Protect Your Client to the Best of Your Ability
Subrogation spans so many diverse legal specialties – 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, property and workers' comp 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.
- Understand all procedural details of petitioning for and dividing the constructive trust funds.
- Medicare and Medicaid Issues in Personal Injury Litigation
9:00 - 10:30, Sean P. Dwyer
- Medicare Set-Aside Overview
- Medicaid Subrogation/Lien Overview
- Medicare/Medicaid as Secondary Payer: Conditional Payments and Liens
- What are Medicare's and Medicaid's Subrogation Rights?
- What “Set-Aside” Obligations do Personal Injury Lawyers Face?
- Effective Strategies for Dealing with Medicare
- What is the Lawyer's Potential Liability to the Government?
- Workers' Compensation
10:45 - 12:00, Gregory Lois
- The Common Fund Doctrine
- Allocation of Third Party Recovery
- Procedural Tips and Pitfalls
- Interplay of Medicare and Workers' Compensation
- Auto Insurance Subrogation
1:00 - 2:15, Gail L. Ritzert
- Evidence in Hard-to-Find Places
- Injury and Vehicle Damage Assessment
- Proving Damages
- Insufficient Limits Case Study
- Subrogation of Medical Coverage Payments
- Special Considerations in UM/UIM Coverage
- Advanced Settlement Negotiations
- Subrogation Defenses and Remedies
2:30 - 3:30, Joel A. Sweetbaum
- Voluntary Payments by the Insurer
- Factual Defenses
- Contributory Negligence
- Exclusion Clauses
- Arbitration Clauses
- Inconsistent Policy Terms
- Settlements and Releases
- Unilateral Discontinuances
- Judgments and Stays
- Bad Faith on the Part of the Subrogating Insurer
- Maintaining an Ethical Practice
3:30 - 4:30, Sean P. Dwyer
- Confidentiality Considerations
- Fraud or Misrepresentation to Other Parties Involved
- Ethical Issues in Disbursements - Avoid Misappropriating Your Client's Funds
This intermediate-level course offers an interdisciplinary approach to subrogation that will benefit:
- In-House Counsel
- Coordination of Benefits Specialists
- Claims Professionals