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A Practical Guide to Insurance Coverage Mediation, Arbitration and Litigation

With complex policy language, claim file allegations and underwriter file discrepancies continually evolving court interpretations, coverage disputes in insurance policies are becoming more complex. And with the specter of bad faith hanging over every action, coverage attorneys need specialized knowledge to manage the issues at hand. Learn how to analyze the most litigated policies. Our experienced faculty will share their time-tested strategies for conducting discovery, filing a declaratory judgment action, and successfully settling coverage disputes. Register today!

  • Creatively apply case law to the insurer's duty to indemnify, defend and/or cooperate.
  • Dig deep into covered and non-covered allegations when examining the validity of the case.
  • Identify if the insurer's duty has been triggered by the complaint.
  • Examine and identify the number of occurrences.
  • Find out how ambiguous policy language is currently being interpreted by the courts.
  • Learn what exclusions you need to know and how to use them as evidence.
  • Get exhibit and presentation strategies for displaying the policy/coverage to show bad faith.
  • Analyze and interpret the voluntary payment clause.
  • Review effective preservation of coverage defenses.
  • Have the court resolve your coverage dispute quickly with a declaratory judgment action.

  1. Insurance Law Update, Trends and Recent Developments
    9:00 - 9:30, Kimberly S. DeShazo
  2. Creatively Framing Your Coverage Position
    9:30 - 10:15, Kimberly S. DeShazo
    1. Key Insured/Insurer Rights/Protections
    2. Duty of Good Faith, Defend and/or Indemnify
    3. Sample Coverage Denial and ROR Letter
    4. Case Intake of the Coverage Case - Advanced Screening
    5. Informal Investigation Strategies
    6. Delayed/Denied Payment: Negligence or Bad Faith
    7. Is the Insurer's Duty Triggered by the Complaint?
    8. Whose Coverage is Potentially Triggered?
    9. Court Definition of "Occurrence"
    10. Allegations of the Complaint
    11. Pleading Ambiguity or Bad Faith
  3. Digging Deep Into the Policy and Claim File: What Insurance Companies Don't Want You to Find
    10:30 - 11:15, Virginia Applebaum
    1. Insurance Contract Investigation
      1. Rules of Construction and Interpretation (Case Law)
      2. "Claims-Made"/"Occurrence"/"Self-Consuming"/"Burning Limits"
      3. Coverage Sources; Limits; Cancelation; Reinstatement Issues
      4. Did the Damages Occur Within the Policy Period?
      5. Number of Occurrences?
      6. "Four Corners," "Eight Corners," "Extrinsic Evidence"
      7. Using Extrinsic Evidence to Interpret Language
      8. Voluntary Payment Clause Clarification
    2. Claim File and Underwriting File
      1. Addressing HEARSAY Allegations
      2. Process/Procedures
      3. Denial/Approval of Claim
      4. Expert Assistance Available on Claims
    3. Discovery of Extra-Contractual Materials
  4. Bad Faith and Breach of Contract Litigation
    11:15 - 12:00, Virginia Applebaum
    1. Bifurcation of the Claims?
    2. Venue, Jurisdiction, Choice of Law, Timing
    3. Satisfying the Definition of "Suit"
    4. State Recognition of Bad Faith
    5. Examples of Real-Life Insurer Misconduct
    6. Creatively Employing Motions in Limine
    7. Recovery of Emotional Distress, Economic Loss
    8. Pursuing Punitive Damages
    9. Voir Dire of the Tort/Contract Case
    10. Displaying the Policy to Show Bad Faith
  5. How to Use Exclusions, Ambiguous Terms and Conditions as Evidence
    1:00 - 1:45, F. Inge Johnstone
    1. Key Parts of the Policy, Terms and Definitions
    2. Using Exclusions as Evidence
    3. Ambiguity in the Policy Terms
    4. Is the "Excluded Event" the Cause of a "Covered Event"?
    5. Exclusions That Preclude Coverage
    6. Exclusions Within Exclusions
  6. Strategies Used to Delay/Deny Claims
    1:45 - 2:30, Maridi Huggins
    1. Review of Assignment From the Adjuster
    2. Good Faith vs. Bad Faith Denial of Coverage
    3. Rules of Rescission/Contract Avoidance: What the Insurer Must Prove
    4. Preservation of Coverage Defenses: Case Law
    5. Sample ROR and Coverage Denial Letter
    6. Pre-Suit Investigation
    7. Using the Cooperation Clause
    8. Best Ways to Withhold Critical Parts of the Claims File
    9. Examination Under Oath Tactics
    10. Action for Declaratory Relief
    11. Tendering Policy Limits to Satisfy the Claim
  7. Negotiation Secrets Insurers Don't Want You to Know
    2:45 - 3:30, Maridi Huggins
    1. Proper Investigation of the Claim
    2. Proving Insurer's Conduct is Unreasonable/Reckless
    3. Resolving Conflicts with Adjuster
      1. "Reasonable Expectation of a Defense"
      2. "Ambiguity in Policy"
      3. "Actual Controversy"
    4. Negotiating Recoverable Damages
  8. Upholding Ethical Standards
    3:30 - 4:30, Daniel R. Pickett
    1. Loyalty to a Client vs. Conflicts of Interest
    2. Representing the Insured at the Insurer's Expense
    3. Principles of Imputed Disqualification
    4. Conflicts Arising From Witness Contacts

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