Position Your Insurance Coverage Cases for Success
Ever wish you had opposing counsel's playbook during settlement negotiations? Then don't miss this opportunity to hear plaintiff and defense lawyers discuss their strategies and techniques – from the first letter to the carrier to the release of claims. Plus, gain valuable insights from a mediator and hear the latest on controversial discovery and judgment enforceability decisions. Register today!
- Hear both plaintiff and defense approaches to insurance settlement.
- Get sample forms, checklists and practical tips that you can use in your practice immediately.
- Know what insurance investigation evidence the courts consider discoverable and potentially admissible on motions for summary judgment.
- Gain firsthand insight into how insurance mediators think and what they expect from both sides to bring about a good result.
- Avoid derailing your settlement: know how to correctly handle subrogation and lien reimbursement issues.
- Find out what every letter needs to include if you are to bring to bear Section 155.
- Get practical tips for avoiding bad faith practices during the settlement process.
- Discover best practices for dealing with lowballing, stonewalling and other negotiation tactics.
- Are consent judgments enforceable? Appropriately advise your client on the circumstances, jurisdictions and ramifications of unenforceability.
- Uncover steps to insure an enforceable settlement and prevent post-conference misunderstandings.
- Prevent mediation mishaps by learning from common mistakes made by lawyers of all levels of experience and competence.
- Learn from the questions and concerns that your colleagues have for our experienced faculty.
A LOOK INTO THE MIND OF THE INSURANCE COMPANY
9:00 - 9:30, Michael D. Matteuzzi
- Claims Objective: Settlement and Payment
- Creating the Claims File
- The Investigation: What is Needed to Move a Claim Toward Resolution
- Attaching a Dollar Amount to the Claim
9:30 - 10:15, Michael E. McCausland
- The Scope of Discovery: Can the Insurer Claim Privilege?
- Covering all Your Bases When Requesting Documents
- E-Discovery Requirements for Insurance Companies
KEEPING AN EYE ON BAD FAITH RULES
10:30 - 11:15, Michael E. McCausland
- The Rules
- Insurer: Practical Tips for Avoiding Bad Faith
- Plaintiff: Guarding Against Undue Delay and Other “Unreasonable” Actions
SETTLEMENT NEGOTIATION TECHNIQUES
11:15 - 12:15, Michael D. Matteuzzi
- Laying out the Issues
- Pleading Into Coverage
- Damage Issues
- Commitment From the Insurer
- Reasonable Demands
- Time Limits
- Determining Damages
- Offers of Judgment – Pros and Cons, When to Make Them and How to Respond
- Powerful Negotiation Techniques and Effective Compromises
- How to Handle Lowballing, Stonewalling and Other Tactics
- Checklists for Preparing Settlement Packages
USING MEDIATION TO SETTLE CASES
1:15 - 2:15, William H. Sanders Jr.
- Gain insights from a mediator on the biggest mistakes lawyers make in mediation – from lack of preparation and flawed strategies to client surprises and problematic interaction with the mediator.
KEYS TO A SUCCESSFUL SETTLEMENT CONFERENCE
2:15 - 3:10, Chris Gaughan
- Preparation Checklist
- Tips for an Effective Opening Statement
- Questions to Anticipate
- Payment Terms to Solidify: Timing, Installments, Recipient, Attorney Fees, Tax Issues, Enforcement for Nonpayment, Structured Settlement
- Release of Claims: Breadth, One-Way vs. Mutual, Covenant Not to Sue
- Enforcement of the Settlement Agreement: Insuring the Court Retains Jurisdiction
- Memorializing the Settlement Details to Ensure Enforceability
- Sample Releases
3:25 - 3:40, Chris Gaughan
- The Impact of Medicare and Medicaid Liens on Settlement
- Workers' Compensation Liens
- Settlement of Liens
3:40 - 4:30, Chris Gaughan
- Continuing Negotiations With Adjuster After Lawsuit is Filed
- Defense Attorney Communicating With the Insured Directly
- Non-Lawyer Staff at Law Firm Handling Negotiations
- Insurance Defense Attorney Serving as an Arbitrator
- Representing Insured When Retained by Insurer
- Other Representation Conflicts