare Managed Care Briefings (1998).
• Presented "Treaty and Ceding Company Policy Drafting Issues" at a Sedgwick reinsurance workshop for various reinsurance companies, entitled Multiple Year/Multiple Coverage Policies and Their Implications, held in Greenwich, Connecticut (November 1997).
• Spoke on various topics at a TIG Reinsurance Directors' & Officers' Liability Seminar, including: "EPL (Stand-Alone and by Endorsement/D&O v. Entity)"; "Entity/Predetermined Allocation Issues"; "Non-Profit D&O" and "The Impact of the Securities Reform Act of 1995 on Insureds, Insurers and Reinsurers" (June 1997).