When Is It Really "Bad Faith"?
This seminar will provide you with the cutting-edge knowledge and concrete skills you need to avoid the traps and reach your goal in the next bad faith case. Whether you're counsel for the plaintiff, the defense or are an insurance professional trying to prevent bad faith claims, you won't find instruction this practical anywhere else. Register today!
- Get a crucial review of bad faith elements, including the different types of claims and the remedies associated with them.
- Clarify recent legislative acts and integrate new findings into your case to help you win.
- Sort through the related causes of action like breach of contract and fraud to accurately determine the validity of the claim.
- Know exactly how to work with experts so they help - not hurt - your case.
- Cover all the bases when requesting production of discovery - and get all the facts you need to support and prove your case.
- Benefit from the speakers' extensive experience in choosing and deposing witnesses - learn what questions to ask to turn a witness into an advocate for your side.
- Make ethics a non-issue in your practice by following accepted ethical tenets.
- Analyze discovery strategy from both the plaintiff's and defendant's point of view and gain a perspective that will help you build a winning trial strategy.
- Master pre-trial and trial strategies that will give you new confidence and a clear advantage when dealing with claims.
- Discover what insurance professionals can do to proactively prevent bad faith.
- EMERGING ISSUES AND CURRENT LAWS
9:00 - 9:45, Wendelyn K. Walberg
- Legislative Overview: What the Courts are Ruling
- New Case Law Development - Interpreted
- Other Emerging Issues
- EVALUATING THE CLAIM
9:45 - 10:45, Jeremy A. Sitcoff
- First-Party Claims
- Third-Party Claims
- Exploring Related Causes of Action
- What to Consider When Figuring Damages
- GAIN A NEW PERSPECTIVE OF PRE-TRIAL PRACTICE
11:00 - 12:00, Lisa F. Mickley
- The Plaintiff's Preliminary Steps:
- Communicate with Insurer and Thoroughly Review the Policy
- Choose the Cause of Action and Establish Damages
- The Insurer's Guidelines:
- Preliminary Negotiation Strategies
- Know the Types of Responsive Pleadings
- The Use and Selection of Experts
- Key Tactics in Arbitration and Settlement
- How-to's for Establishing Choice of Venue
- Potentially Explosive Traps to Avoid
- GATHER INFORMATION CRITICAL TO YOUR CASE
1:00 - 1:45, Lisa F. Mickley
- Understand Your Insurance Policy
- Information You Absolutely Need - Where to Find It
- Eliminate Headaches When Drafting and Using Interrogatories and Related Documents
- Cover All Your Bases When Requesting Documents
- Utilize Requests for Admission and Save Time
- Your Obligation to Produce and Respond to Discovery
- When and Who to Depose and How to Prepare Witnesses
- Streamline Your Job with Sample Discovery Forms and Requests
- CONSIDER THE ETHICAL CONSEQUENCES: IT'S LEGAL, BUT IS IT RIGHT?
1:45 - 2:45, Ronald H. Nemirow
- Protect the Attorney-Client Privilege
- How the Advice of Counsel Defense Can Become an Issue
- The Ethical Pitfalls in Contacting Witnesses
- SUCCESSFUL COURTROOM STRATEGIES
3:00 - 4:00, Kerri J. Atencio
- Evaluate Your Options for Summary Judgment
- Clarify Common Misconceptions About Motions
- Voir Dire: The First Essential Step in Winning the Case
- What You Must Accomplish in Opening and Closing Statements
- How to Create an Order of Witnesses
- What to do When You Have a "Bad" Witness
- Guidelines for Using Discovery and Evidentiary Issues
- Handling Post-Trial Procedures and Appeal
- AVOIDING BAD FAITH CLAIMS FOR THE INSURANCE PROFESSIONAL: COMPLYING WITH THE UNFAIR CLAIM SETTLEMENT PRACTICES ACT
4:00 - 4:30, Wendelyn K. Walberg
This basic-to-intermediate level seminar is designed to help professionals involved in insurance disputes avoid bad faith claims, or successfully defend against them in court. The program will benefit:
- Claims Adjusters
- Claims Managers
- Risk Managers
- Insurance Agents