Advanced Subrogation Tactics for Experienced Practitioners
Subrogation spans so many diverse legal specialties that it seems near impossible to cover all the relevant issues in one day. That's why we've dispatched with the basics and will focus directly on practical answers to difficult questions. This legal course offers sophisticated strategies for resolving the most complex and contentious issues of subrogation. Whether you represent the policyholder, employer, insurance company or the liable party, you will find this interdisciplinary approach useful. Take your knowledge of this complex area of insurance law to the next level of mastery - enroll today!
- Get solutions to the most complex questions of auto, health and ERISA subrogation.
- Review sample subrogation clauses from different policies and analyze them for weaknesses and loopholes.
- Clearly distinguish the rights of reimbursement from subrogation rights.
- Get tips for handling auto insurance subrogation cases dealing with insufficient limits and UM/UIM coverage.
- Explore the limits, exclusions, waivers and other subrogation defenses in detail.
- Review the ethical dilemmas presented by this practice and get guidance in maintaining an impeccable reputation and preventing malpractice.
- Clarify how ERISA and health insurance subrogation claims interact.
Key Interdisciplinary Considerations
9:00 - 10:00, Sarah E. Lovequist
- Subrogation vs. Other Rights Giving Effect to the Indemnity Principle
- Statutory vs. Contractual Subrogation Rights
- The Power and Pitfalls of Subrogation Language in Different Policies
- The Insured's Duty to Protect the Insurer's Position
- Limitations of Subrogation
Auto Insurance Subrogation
10:00 - 11:15, Daran P. Kiefer
- Evidence in Hard-to-Find Places
- Injury and Vehicle Damage Assessment
- Proving Damages
- Insufficient Limits Case Study
- Subrogation of Medical Coverage Payments
- Understanding Inter-Company Arbitration
- Special Considerations in UM/UIM Coverage
- Advanced Settlement Negotiations
Health Care and ERISA Plan Subrogation
11:30 - 12:45, Daran P. Kiefer
- Has the Insured Been Made Whole?
- Does Made Whole still Apply?
- What about Personal Liability for the Injury Attorney?
- Private Health Plan
- Medicare, Medicaid and Other Government Plans - Ahlborn and Beyond
- Self-Funded ERISA Plans: The Enforceability of the Subrogation Clause
- Attorneys' Fees Payment Outside of Recovery
- Claim Investigation
- Negotiating the Subrogation Claim
- The Role of Subrogation Recovery Specialists
- The Implications of the Health Care Reform of 2010
Subrogation Defenses and Remedies
1:45 - 3:15, Lawrence D. Pollack
- Factual vs. Legal Defenses
- Comparative Fault
- Contractual Limitations, including Exclusion and Waiver Clauses
- Economic Loss Doctrine
- Real Party in Interest
- Challenges to Expert Witnesses/Daubert Motions
- Document retention issues
- Remedies (Recoverable Damages in Property Subrogation)
Maintaining an Ethical Practice
3:30 - 4:30, Sarah E. Lovequist
- Subrogation Recovery Under FDCPA
- Confidentiality Considerations
- Fraud or Misrepresentation to Other Parties Involved