Who's Liable? Under What Circumstances? When can a Claim be Brought?
Is the negligence of the insurer excused by the insured's own actions? Imputed to the insurer? Proving (and disproving) negligence and breach of contract goes far beyond what the books tell you. You need real-world, practical and proven strategies, concrete case law and insight into how insurers (and insured's) think, evaluate, rationalize and deliberate. Identify the exact evidence that is needed to establish/disprove claims that are brought due to failure on the part of the agent, broker, carrier, adjuster and/or insurer that resulted in inadequate coverage and financial loss. Experienced plaintiff and defense attorneys, as well as skilled insurance professionals will equip you with state-specific, solid strategies for tackling these complex claims. Register today!
- Learn strategies for establishing (and disproving) the insurance agent/broker's duty of care.
- Get real-world tips for how to handle the top liability claims.
- When does advice turn into negligence? Breach of contract? Bad faith? Find out!
- Review common mistakes insurers, agents, brokers and adjusters make.
- Define what reserves are, how they are set and how they are changed.
- Prove negligence was a proximate cause, establishing and recovering damages
- Identifying what evidence is needed to prove/disprove breach of contract.
- Gain best strategies for defending actions.
- Use case law to prove/disprove negligence and breach of contract.
- Arizona HB 2129: Is it Unconstitutional?
9:00 - 10:00, Karen C. Stafford
- Wilks v. Manobianco
- HB 2129: What It Means for Auto Insurance Agents
- Does It Have Ramifications for Other Agents?
- Duties and Standards Owed to Insured in Arizona
10:15 - 11:15, Andrew J. Petersen
- Defining the Agent's Standard of Care
- Is There a Duty to Advise?
- Duties Owed by the Broker and Insurance Company
- Who Can Be Held Liable - and When?
11:15 - 12:30, Karen C. Stafford
- State Requirements for Bringing an Action
- Common Scenarios Invoking Top Claims
- Is the Negligence of the Insurer Excused by the Insured's Own Actions?
- Certificates are Inconsistent With Policy - Who's Liable
- Documenting the File - What Should be Included and Why?
- The Rule of Privity and Application of Case Law
- Negligence vs. Breach vs. Bad Faith
- When Does Advice Turn Into Negligence? Breach of Contract? Bad Faith?
- Agents Functioning as Insured's Claims Manager
- Determining When the Statute of Limitations Begins
- Reserves: What They are, How They are Set and How They are Changed
1:30 - 2:15, Andrew J. Petersen
- Proving and Defending Claims - Secrets From Top Attorneys
2:15 - 3:15, Andrew J. Petersen
- Remedies Available to Insured
- Minimizing Exposure of Insurer in Case
- Do Comparative Negligence Principles Apply?
- Evidence Needed to Prove/Disprove Breach and/or Negligence
- Policies and Coverage
- Exclusions, Exceptions and Triggers
- Terms and Conditions
- Quotes, Policy Options and Applications
- Documentary Evidence (Email/Text Messages)
- Nature of the Agency Relationship
- Proving Negligence was a Proximate Cause
- Affidavit of Merit Strategies
- Using Experts to Establish Duty of Care and Causation
- Negotiating Damages and Settlement Strategies
- Resolving Disputes Between Brokers/Agents and Policyholders
- Avoiding Ethical Legal Pitfalls
3:30 - 4:30, Alicyn M. Freeman
- The Line Between Agent and Fiduciary Becomes Blurred
- Attorney Fees
- Handling the Original Claim During Bad Faith Litigation
- Ethical Practices for Investigating Claims
- Lawyers as Witnesses
- Following the Independent Counsel Doctrine
- Burning Limits Policies
- Defending Multiple Insureds
- Malpractice Danger for Attorneys Retained by Insurers
The basic-to-intermediate level course is designed for the following professionals:
- Insurance Adjusters
- Insurance Agents, Brokers and Underwriters
- Insurance Carriers