Insurance litigation procedures and challenges are as diverse as they are extensive. Do you have the all the knowledge you need to effectively navigate the system? This engaging overview will walk you through the litigation process step-by-step and simplify some of the more confusing issues of coverage and settlement strategy. Order today!

1. Insurance Coverage Contract Language 101
2. Case Evaluation and Pre-Litigation Steps
3. Initial Pleadings/Motions - Filing the Suit
4. Discovery of the Insurance Case - Quantifying Damages/Loss
5. Settlement Strategies
6. Taking Your Insurance Claim to Trial and Further
7. Ethical Considerations

Continuing Education Credits:   

* denotes specialty credits

1. INSURANCE COVERAGE CONTRACT LANGUAGE 101
   9:00 - 9:45, Written and presented by W. Gray Dunlap Jr. in Tampa and Orlando.
   1. Common Terms, Coverage Limits and Exclusions
   2. Spotting Red Flags – Clauses to Look out For
   3. Insurer's Duty to Defend Standard
   4. Insurer's Duty to Indemnify
   5. Triggers of Coverage
   6. Insured's Rights and Protections – Standard Policy Provisions
   7. Insurance Coverage Case Law Update
2. CASE EVALUATION AND PRE-LITIGATION STEPS
   9:45 - 10:30, Written and presented by Gary S. Weisman in Tampa and Orlando.
   1. Case Intake and Informal Investigation Tactics
   2. Finding Sources and Limits of Coverage
   3. Negotiating the Claim With the Claimant/Insurance Company
   4. Tendering a Claim for Defense
   5. Insurance Company Claim Investigation
   6. Denial of Coverage and its Potential Consequences for Both Sides
3. INITIAL PLEADINGS/MOTIONS – FILING THE SUIT
   10:45 - 11:30, Written and presented by W. Gray Dunlap Jr. in Tampa and Orlando.
   1. Venue, Jurisdiction, Choice of Law
   2. Notice of Suit to the Insurance Company
   3. What to Include With Your Initial Filing
   4. Filing a Dispositive Motion (Summary Judgment or Dismissal)
   5. Action for Declaratory Relief
4. DISCOVERY OF THE INSURANCE CASE – QUANTIFYING DAMAGES/LOSS
   11:30 - 12:15, Written and presented by David Bierman in Tampa and Orlando.
   1. Statutory Standards
   2. Obtaining Records – What, Where and How
   3. Preservation and Spoliation of Evidence
   4. Witnesses – Lay and Expert
   5. Insurer's Right to the Documents of the Case in Which its Insured is the Defendant
   6. Using Experts to Calculate Past and Future Losses
   7. Punitive Damages
   8. Proving the Presence or Absence of Bad Faith
5. SETTLEMENT STRATEGIES
   1:15 - 2:15, Written and presented by David Bierman in Tampa and Orlando.
   1. Mandatory Mediation/Arbitration and Weighing the Pros and Cons of Optional Arbitration/Mediation
   2. Settlement vs. Mediation Tactics
   3. Effective Motion Strategies
   4. Arguing “Actual Controversy”
   5. Arguing “Ambiguity in Policy”
   6. Settlement Conference Tactics
   7. Subrogation of Recoveries to Medical and Third Party Liens
6. TAKING YOUR INSURANCE CLAIM TO TRIAL AND FURTHER
   2:30 - 3:30, Written and presented by David Bierman in Tampa and Orlando.
   1. Jury Selection
   2. Effective Opening Statements
   3. Testimony – Whom to Choose for Your Side and How to Handle the Cross-Examination
   4. Introducing Evidence and Expert Reports
   5. Objections – Substance, Timing, Phrasing
   6. Closings
   7. Appeals
7. ETHICAL CONSIDERATIONS
   3:30 - 4:30, Written and presented by Gary S. Weisman in Tampa and Orlando.
   1. Conflicts of Interest
      1. Representing Adverse Interests
      2. Loyalty to a Client vs. Conflicts of Interest That Arise After Engagement Agreement's Signed
      3. Consultation and Consent
      4. Ethical Traps in Representing the Insured at the Insurer's Expense
      5. Conflicts of Interest With Former Clients – Defining “Substantially Related” Matters
      6. Principles of Imputed Disqualification
      7. Conflicts Arising From Witness Contacts
      8. Resolving Conflicts of Interest
   2. Confidentiality
   3. Ethical Traps When Lawyers Change Firms
   4. When a Lawyer May Testify (The Dangers of Combining the Roles of Advocate and Witness)
   5. Communicating With Unrepresented Interested Parties
   6. Attorneys' Fees

DAVID BIERMAN is of counsel at The Law Office of Russel Lazega, P.A., where he heads their homeowners division. He also worked for Allstate Insurance Company for 20 years as an insurance adjuster and was the litigation adjuster for Allstate's Special Investigation Unit in South Florida. Mr. Bierman is one of 450 people in the United States with the designation of Certified Insurance Fraud Investigator. He was president of the South Florida Chapter of the International Association of Special Investigation Units and was on the board of directors of the Florida Insurance Fraud Education Committee and is a certified instructor for the Department of Insurance. Mr. Bierman has also given lectures at the National Association of Insurance Commissioners, the DIF/SIU conference and the Florida Insurance Fraud Education Committee Conference. He also has lectured on insurance issues internally for Allstate and has also testified in front of the Senate Banking and Insurance Committee on various issues regarding insurance including homeowner, windstorm, Citizens and Personal Injury Protection Coverage. Mr. Bierman was a member of the inaugural evening class of Florida International University College of Law, where he was a member of the Student Bar Association, where he was vice president of the Evening Division. He was also a member of the trial team and the negotiation team and was the student coach of the negotiation team. Mr. Bierman is a member of the Florida Bar.

W. GRAY DUNLAP JR. is the managing shareholder of W. Gray Dunlap Jr., P.A., where he practices in the areas of insurance coverage litigation, insurance bad faith and general commercial litigation. Mr. Dunlap has been practicing law for more than 25 years and has previously lectured before professional groups on matters related to insurance law. He is a member of the Federal and American (member, Litigation Section; Tort and Insurance Practice Section; Insurance Coverage Litigation and Excess, Surplus, and Reinsurance Lines committees) bar associations and The Florida Bar. Mr. Dunlap earned his B.A. degree from the University of Florida and his J.D. degree from Stetson University.

GARY S. WEISMAN is an attorney with Older, Lundy & Weisman, Attorneys at Law, in Tampa, Florida, where his practice is concentrated in the areas of insurance coverage and claims handling issues. He has written articles and lectured on insurance bad faith and closing arguments for the Florida Justice Association. Mr. Weisman earned his B.A. degree from George Washington University and his J.D. degree from Florida State University College of Law. He is a member of the Hillsborough County Bar Association, the Florida Justice Association and The Florida Bar.

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