Whether you are an attorney, in-house counsel, an agent, adjuster or other insurance company professional, you are expected to know and understand the current automobile insurance laws.
By attending this seminar, you will gain knowledge from those who handle the defense and plaintiff side of automobile accident cases.
Topics to be discussed include:
- Defending The Low Impact/Questionable Injury Case
- Litigating The Catastrophic Injury Case
- The Standard Auto Insurance Agreement
- Insurance Coverage And Bad Faith Litigation
- The Stowers Doctrine In 2004
- Automobile/Truck Accident Litigation
- Uninsured And Underinsured
9:00 a.m. - 10:15 a.m.
I. Defending The Low Impact/
Questionable Injury Case
A. Use Of And Challenges To Police Officers, Reconstructionists And Biomechanical Professionals
B. Medical And Damages Evidence, Including Affidavits, Counteraffidavits And The Effective Use Of These Tools
C. Ethical And Cost Considerations: Furnishing A Quality Defense Balanced Against Limited Policy Exposure
D. Securing And Defeating Awards For Intangible Damages (Pain And Suffering, Mental Anguish, Disfigurement) In Low Impact Cases
E. The Truck Driver's Admission Of 'Fault': Admissible Or Inadmissible As To The Corporate Defendant
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:45 a.m.
II. Litigating The Catastrophic Injury
A. The Injury
B. Necessary Damages Experts
C. Evaluating Damages
D. Actual Damages vs. Punitive Damages
E. Duties And Responsibilities Of Counsel
F. Liability Stipulations
G. Trial Considerations
H. Potential Practical Effect(s) Of Tort Reform (HB4)
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 2:00 p.m.
III. The Standard Auto Insurance
A. Standard Coverages – 'Auto Accidents,' 'Bodily Injury' And 'Property Damage'
B. Standard Exclusions (Excluded Driver, UM/UIM, PIP)
C. Are Exemplary Damages Covered In Light Of The Amendments To The Texas Civil Practice And Remedies Code?
D. The Duty To Defend, The Duty To Cooperate, The Duty To Indemnify And The Use Of Declaratory Judgment Actions To Determine The Foregoing
IV. Insurance Coverage And Bad
A. Duty Of Good Faith And Fair Dealings
B. Article 21.21 Of The Texas Insurance Code
C. Article 21.55
D. Declaratory Judgment Actions
E. Concurrent Causation
2:00 p.m. - 2:15 p.m.
2:15 p.m. - 3:20 p.m.
V. The Stowers Doctrine In 2004
A. Historical Overview
B. Court Engrafted Restrictions: 1990-2004 (Unconditional Release, Unconditional Demand For An Amount Within Limits)
C. Application In The Multi-Claimant Case
D. Stowers And The Minimum Limits Case
VI. Automobile/Truck Accident
B. DOT Regulations Interstate/Intrastate
C. Causes Of Action
3:20 p.m. - 4:30 p.m.
A. General Overview
B. Definition Of Uninsured/Underinsured Vehicle
C. Events Triggering Coverage
D. Calculation Of Underinsured Benefit
E. Offsets Against Recovery
F. Notice To Carrier Concerning Consent
G. Carrier's Obligation Concerning Consent
H. MVAIC Claims
I. Carrier Subrogation Rights
J. Stacking Of Coverage