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| From Event: Litigating the Uninsured & Underinsured Motorist Claim, held March 2011.
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Program Description
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Have you spent your last few Friday nights buried underneath insurance policies and UM/UIM case law? Our experienced practitioners can bring you some relief by sharing their best practices in dealing with issues unique to UM/UIM litigation. Further enhance your side of the case and obtain insight into the mind and, better yet, strategy of your opponent. Don't miss this opportunity to hone your skills in this complex area of insurance law! Order today!
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Course Content
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- Evaluating the Case
- Key Elements of UM/UIM Coverage
- Reductions and Offsets
- Subrogation and Liens
- Bankruptcy
- Ethical Traps to Avoid
- Case Work - Up
- Arbitration and Mediation
- Trial: Beyond the Basics
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- EVALUATING THE CASE
9:00 - 9:45, Robert G. Fiore and Rodney M. Gaston - Initial Considerations for the Plaintiff
- Initial Considerations for the Defense
- Client Interview Pointers
- Recognizing an Auto Defect Case
- KEY ELEMENTS OF UM/UIM COVERAGE
9:45 - 10:45, Rodney M. Gaston - Understanding the Statutes
- Case Law and Legislative Update
- Policy Coverage Considerations
- Policy Exclusions and Limitations
- Hit and Run Coverage
- Policy Arbitration Requirements
- Stacking Coverage and Who Pays?
- Rental Vehicles
- REDUCTIONS AND OFFSETS
11:00 - 11:30, Robert G. Fiore - Damages Paid by or on Behalf of Party Responsible for Injury
- Damages Paid under the Policy in Settlement of a Liability Claim
- Damages Paid under Disability Benefit Law
- Workers' Compensation
- SUBROGATION AND LIENS
11:30 - 12:15 Robert G. Fiore - Legal Elements of a Subrogation Claim
- Typical Documentation Necessary
- Subrogation of PIP
- ERISA/Heath Care Provider Liens
- Medicaid
- Medicare
- BANKRUPTCY
1:15 - 1:45, Rodney M. Gaston - By Plaintiff
- By Defendant
- ETHICAL TRAPS TO AVOID
1:45 - 2:15, Rodney M. Gaston - Who is the Client?
- Multiple Representation
- Fee Agreements and Retention
- Guarding against Malpractice
- CASE WORK - UP
2:15 - 3:00, Robert G. Fiore and Rodney M. Gaston - Ascertain Coverages/Declaratory Judgment Actions
- Notice to Carrier
- Choice of Venue
- Physical and Mental Examinations
- Paper Discovery
- Medical Documentation of the Claim
- Locating Expert Witnesses
- Preparing the Demand Package
- Exploring Lack of Good Faith Claims
- ARBITRATION AND MEDIATION
3:15 - 3:30, Robert G. Fiore - Mandatory and Voluntary Mediation
- How the Adjustor's Settlement Authority is Restricted
- Arbitration Pros and Cons
- TRIAL: BEYOND THE BASICS
3:30 - 4:30, Robert G. Fiore and Rodney M. Gaston - Jury or Non-Jury?
- Pre-trial Motions
- Proving and Disproving Damages
- Preparing Fact Witnesses
- Preparing Expert Witnesses
- De Bene Esse Depositions
- Direct and Cross Examination
- Use of Exhibits
- Protecting the Record for Appeal
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ROBERT G. FIORE is the manager of the Litigation Department at Azrael, Gann & Franz, LLP, where he concentrates his practice in the areas of serious personal injury, wrongful death, commercial law, insurance law and major subrogation recoveries. He has more than 20 years of litigation experience representing both plaintiffs and defendants in Maryland state and federal courts. Mr. Fiore is certified by the National Institute for Trial Advocacy to teach advocacy skills and during the past decade has mentored attorneys from all over the country on trial strategy and client counseling. He has spoken before the Maryland Trial Lawyers Association and has made presentations through the Maryland Institute of Continuing Professional Education of Lawyers and National Business Institute. He has taught as a guest lecturer at the University of Baltimore Law School. Mr. Fiore is licensed in Maryland and the District of Columbia and is a member of the state and federal court bars for both jurisdictions as well as the U.S. Supreme Court Bar. He is a member of the Maryland State Bar Association, the Maryland Association for Justice, the National Association of Subrogation Professionals, as well as numerous county bar associations in Maryland. RODNEY M. GASTON is an associate at Miller & Zois, LLC, where his practice focuses on medical malpractice and auto/personal injury litigation. Mr. Gaston is admitted to practice law in all Maryland State courts, the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for the 4th Circuit, and the U.S. Supreme Court. He has extensive trial experience in both the district courts and circuits courts throughout the State and has presented oral arguments before the Maryland Court of Special Appeals. He also participated in the nation's largest pro bono representation efforts ever undertaken to represent victims of the September 11th, 2001 attacks. Mr. Gaston has lectured for the Maryland Association for Justice on uninsured and underinsured motorists claims and first party bad faith. He is a member of the Maryland Association of Justice, where he has served on the Board of Governors and is the former chairperson of Education and Programs. Mr. Gaston graduated, with honors, from the University of Maryland School of Law.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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