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 - 9:35, Harold J. Flanagan
   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
   9:35 - 10:05, Harold J. Flanagan
   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
   10:20 - 11:00, Pablo Gonzalez
   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
   11:00 - 12:00, Pablo Gonzalez
   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. Penalties
   8. Proving the Presence or Absence of Bad Faith
5. SETTLEMENT STRATEGIES
   1:00 - 2:00, Harold J. Flanagan
   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
   2:15 - 3:30, Paul C. Miniclier
   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, Paul C. Miniclier
   1. Conflicts: Who do you represent and what are your duties?

HAROLD J FLANAGAN is a founding partner of Flanagan Partners, LLP in New Orleans. Mr. Flanagan's practice includes both contracts and litigation in the areas of insurance coverage/recovery, construction, admiralty, oil and gas production, casualty, and commercial matters. He was named one of the Best Lawyers in America in insurance and commercial litigation in 2011 and named one of New Orleans Magazine Top Lawyers in business law and insurance in 2009 and 2010. Mr. Flanagan's insurance law practice is extremely broad, covering transactional matters and litigation in the contexts of oil and gas production, maritime operations, construction, casualty, and products liability. He leverages his practical and academic experience to counsel clients in transactional and litigation matters. Mr. Flanagan is frequently associated by other law firms to assist in litigating the insurance aspects of casualty claims. He has extensive experience in contract drafting for oil and gas producers, including drilling contracts, master service agreements, vessel charters, and U.S. Customs/Jones Act compliance. In the area of construction law, Mr. Flanagan has extensive experience drafting construction contracts and litigating construction disputes for contractors and property owners. With respect to casualty litigation, he is frequently called upon to investigate casualties, and advises clients on matters involving well blowouts, explosions, drilling rig and vessel accidents, and other oilfield tort claims. Mr. Flanagan graduated from Loyola University with a B.S. degree and from the Loyola School of Law, cum laude. For the past eleven years, he has taught insurance law at Tulane Law School. Mr. Flanagan's outstanding service to the school was recognized when he was awarded the Monte M. Lemann Distinguished Teaching Award in 2003 and 2010. He is a frequent lecturer and author in the areas of oil and gas law, construction contracts and litigation, and insurance coverage. Mr. Flanagan enlisted in the U.S. Marine Corps in 1985 and recently retired at the rank of colonel in the Marine Corps Reserve after 26 years of service, including overseas service in Operation Enduring Freedom.

PABLO GONZALEZ is an attorney in the insurance and reinsurance group in the New Orleans office of Phelps Dunbar LLP. He represents clients in insurance coverage litigation, including both first-party and third-party coverage disputes. Mr. Gonzalez has been involved in litigation arising out of first-party insurance claims, including claims for property damage, business interruption, loss of rental income, and additional living expenses arising out of hurricanes Katrina and Rita. He has experience representing third-party liability insurers in complex coverage litigation in state and federal court with a particular focus on construction defect, employer's vicarious liability, excess insurance and auto liability claims. Mr. Gonzalez earned his B.A. degree from the University of the South, and his J.D. degree, cum laude, from Loyola University. He is a member of the New Orleans Bar Association, Louisiana State Bar Association (2009-2010 Rules of Professional Conduct Committee, Leadership Class of 2009, Council of the Louisiana State Law Institute - 2009 Observer of the Young Lawyer's Section), American Bar Association, Young Leadership Council, Thomas More Inn of Court, and Isidore Newman School Alumni Board.

PAUL C. MINICLIER is principal of the Law Office of Paul C. Miniclier. He is a member of the American, Louisiana State and New Orleans bar associations; The Florida Bar; the State bar of Texas; the American Association for Justice; Louisiana Association for Justice; Association of Diving Contractors; Maritime Law Association of the United States; Undersea and Hyperbaric Medical Society; and the Southeast Admiralty Law Institute. Mr. Miniclier earned his B.A. degree from the University of Notre Dame, his J.D. degree, cum laude, from the University of Miami and his LL.M degree, in admiralty, from Tulane University. He has lectured on federal practice & procedure, bad faith insurance claims in Louisiana, and wrongful death in Louisiana for National Business Institute

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