Handle UM/UIM Cases With Ease
As uninsured motorist (UM) and underinsured motorist (UIM) claims become increasingly common, changing laws are redefining and complicating your responsibility as an attorney or insurance professional. This intense, practical, fast-paced guide to UM/UIM legal practice will arm you with a thorough understanding of the latest laws and litigation strategies - so you can resolve even the most complex claims effectively. Navigate through the maze of uninsured/underinsured motorist law with ease and gain strategies for overcoming difficult litigation hurdles - register today!
- Meet the demands of UM/UIM claims from start to finish and gain a strategic edge over your opponent.
- Analyze the intricate details of coverage exclusions and exceptions, multiple policies and choice of law issues.
- Find out when uninsured coverage can and cannot stack.
- Learn about benefit-seeking claims against the UM/UIM insurer or against the Uninsured/Underinsured tortfeasor to bind the UM/UIM insurer.
- Gain direct and cross examination strategies for UM/UIM experts.
- Confidently use the best approaches to dispute resolution and discuss winning trial techniques.
- Learn how to maximize/minimize punitive damages in UM/UIM cases.
- Avoid jeopardizing your license with tips for dealing with claimant's request for fees and costs if they prevail.
- Get up to speed on the latest state-specific case law to find out how the courts are interpreting insurance statutes.
- DIFFICULT SCENARIOS OF INSURANCE COVERAGE INTERPRETATION
9:00 - 9:45, Wendelyn K. Walberg
- UM/UIM and PIP/AMP Policy Dissection
- Special Contract Provisions in UM/UIM Contracts
- Which Exceptions Apply?
- UM/UIM Exclusions
- Multiple Policies?
- Hit and Run Coverage
- Rental Vehicles
- Duplicative PIP/AMP and Workers' Compensation Benefits
- Choice of Law Issues
- Handling Conflicts of Law With Other States
- STACKING UM/UIM COVERAGE
9:45 - 10:30, Wendelyn K. Walberg
- Class I Insured vs. Person Occupying/Using the Covered Vehicle
- Anti-Stacking Contract Clauses ("Step-Down" Coverage Clause)
- When Can Uninsured Coverage Stack?
- Stacking PIP/AMP and UM/UIM Coverage
- Sources of Coverage
- Stacking Tortfeasor Policies
- Multiple Policyholders
- Stacking of Commercial and Personal Policies
- Excess Coverage
- Non-Stacking Coverage
- PROSECUTING AND DEFENDING UM/UIM CASES
10:45 - 11:30, Karl A. Chambers
- Settle or Sue? (Settlement with Uninsured/Underinsured Motorist Without Filing Suit? Settlement With UM/UIM Insurer Without Filing Suit? Suing the Insurer? Suing the Uninsured/Underinsured Motorist? Suing Both?)
- Consent to Settle and Consent to Sue
- Arbitration Clauses
- Benefit-Seeking Claims against the UM/UIM Insurer (or against the Uninsured/Underinsured Tortfeasor to Bind the UM/UIM Insurer).
- Coverage Issues as to UM/UIM Coverage
- Extra-Contractual Damage/Penalty/Attorney Fee Claims
- Satute of Limitations and Claims-Preclusion Concerns
- Bifurcating the Bad-Faith Case
- Collateral Source Issues.
- DISCOVERY, EVIDENCE AND EXPERTS
11:30 - 12:15, Gregory R. Giometti
- Responding to/Asserting Discovery Requests - Do's and Don'ts in UM/UIM Cases
- Investigation Strategies - Accident Reconstruction
- Key Evidence Needed
- The Use of UM/UIM Experts
- Direct and Cross Examination of UM/UIM Expert Witnesses Strategies - Raising Liability and Damages Issues
- Admissible and Inadmissible Evidence at Trial (Intoxication Tests, Etc.)
- Overcoming Common Discovery and Evidentiary Challenges in UM/UIM Cases
- SETTLEMENT AND TRIAL
1:15 - 2:00, Kenneth B. Pennywell
- Arbitration vs. Lawsuit - Strategies
- Issues That Arise in Arbitration
- Using Mediation to Your Advantage - Overcoming Challenges
- Negotiation Techniques of the Masters
- Critical Motions in a UM/UIM Case
- Overcoming Trial Challenges
- DAMAGES, OFFSETS AND LIENS - OVERCOMING CHALLENGES
2:00 - 2:45, Kerri J. Atencio
- Quantifying Damages
- Punitive Damages
- Wrongful Death Damages
- Issue of Liability and Damages Against the Tortfeasor
- Claims with Multiple Claimants
- Limitation of Judgment Against UM Insurer to Policy Limits
- First-Party Bad Faith Against UM Insurer
- Handling Complex Liens and Offsets; such as ERISA, Medicare, Medicaid, Personal Injury Protection (PIP), Auto Medical Payment (AMP), Liability Payments
- UM/UIM ETHICAL CONSIDERATIONS
3:00 - 4:00, Kenneth B. Pennywell
- Dealing With Claimant's Request for Fees and Costs if They Prevail
- Wrongful Death UM and UIM - Ethical Considerations
- Malpractice Traps in UM/UIM Cases
- Professional Insurance Agents Ethical Obligations
- LEGISLATIVE UPDATE, CURRENT TRENDS AND CASE LAW
4:00 - 4:30, Wendelyn K. Walberg
This intermediate-level seminar will provide an insightful discussion of the realities of UM/UIM practice and will benefit:
- Insurance Professionals