Augment your insurance knowledge with the cutting-edge, concrete skills you need to avoid traps and reach your goal in the next bad faith case. Whether you're counsel for the plaintiff, the defense, or are an insurance professional trying to prevent bad faith claims, you won't find instruction this practical anywhere else. Order today!

1. Emerging Issues and Current Laws
2. Identifying the Type of Tort, Related Causes of Action and Damages
3. Gain a New Perspective of Pre-Trial Practice
4. Gather Information Critical to Your Case
5. Successful Courtroom Strategies
6. Avoiding Bad Faith Claims for the Insurance Professional: Complying With the Unfair Claim Settlement Practices Act
7. Consider the Ethical Consequences: It's Legal, But is it Right?

Continuing Education Credits:   

* denotes specialty credits

1. EMERGING ISSUES AND CURRENT LAWS
   9:00 - 9:30, Kyle N. Roehler
   1. Legislative Overview: What the Courts are Ruling
   2. New Case Law Development - Interpreted
   3. Other Emerging Issues
2. IDENTIFYING THE TYPE OF TORT, RELATED CAUSES OF ACTION AND DAMAGES
   9:30 - 10:30, Kyle N. Roehler
   1. First-Party Claims
      1. Types of Claims
      2. The Insurer's Responsibility
      3. Settlement Issues
   2. Third-Party Claims
      1. Types of Claims
      2. Settlement Issues
   3. Exploring Related Causes of Action
      1. Fraud
      2. Negligence
      3. Breach of Contract
      4. Statutory Breach
   4. What to Consider When Figuring Damages
      1. Emotional Distress
      2. Interest
      3. Attorneys' Fees and Costs
      4. Punitive Damages
3. GAIN A NEW PERSPECTIVE OF PRE-TRIAL PRACTICE
   10:45 - 11:45, Jeffrey J. Carey
   1. The Plaintiff's Preliminary Steps:
      1. Communicate With Insurer and Thoroughly Review the Policy
      Policy Limits Demand and Offer to Release Insured From Further Liability
      3. Time Limited Demands. How Much Time Should The Insurance Company Be Given to Assess The Settlement Offer?
      4. Issues Presented By Defense Under Reservation or Rights
      Hammer Letters and Dealing With Independent Counsel For The Tortfeasor
      6. The Use of §537.065 Agreements
      7. To Assign or Not To Assign?
      8. Choose the Cause of Action and Establish Damages
   2. The Insurer's Guidelines:
      1. Preliminary Negotiation Strategies
      2. Know the Types of Responsive Pleadings
   3. The Use and Selection of Experts
   4. Key Tactics in Arbitration and Settlement
   5. How-to's for Establishing Choice of Venue
   6. Potentially Explosive Traps to Avoid
      1. Equitable v. Statutory Garnishment
      2. Eliminating Damage to Insured Through the 537.065 Agreement
4. GATHER INFORMATION CRITICAL TO YOUR CASE
   12:45 - 1:30, Jeffrey J. Carey
   1. Understand Your Insurance Policy
   2. Exclusions
   3. Information You Absolutely Need - Where to Find It
   4. Eliminate Headaches When Drafting and Using Interrogatories and Related Documents
   5. Cover All Your Bases When Requesting Documents
   6. Utilize Requests for Admission and Save Time
   7. Your Obligation to Produce and Respond to Discovery
   8. When and Who to Depose and How to Prepare Witnesses
   9. Streamline Your Job With Sample Discovery Forms and Requests
5. SUCCESSFUL COURTROOM STRATEGIES
   1:30 - 2:15, Timothy P. Price
   1. Evaluate Your Options for Summary Judgment
   2. Clarify Common Misconceptions About Motions
   3. Voir Dire: The First Essential Step in Winning the Case
   4. What You Must Accomplish in Opening and Closing Statements
   5. How to Create an Order of Witnesses
   6. What to do When You Have a "Bad" Witness
   7. Guidelines for Using Discovery and Evidentiary Issues
   8. Handling Post-Trial Procedures and Appeal
6. AVOIDING BAD FAITH CLAIMS FOR THE INSURANCE PROFESSIONAL: COMPLYING WITH THE UNFAIR CLAIM SETTLEMENT PRACTICES ACT
   2:30 - 3:30, Donald P. Herron
7. CONSIDER THE ETHICAL CONSEQUENCES: IT'S LEGAL, BUT IS IT RIGHT?
   3:30 - 4:30, Patrick E. McGrath
   1. Protect the Attorney-Client Privilege
   2. Communicating With Unrepresented Tortfeasors
   3. How the Advice of Counsel Defense Can Become an Issue
   4. The Ethical Pitfalls in Contacting Witnesses

JEFFREY J. CAREY is principal of Carey Law Firm, LLC, in Lee's Summit, Missouri, where he focuses his practice in personal injury and bankruptcy. Mr. Carey began his career representing insurance companies at one of the Kansas City metropolitan area's largest insurance defense firms. Since 1999, he has been in private practice in Lee's Summit. Mr. Carey earned his B.A. degree in economics and political science from the University of Missouri and his J.D. from the University of Missouri-Kansas City. He also holds an M.B.A. from the University of Missouri-Kansas City. He was previously an adjunct professor at Avila College. Mr. Carey is a member of The Missouri Bar Association, Kansas Bar Association and Eastern Jackson County Bar Association.

DONALD P. HERRON is a claims counsel with Chartis. His main areas of practice are insurance defense and insurance coverage. Mr. Herron has previously spoken on topics such as workers' compensation, personal injury and mediation. He has more than 30 years experience in insurance. Mr. Herron is a member of the American Bar Association, Kansas City Metropolitan Bar Association, The Missouri Bar and the Defense Research Institute. He earned his B.A., J.D. and M.A. degrees from the University of Missouri - Kansas City.

PATRICK E. McGRATH, attorney, has tried numerous cases in state and federal courts throughout Kansas and Missouri. His trial experience includes most categories of tort (including products liability, premises liability, trucking accidents and professional liability cases) and cases focusing on employer liability (wrongful termination, sexual harassment, retaliatory discharge, EEOC claims, Missouri Human Rights Commission claims, Kansas Human Rights Commission claims, and director and officer liability claims). Mr. McGrath has been a frequent publisher and lecturer on employment related topics, including "Trying Discrimination and Harassment Claims to Juries," "Sexual Harassment and Discrimination in the Workplace," and "Defending EEOC and Human Rights Commission Investigations." He has testified before the Kansas legislature on proposed legislation impacting employers, has appeared as lead trial counsel on Court TV, has been a legal commentator on KMBZ news radio and has been featured in the "Newsmaker" column in the Kansas City Business Journal. In addition to his defense trial work, Mr. McGrath maintains a significant insurance coverage practice representing insurers on a regional basis in a broad range of complex litigation. He represents insurers in coverage matters and litigation under most policy forms, including disputes with their insureds and with other insurers, bad faith cases, and disputes between primary and excess carriers. Mr. McGrath also consults with lawyers on professional responsibility matters. He earned his B.A. degree and J.D. degree from the University of Kansas. Mr. McGrath is licensed to practice in Kansas and Missouri.

TIMOTHY P. PRICE is owner of the Law Offices Timothy P. Price, where he focuses his practice in personal injury, wrongful death and workers' compensation matters. Mr. Price earned his B.S. degree from the University of Missouri-Columbia and his J.D. degree from the University of Missouri Kansas City School of Law in 2001. He thereafter served as a judicial law clerk at both the Missouri Court of Appeals and the Supreme Court of Missouri. Mr. Price first obtained valuable trial experience while working as an assistant city attorney with the city of Kansas City, Missouri. He then built upon that experience working for a well-respected insurance defense firm, where after only four years he became a partner. Mr. Price is licensed to practice law in both Missouri and Kansas, and thus frequently appears in trial courts throughout the states of Missouri and Kansas. He has argued cases before the Missouri Court of Appeals. Mr. Price is also a member of the United States Court of Appeals for the Eight Circuit, United States District Court for the Western District of Missouri and United States District Court for Kansas. He is an active member in The Missouri Bar, the Kansas Bar Association and the Kansas City Metropolitan Bar Association.

KYLE N. ROEHLER is a shareholder in the law firm of Foland, Wickens, Eisfelder, Roper & Hofer, PC. Mr. Roehler has tried cases in Kansas and Missouri. His practice is focused on insurance defense, extra contractual liability, personal injury and products liability litigation. In 2009 and 2010, he was selected by his colleagues in Missouri and Kansas as a Rising Star in personal injury defense, an honor that was recognized in Super Lawyers. Mr. Roehler is an active member of the Defense Research Institute and the Property Loss Research Bureau/Liability Insurance Research Bureau. Frequently, he presents at PLRB Conferences; Kansas Claims Association meetings; and at other events on bad faith claims, products liability and construction defect claims.

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