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

1. INSURANCE COVERAGE CONTRACT LANGUAGE 101
   9:00 - 10:00, Written by Douglas L. Hoots.
   Presented by Samuel B. Carl in Louisville and Douglas L. Hoots in Lexington.
   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
   10:00 - 10:45, Written by Nancy B. Loucks.
   Presented by Nancy B. Loucks in Louisville and Douglas L. Hoots in Lexington.
   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
   11:00 - 12:00, Written by Samuel B. Carl.
   Presented by Samuel B. Carl in Louisville and Escum L. Moore III in Lexington.
   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
   1:00 - 1:30, Written by Escum L. Moore III.
   Presented by William P. Carrell II in Louisville and Escum L. Moore III in Lexington.
   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
   1:30 - 2:15, Written by Nancy B. Loucks.
   Presented by Nancy B. Loucks in Louisville and Ronald L. Green in Lexington.
   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 by Matthew R. Malone.
   Presented by William P. Carrell II in Louisville and Matthew R. Malone in Lexington.
   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 by Nancy B. Loucks.
   Presented by Nancy B. Loucks in Louisville and Ronald L. Green in Lexington.
   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

SAMUEL B. CARL practices law in Louisville, Shelbyville and Taylorsville. He concentrates on general civil trial work, focusing on bodily injury claims. Mr. Carl has served as lead trial counsel in a wide variety of cases, including insurance bad faith, premises liability, auto and truck negligence, news media libel, and products liability. For more than ten years, he has been certified by the National Board of Trial Advocacy as a Civil Trial Specialist and has lectured at CLE seminars on subjects of insurance/bad faith litigation and motor vehicle negligence. Mr. Carl earned his B.A. degree from the University of Kentucky and his J.D. degree from the University of Louisville. He is a member of the Kentucky Justice Association, as well as the Louisville and Kentucky bar associations.

WILLIAM P. CARRELL II is an attorney with Ewen Kinney & Rosing, where his main areas of practice are litigation and appellate practice. Mr. Carrell has made CLE presentations to the state-wide Kentucky Law Update. He has practiced law for more than 16 years in insurance litigation and related areas. Mr. Carrell is a member of the Kentucky and Louisville bar associations. He is admitted to practice before the U.S. District Court for the Western and Eastern districts of Kentucky. Mr. Carrell earned his B.A. degree from Davidson College and his J.D. degree from Wake Forest University School of Law.

NANCY B. LOUCKS is a member in the Louisville office of the law firm of Frost Brown Todd LLC, where she focuses her practice in trucking and commercial transportation, insurance coverage, and equine litigation. Prior to coming to Frost Brown Todd LLC, she served as a clerk to Kentucky's former chief justice, Robert F. Stephens. Immediately thereafter, Ms. Loucks spent seven years representing Westinghouse Electric Corporation in Pittsburgh, Pennsylvania, focusing on multi-district insurance coverage litigation. She is a member of the American, Kentucky and Louisville bar associations; the Defense Research Institute; the Transportation Lawyers Association; the Kentucky Motor Transport Association; and the National Society of Professional Insurance Investigators. Ms. Loucks earned her B.A. and J.D. degrees from the University of Kentucky.

RONALD L. GREEN is a partner in the Lexington firm of Green & Chesnut, PLLC, where his practice emphasizes insurance law, professional liability, appellate practice and employment law. He is a former adjunct professor at the University of Kentucky College of Law and has published articles in the Kentucky Law Journal and the Kentucky Bench & Bar. Mr. Green is a member of the Kentucky and Fayette County bar associations, and the Defense Research Institute, the Kentucky Defense Counsel, the Professional Liability Defense Federation, and the National Association of Forensic Economists. He earned his B.S. degree from Murray State University and his J.D. degree from the University of Kentucky. 

DOUGLAS L. HOOTS is a partner with Landrum & Shouse LLP, where his main areas of practice are civil litigation defenses, general defense, bad faith law, insurance coverage analysis and Special Investigation Unit (SIU) Law. Mr. Hoots is a former adjunct professor of paralegal studies at Eastern Kentucky University and a former claims professional for a major insurer. He is a member of the Fayette County and Kentucky bar associations, and Defense Research Institute, Kentucky Defense Counsel, International Association of Special Investigations Units, and Insurance Institute of Kentucky. Mr. Hoots earned his B.A. degree from Western Kentucky University and his J.D. degree from the University of Kentucky College of Law.

MATTHEW R. MALONE is an attorney with Hurt Crosbie & May PLLC. Mr. Malone's practice is focused on general civil litigation, family law, administrative law, criminal defense, construction law and commercial disputes. He earned his B.B.A. degree, magna cum laude, from the University of Kentucky Gatton School of Business and Management and his J.D. degree from the University of Kentucky, College of Law, where he was a member of the Trial Advocacy Board.

ESCUM L. MOORE III is a partner with Moore & Moore, PLLC, where his main practice areas are medical negligence and personal injury. He is a member of the Kentucky, Fayette County (Young Lawyers Section) and American bar associations, and the Kentucky Justice Association, and American Justice Association. Mr. Moore is admitted to practice before the U.S. District Court, Eastern District of Kentucky; U.S. District Court, Western District of Kentucky; and U.S. Court of Appeals, 6th Circuit. Mr. Moore earned his B.A. degree from Centre College of Kentucky and his J.D. degree from the University of Kentucky.

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