Insurance litigation is long, laborious and complex. Bad faith litigation burns the bridges you often spend years to build. Sometimes it is inevitable, but what if you could realistically minimize the number of such cases without any detriment to your clients' claims? This practical legal guide combines the knowledge of experienced insurance attorneys and claims professionals to provide you with a step-by-step playbook for selecting, researching and resolving insurance claims constructively. Explore available resolution options, demands and concessions to consider and powerful precise wording to use. Get your clients the claim settlements they deserve and build lasting working relationships with the insurance professionals you'll have to deal with for your next claim – order today!

1. Investigating the Claim – the Claimant's Perspective
2. Investigating the Claim – the Insurance Claims Specialist's Perspective
3. Drafting the Demand Letter that Gets Results
4. Negotiation Techniques that Work
5. The Role of Medical Evidence in an Insurance Claim
6. Legal Ethics
7. Bad Faith – Causes of Action

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

• Investigating the Claim – the Claimant's Perspective
  9:00 - 9:45, Scott A. Hunter
• Researching the Facts of the Case
• Identifying Key Issues
• Incident Scene Investigation
• Witness and Client Interviews
• Requesting Documents
• Researching Insurance Coverage
• Valuing Your Claim - Key Factors to Consider
• Diminished Value Claims
• Investigating the Claim – the Insurance Claims Specialist's Perspective
  9:45 - 10:30, Bryan Wohlgemuth
• Common Claim Evaluation Rules and Software
• Reviewing Incident Reports
• Analyzing Coverage
• Recognizing Fraud and Using Investigators
• Claims Representatives' Tips for Productive and Efficient Negotiations
• Drafting the Demand Letter that Gets Results
  10:45 - 11:30, Laurie Del Percio
• Key Elements of an Effective Demand Letter
• Length, Style, Tone, “Drama” Level
• Sample Letter Review/Critique
• What to Include in the Settlement Package – Documentation and Exhibits
• To Document the Claim
• To Incentivize the Claim – Enhance its Value
• To Enhance Credibility, Prevent Bottlenecks, Close Gaps
• Negotiation Techniques that Work
  12:30 - 1:30, Michael L. Hughes
• Determining the Adjuster's Settlement Authority
• Using Documentation/Exhibits Effectively
• Building a Record of the Negotiations
• Addressing the Weak Points of Your Case
• Going Beyond the Adjuster's Settlement Authority
• Re-Starting Stalled Negotiations
• Making the Most of Mediation
• Negotiation Mistakes to Avoid
• Get to Know Your Adjusters – Building Credibility and Lasting Relationships
• What to Do When the Negotiations Fail
• The Role of Medical Evidence in an Insurance Claim
  1:30 - 2:15, Michael J. Mohlman
• Obtaining Medical Documentation of Injuries, Treatment, Diagnoses, Expenses, etc.
• Independent Medical Examination
• When Does Treatment Cross Over into Maintenance?
• The Role of Pre-Existing Conditions
• Legal Ethics
  2:30 - 3:30, Michael L. Hughes
• Clearly Communicating Absence of Attorney-Client Relationship to Non-Clients
• Effective Retainer Agreements
• Managing Client Expectations
• Identifying and Avoiding Conflicts of Interest
• Confidentiality
• Attorney Fees
• HIPAA Compliance in Handling Medical Records
• Ethical Attorney Advertising and Solicitation of Clients
• Bad Faith – Causes of Action
  3:30 - 4:30, Christopher A. Brackman

CHRISTOPHER A. BRACKMAN practices in the Independence law firm of Furry and Smith, P.C., primarily in the areas civil litigation and insurance defense. He is admitted to practice in Missouri and Kansas, as well as before the U.S. District Court, Western District of Missouri and U.S. District Court, District of Kansas. Mr. Brackman has successfully tried cases to judges and juries in Missouri and Kansas State courts, and has argued before the Court of Appeals of Missouri, Western District. He earned his B.A. degree from the University of Missouri - Columbia and his J.D. degree from the University of Missouri - Kansas City, where he was an editor for The UMKC Law Review and The Urban Lawyer. Mr. Brackman is a member of The Missouri Bar, The Kansas Bar Association and the Kansas City Metropolitan Bar Association.

LAURIE DEL PERCIO is the lead litigation attorney for The Horn Law Firm, where she focuses her practice on complex injury and death cases involving auto and truck collisions, medical error, premises liability, and work/industrial accidents. Prior to joining The Horn Law Firm, Ms. Del Percio practiced as an insurance defense attorney, representing large insurance companies in personal injury litigation. She earned her J.D. degree, with distinction, from the University of Missouri-Kansas City and her B.A. degree, with distinction, from the University of Missouri-Kansas City. Ms. Del Percio is a member of the Kansas City Metropolitan Bar Association, the American Association for Justice, the Missouri Trial Lawyers Association and the Kansas Trial Lawyers Association. She is a recipient of the Thomas E. Deacy, Sr. Memorial Trial Practice Award and is a member of the Order of Barristers. Ms. Del Percio has been voted Best of the Bar by her peers in 2009, 2010 and 2011. She also has recently been voted as a Super Lawyer by her peers.

MICHAEL L. HUGHES is a partner in the law firm of Long & Luder P.A., where he practices in the areas of truck litigation and construction. He earned his B.S. degree from Baker University and his J.D. degree from the University of Missouri at Kansas City.

SCOTT A. HUNTER is a partner in the law firm of Hunter & Nantz LLC, where his practice areas include personal injury insurance coverage and business litigation. Mr. Hunter is licensed in Missouri and Kansas and is admitted to the U.S. District Courts for the Western District of Missouri; District of Kansas; and the Eighth Circuit, U.S. Court of Appeals. He is a member of the Missouri Association of Trial Attorneys and the Kansas City Metropolitan Bar Association. Mr. Hunter earned his B.A. and J.D. degrees from the University of Missouri, Columbia.

MICHAEL J. MOHLMAN is an attorney with Smith Coonrod Mohlman, LLC, where he focuses his practice on the areas of plaintiff's personal injury, auto accidents/truck wrecks, nursing home negligence and medical malpractice litigation. Mr. Mohlman has litigated in Missouri, Kansas, Colorado, Illinois, Texas, California, Massachusetts and Wisconsin. He is the former chair of the Kansas City Metropolitan Bar Association's Nursing Home Negligence Committee and former president of Missouri Watch, a consumer rights organization dedicated to protecting the rights of individuals from wealthy special-interest lobbies. Mr. Mohlman is a member of the Kansas City Metropolitan Bar Association, The Missouri Bar, the Kansas Bar Association, the Missouri Association of Trial Attorneys and the American Association for Justice. He wrote The Missouri Bar Civil Procedure Deskbook chapters on interrogatories and depositions, requests for production of documents and requests for admission. Mr. Mohlman earned his B.A. degree from Harvard University and his J.D. degree from the University of Kansas Law School, where he wrote for the University of Kansas Law Review and was invited to join the Order of the Coif.

BRYAN WOHLGEMUTH is an insurance claims specialist with Foremost Insurance Group in Grand Rapids, Michigan. Mr. Wohlgemuth specializes in claims involving auto, motorcycle and bodily injury. He is a member of Toastmaster and has received his Chartered Property Casualty Underwriters designation. Mr. Wohlgemuth earned his B.S. degree from the University of Kansas.

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