Build a Solid Foundation for Your Insurance Litigation Practice
Insurance litigation procedures and challenges are as diverse as they are extensive. Do you have all the knowledge you need to effectively navigate the system? This engaging overview will walk you through the litigation process step-by-step and simplify some of the more confusing issues of coverage and settlement strategy. Register today!
- Learn to speak the language of the insurance world in the legal context and become more successful in negotiations.
- Explore the insurer's duties and insured's rights and protections and gain practical tips for pursuing compliance.
- Review sample policy language and learn to spot red flags.
- Discover the most common disputes arising over triggers of coverage and hear how seasoned attorneys handle such challenges.
- Get detailed instruction on what to include in your initial filing for a strong case opener.
- Find out when a dispositive motion has the best chance of success.
- Learn what motions and pleadings will propel your case forward and get sample language to make their drafting easier and more effective.
- Find out what major considerations come up in arguing “ambiguity in policy” and “actual controversy” and how to effectively counter them.
- Prepare for your day in court – understand the peculiarities of the insurance coverage trial and improve your courtroom performance.
- Delve into the complex challenges of conflicts of interest and get actionable strategies for protecting your professional reputation.
- INSURANCE COVERAGE CONTRACT LANGUAGE 101
9:00 - 9:45, Written by W. Gray Dunlap Jr. Presented by W. Gray Dunlap Jr. in Orlando, Tampa and Fort Myers.
- Common Terms, Coverage Limits and Exclusions
- Spotting Red Flags – Clauses to Look out For
- Insurer's Duty to Defend
- Insurer's Duty to Indemnify
- Triggers of Coverage
- Insured's Rights and Protections – Standard Policy Provisions
- Insurer's Rights
- Insurance Coverage Case Law Update
- CASE EVALUATION AND PRE-LITIGATION STEPS
9:45 - 10:30, Written by Gary S. Weisman. Presented by Gary S. Weisman in Orlando, Tampa and Fort Myers.
- Case Intake and Informal Investigation Tactics
- Finding Sources and Limits of Coverage
- Negotiating the Claim With the Claimant/Insurance Company
- Tendering a Claim for Defense
- Insurance Company Claim Investigation
- Denial of Coverage and its Potential Consequences for Both Sides
- INITIAL PLEADINGS/MOTIONS – FILING THE SUIT
10:45 - 11:30, Written by W. Gray Dunlap Jr. Presented by W. Gray Dunlap Jr. in Orlando, Tampa and Fort Myers.
- Venue, Jurisdiction and Choice of Law
- What to Include With Your Initial Filing
- Actions for Declaratory Relief
- Filing a Dispositive Motion (Summary Judgment or Dismissal)
- DISCOVERY OF THE INSURANCE CASE – QUANTIFYING DAMAGES/LOSS
11:30 - 12:15, Written by Cynthia Dennen. Presented by Cynthia Dennen in Orlando and Tampa and Russel Lazega in Fort Myers.
- Statutory Standards
- Obtaining Records – What, Where and How
- Preservation and Spoliation of Evidence
- Witnesses – Lay and Expert
- Insurer's Right to the Documents of the Case in Which its Insured is the Defendant
- Using Experts to Calculate Past and Future Losses
- Punitive Damages
- Proving the Presence or Absence of Bad Faith
- SETTLEMENT STRATEGIES
1:15 - 2:15, Written by Cynthia Dennen. Presented by Cynthia Dennen in Orlando and Tampa and Russel Lazega in Fort Myers.
- Mandatory Mediation/Arbitration and Weighing the Pros and Cons of Optional Arbitration/Mediation
- Settlement vs. Mediation Tactics
- Effective Motion Strategies
- Arguing “Actual Controversy”
- Arguing “Ambiguity in Policy”
- Settlement Conference Tactics
- Subrogation of Recoveries to Medical and Third-Party Liens
- TAKING YOUR INSURANCE CLAIM TO TRIAL AND FURTHER
2:30 - 3:30, Written by Cynthia Dennen. Presented by Cynthia Dennen in Orlando and Tampa and Russel Lazega in Fort Myers.
- Jury Selection
- Effective Opening Statements
- Testimony – Whom to Choose for Your Side and How to Handle the Cross-Examination
- Introducing Evidence and Expert Reports
- Objections – Substance, Timing, Phrasing
- ETHICAL CONSIDERATIONS
3:30 - 4:30, Written by Gary S. Weisman. Presented by Gary S. Weisman in Orlando, Tampa and Fort Myers.
- Conflicts of Interest
- Representing Adverse Interests
- Loyalty to a Client vs. Conflicts of Interest That Arise After Engagement Agreement's Signed
- Consultation and Consent
- Ethical Traps in Representing the Insured at the Insurer's Expense
- Conflicts of Interest With Former Clients – Defining “Substantially Related” Matters
- Principles of Imputed Disqualification
- Conflicts Arising From Witness Contacts
- Resolving Conflicts of Interest
- Ethical Traps When Lawyers Change Firms
- When a Lawyer May Testify (The Dangers of Combining the Roles of Advocate and Witness)
- Communicating With Unrepresented Interested Parties
- Attorneys' Fees