Training Course Syllabus:

Practical Legal Strategies for Resolving Individual Insurance Policyholder Disputes

Get a comprehensive overview of the key insurance law principles and strategies from seasoned attorneys in one day of engaging study. The morning session will begin with a detailed analysis of coverage review strategies, followed by the review of claim filing procedures and negotiation tactics. The afternoon session is dedicated to the most hotly contested subjects in insurance law: bad faith. Explore the specifics of insurance litigation involving individual policyholders and get time-tested strategies from experienced attorneys. If you're just entering insurance law practice or need a legal refresher, this course is for you. Register today!

• Get an overview of the common types of individual policies and causes of action you're likely to encounter and find out which are the most – and least – likely to succeed.
• Review sample policy language and hear experienced attorneys analyze what qualifies as “clear and unambiguous.”
• Explore the most common reasons a claim is denied and learn what remedies work best in contesting the decision.
• Find out how the courts have ruled on key subrogation and bad faith issues with the latest case law update.
• Clarify how standard rules of ethics and professionalism are translated and applied in everyday insurance law practice and uphold your stellar reputation.
• Learn to identify all extra-contractual liability causes of action in every specific case.
• Build stronger negotiating skills for direct communication with insurance carriers – and save money on costly litigation.
• Walk through the key steps of a bad faith action and gain practical tips for maximizing your chances of success.

MORNING SESSION – BASIC INSURANCE DISPUTE RULES AND PROCEDURES

1. TYPES OF COVERAGE AND POLICY LANGUAGE
   9:00 - 9:45, Gail Ann Y. Stargardter
   1. Types of Personal Insurance Coverage (Homeowners: Property and Liability and Auto: Liability, Personal Injury Protection; Underinsured Motorist Coverage and Property Coverage)
   2. Common Claims and Causes of Action
   3. Reviewing Policies to Determine Coverage and Prepare for Claim/Litigation
      1. Rules of Interpretation of Insurance Contracts
      2. Common Terms (Defining “Clear and Unambiguous”; Giving Words Their Plain and Ordinary Meaning; Ambiguities and Interpreting Intent)
      3. Researching Applicable Limits of Coverage
      4. Determining Who is Covered Under the Policy
      5. Determining Priority When Multiple Policies are Involved
      6. Triggers of Coverage
      7. Writing a Coverage Opinion
2. THE MECHANICS OF FILING THE CLAIM AND ITS PROCESSING BY THE INSURER
   9:45 - 10:30, William C. Smart
   1. Filing a Claim on Behalf of the Insured
      1. Notice of Loss
      2. Proof of Loss
      3. Timelines for Filing Actions
      4. Appraisal
   2. What Documents Should be Included
   3. The Rules of Claims Investigation and Administration
   4. Colossus and Other Software Used in Claims Processing
   5. Common Bases for Denial
3. NEGOTIATIONS AND SETTLEMENT TACTICS
   10:45 - 11:30, Gail Ann Y. Stargardter
   1. The Risks and Benefits of Mediation
   2. Tactics for Direct Insurer-Insured Negotiations to Prevent Litigation
   3. Maintaining the Record of Communications
   4. Pre-Litigation Considerations

AFTERNOON SESSION – BAD FAITH AND OTHER SOPHISTICATED INSURANCE LAW ISSUES

4. EXTRA-CONTRACTUAL LIABILITY AND BAD FAITH CLAIMS
   12:30 - 1:30, Heather L. Carr
   1. Bad Faith Causes of Action – Criteria for Determining Bad Faith
   2. Insurer's Duty to Investigate, Defend and Indemnify
   3. Insurer's Duty of Prompt Payment
   4. Choice of Venue
   5. Statutes of Limitations
   6. Standard of Proof
   7. Discovery
      1. Specific Documents to Obtain and Examine
      2. Preservation and Spoliation of Evidence
      3. Experts
   8. Strategic Motions and Pleadings
   9. Damages Determination
   10. Reverse Bad Faith and Other Defense Strategies
   11. Countering Abusive Litigation Tactics
   12. Bifurcation Issues
5. ETHICS
   1:30 - 2:30, Scott Bowen
   1. Who is the Client (Defending UM Actions)
   2. Multiple Representation (Conflict of Permissible)
   3. Lawyers From Different Firms Representing Plaintiff on Contingent Fee (Attorneys Fees)
   4. Practical Application of Rules of Professional Conduct
6. INSURANCE COVERAGE CASE LAW UPDATE
   2:45 - 3:30, Christopher L. Neal
7. MECHANICS OF BAD FAITH CAUSE OF ACTION AGAINST THIRD-PARTY CARRIER
   3:30 - 4:30, Patrick A. Trudell
   1. Two Common Bad Faith Causes of Action Against Third-Party Carrier
      1. Failure to Pay Policy Limits
      2. Improper Denial of Coverage
   2. Besel v. Viking Ins. Co, and Judgments Against Third-Party Carrier Exceeding Policy Limits
   3. Steps of Following Mandate of Besel
      1. Third-Party Judgment (Default Judgment of Stipulated Judgment)
      2. Motion for Entry of Stipulated Judgment
      3. Covenant Not to Execute and Assignment of Rights
      4. Motion for Reasonableness Determination of Covenant Judgment
      5. Complaint Against Third-Party Carrier

Seminar Summary:

Get an overview of the common types of individual policies and causes of action you're likely to encounter and find out which are the most – and least – likely to succeed. (see full course description)

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