Do you have a firm grasp of the principles, laws and changing legal interpretations of insurance subrogation? Do you know the correct order and formulas for lien reimbursement? Explore the fundamentals of insurance subrogation claims and procedures. You'll learn how to successfully protect your client's interests in light of recent court decisions and legal exceptions associated with ERISA, Medicare, Medicaid and more. Order today!

1. Subrogation Basics
2. Interpreting Insurance Policy Language
3. The Investigation and Subrogation Process
4. Recovering Damages and Handling Subrogation Liens
5. Real-World Subrogation Issues
6. Ethics

SUBROGATION BASICS
9:00 - 9:30, James B. Glennon

• Terminology and Definitions
• Types of Subrogation and Parties Involved
• Principles, Rules and Limitations

INTERPRETING INSURANCE POLICY LANGUAGE
9:30 - 10:30, James K. Theisen

• The Importance of Subrogation Clause Phrasing in Insurance Policies
• Waiver of Subrogation Clause and How It Affects the Insurer's Rights
• Subrogation Receipt Phrasing Considerations
• Case Law Update: The Courts' Interpretation of Policy Language

THE INVESTIGATION AND SUBROGATION PROCESS
10:45 - 11:45, Steven M. Thompson

• Important Findings During Investigation
• Duty to Preserve Evidence: Proving Spoliation and Fraudulent Concealment
• Notifying Parties of Your Subrogation Interest
• Statute of Limitations and Other Time Considerations
• Documenting Damages, Costs and Facts
• Actions That Can Jeopardize Recovery
• Effective Collection Strategies and Procedures

RECOVERING DAMAGES AND HANDLING SUBROGATION LIENS
12:45 - 2:00, James K. Theisen

• Accurately Calculating Recoverable Damages
• Comparative Negligence vs. Contributory Negligence
• Strategies to Negotiate the Amount of Damages Being Claimed
• Precautionary Measures to Identify All Liens
• Subrogation Agreements to Facilitate Lien Resolution
• Determining Lien Priority and Formulas for Reimbursement
• Exceptions: ERISA, Medicare, Medicaid and Other First-Priority Liens
• Where Attorneys' Fees Fall in the Lineup

REAL-WORLD SUBROGATION ISSUES
2:15 - 3:30, James B. Glennon

• Can an Insurer Ever Recover a Claim Where the Injured Hasn't Been Made Whole?
• Can an Insurer Claim a Lien for Benefits Not Yet Paid?
• Can Workers' Compensation Providers Subrogate Against Employees' Personal Auto Insurance?
• Is Rental Car Insurance Considered Primary or Secondary Insurance?
• Does a Full Release by the Insured Always Waive Subrogation Rights?
• Do Criminal Acts Void Subrogation?
• Does the Economic Loss Doctrine Apply to Subrogation Cases?
• Can an Attorney be Held Personally Liable for Lien Payments?

ETHICS
3:30 - 4:30, Steven M. Thompson

• Attorney-Client Relationship vs. Duty to Protect Third-Party's Interest
• Attorneys' Fees
• Acting in Bad Faith

JAMES B. GLENNON is a founding partner of the law firm of Foran Glennon Palandech Ponzi & Rudloff PC. Mr. Glennon concentrates his practice in the areas of loss recovery/subrogation, international litigation, products liability, construction litigation, casualty litigation, and first-party property insurance coverage. In addition to his extensive domestic and international litigation experience, Mr. Glennon also has been involved in numerous high-profile lawsuits, served as a panelist on America's Best Lawyers on SkyRadio, presented at industry conferences, and published articles on various litigation related topics. He is a member of the National Association of Subrogation Professionals, State Bar of Nevada, and the Chicago, Clark County, Lake County, and Indiana State bar associations. Mr. Glennon earned his B.A. degree from the University of Notre Dame and his J.D. degree from Loyola University of Chicago School of Law.

JAMES K. THEISEN is an attorney in the Lisle Office of Momkus McCluskey, LLC. Mr. Theisen concentrates his practice in the areas of insurance defense litigation, subrogation and plaintiff's personal injury. He is a member of the DuPage County and Winnebago County bar associations. Mr Theisen earned his B.S. degree from Western Illinois University and his J.D. degree from Southern Illinois University School of Law.

STEVEN M. THOMPSON is an attorney in the Chicago law firm of Sneckenberg, Thompson & Brody, LLP. Mr. Thompson's practice is concentrated in property, boiler and machinery and general liability defense, as well as subrogation and coverage issues. He has also specialized in first party property and auto coverage with an emphasis on fraud investigation. From 1977 to 1981, he was employed by Kemper as a Boiler and Machinery claims examiner where he handled first party claims in a 12 state territory, as well as all litigation and subrogation within the territory. He then joined Protection Mutual Insurance Company in 1981 as a home office underwriter. In this position, he handled all home office referrals and coordinated major account property and boiler and machinery underwriting. In 1983, Mr. Thompson became regional underwriting manager where he was responsible for a large portfolio of Fortune 1000 accounts. In 1994, he became associated with the predecessor law firm of William J. Sneckenberg & Associates and became a partner in 2000. Mr. Thompson is a member of the National Association of Subrogation Professionals, the Underwriters and Brokers Association of Chicago, the National Society of Professional Insurance Investigators, the Marine Multi-Peril Society of Illinois and the Illinois, Chicago and American bar associations. He earned his B.A. degree from the University of Missouri and his J.D. degree, cum laude, from The John Marshall Law School.

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