Analyze the more difficult aspects of UM/UIM practice from both sides of the table. This detailed analysis includes case studies on difficult policy interpretation and practical tips for drafting briefs and negotiating settlements. Find out how your colleagues approach these challenges and enhance your practice. Order today!

1. Researching the Issues of Coverage
2. Ethical Considerations
3. Strategies for Handling the Liability Limits Offer
4. Mediating/Settling a UM/UIM Claim
5. Litigating and Arbitrating a UM/UIM Claim

Strategies for Handling the Liability Limits Offer
9:00 - 10:15, Jeremy D. Lindsley

• Setting a Time to Respond
• Reasonable Time to Investigate
• Providing Enough Information to Make a Decision
• What to do with Excess Verdict
• Issues of Collateral Estoppel may Bind You in Subsequent UIM Case
• Is it Possible to Collect Twice? (If plaintiff gets an excess award that is paid by the carrier or the underinsured party, does the UIM carrier get the benefit of such?)

Mediating/Settling a UM/UIM Claim
10:30 -12:00, Jeremy D. Lindsley

• Defining “Legally Entitled to Recover”
• Preparation and Preservation of Claims
• Successful Motions and Pleadings
• Addressing Punitive Damages
• Liens and Subrogation Claims Strategies
• Determining Priority
• Insurer's Duty of Disclosure to the Insured
• Bad Faith in UM/UIM
• Tips for Improving Your Negotiations Success

Ethical Considerations
1:00 - 2:00, Jeremy D. Lindsley and Sean T. Patrick

• Avoiding Conflicts of Interest When Representing Multiple Parties
• Guarding against Malpractice
• Preserving Attorney-Client Privilege

Researching the Issues of Coverage
2:15 - 3:15, Sean T. Patrick

• Which State's Law Applies?
• Which UIM Statute Applies?
• Statute of Coverage
• Sources of Coverage
• What Triggers Coverage?
• Exhaustion and Set-Off
• The Limits of Available Coverage
• Stacking
• Reducing Clauses
• Exclusions
• No-Fault vs. Intentional Act
• PIP

Litigating and Arbitrating a UM/UIM Claim
3:15 - 4:30, Sean T. Partrick

• The Timing and Form of Demand
• Waiver of Arbitration
• Issues Subject to Arbitration
• Discovery Rights
• Recovery of “Expenses” and Attorneys' Fees
• Motions
• Drafting a Concise Arbitration Submission
• Expert Treatment
• Arbitration Hearing
• Introducing Evidence
• Modifying or Overturning Arbitration Award by Court
• Filing Award as Judgment
• What to do With Pre-Judgment Interest, Costs and Attorneys' Fees

JEREMY D. LINDSLEY is a partner in the Durham law firm of Bryant, Lewis & Lindsley, P.A. He has focused his areas of practice in the areas of insurance defense, civil litigation and personal injury since 1999. Mr. Lindsley earned his B.A. degree in political science at Boston University and his J.D. degree at Rutgers School of Law – Camden. He is a member of the North Carolina Bar Association.  

SEAN T. PARTRICK is a partner in Raleigh law firm of Yates, McLamb & Weyher, L.L.P. He focuses his practice on insurance defense, including construction defect litigation, personal injury defense, employment law, automobile liability, and coverage, and a range of other areas. Mr. Partrick earned his B. A. degree, with distinction, from the University of North Carolina at Chapel Hill and his J.D. degree from Norman Adrian Wiggins School of Law at Campbell University. He is a member of the North Carolina State Bar, North Carolina Bar Association, Wake County Bar Association, Defense Research Institute, and North Carolina Association of Defense Attorneys

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