Statistics say that six out of ten drivers on the road carry inadequate or no insurance. With the largely voluntary nature of UM/UIM insurance coverage and rapidly changing statutory and case law, you have your work cut out for you. Don't struggle through the mountains of legalese alone. Order this in-depth analysis of current issues in the law and practice of UM/UIM, and get the latest legislative updates along with a balanced view of today's challenges.

1. History and Explanation of Mandated Provisions
2. Policy Provisions
3. Interpreting Exclusions and Limitations in Coverage
4. Avoiding Ethical Potholes
5. Trial and Arbitration Issues Related to UM/UIM Cases

Continuing Education Credits:   

* denotes specialty credits

1. HISTORY AND EXPLANATION OF MANDATED PROVISIONS
   9:00 - 10:15, Gordon A. Rehnborg Jr.
   1. Liability Coverage
   2. Uninsured Motorist Coverage
      1. Self –Insureds
      2. Cars Registered Outside New Hampshire
2. POLICY PROVISIONS
   10:30 - 11:45, Doreen F. Connor, Joseph F. McDowell, Jeffrey B. Osburn and Gordon A. Rehnborg Jr.
   1. The Coverage Grant, “Legally Entitled to Recover”
   2. Who Qualifies as an Insured?
   3. What Constitutes an Uninsured or Underinsured Vehicle?
   4. When Does one “Occupy” an Uninsured/Underinsured Vehicle?
   5. When Does an Accident “Arise out of” the Ownership, Use and Maintenance of an Un/Underinsured Motor Vehicle?
   6. Stacking
   7. Territorial Limits
3. INTERPRETING EXCLUSIONS AND LIMITATIONS IN COVERAGE
   12:45 - 2:00, Doreen F. Connor, Joseph F. McDowell, Jeffrey B. Osburn and Gordon A. Rehnborg Jr.
   1. What limits did the Named Insured Purchase or Reject?
   2. Questions Regarding Offsets and Reimbursements
   3. The Carrier's Obligations When There are Multiple Insureds
   4. The Government Vehicle Exclusion
   5. Duty to Exhaust Liability Coverage
   6. Consent to Settle Provisions
   7. Owned but Uninsured Vehicles
   8. The Insurer's Subrogation Rights to Uninsured Motorist Benefits
   9. How the Statute of Limitations Applies
4. AVOIDING ETHICAL POTHOLES
   2:00 - 3:00, Doreen F. Connor
   1. Potential Conflicts of Interest
   2. Multiple Insureds
   3. Reservation of Rights Letters
   4. What Circumstances Might Entitle the Insured to Independent Counsel?
   5. Reports to the Insurer and/or Third Party Administrators
5. TRIAL AND ARBITRATION ISSUES RELATED TO UM/UIM CASES
   3:15 - 4:30, Joseph F. McDowell and Jeffrey B. Osburn
   1. Policy Provisions—Do They Require a Jury Trial or Arbitration?
   2. ADR Considerations – Mediating Uninsured Motorist Claims
   3. Arbitration Considerations: Panel Selection, Presentation of Evidence
   4. Jury Trial Considerations: Presentation of Evidence
   5. Choosing Experts

DOREEN F. CONNOR is a member of the law firm Wiggin & Nourie, P.A., in Manchester, New Hampshire, where she practices in the areas of trial and appellate litigation. During her 25 years with the firm, Ms. Connor has handled more than 100 Supreme Court appeals and presented more than 50 oral arguments before the New Hampshire Supreme Court. Her appellate practice involves appeals from cases tried by her partners, as well as cases referred to her solely for appellate services. Ms. Connor's appellate practice encompasses a wide variety of subject areas including, domestic relations, negligence and insurance coverage. In addition to her appellate practice, she also represents individuals, business owners and insurance companies in insurance coverage trial litigation involving homeowner, auto and general liability insurance policies. She wrote the Post-Trial Motions and Appellate Procedure Chapter of the MCLE's two-volume treatise, A Practical Guide to Divorce in New Hampshire and the New Hampshire chapter on Appellate Practice for a nationwide appellate guide being published by the American Bar Association Council of Appellate Lawyers. Ms. Connor is a fellow of the American Academy of Appellate Lawyers.

JOSEPH F. McDOWELL III is an attorney with McDowell & Osburn, PA. He has dedicated his legal career to the representation of individual plaintiffs in personal injury litigation. Mr. McDowell is a member of the New Hampshire Bar Association (Professional Conduct Committee, 1997-2000; Unauthorized Practice of Law Committee, 1978-1981; chairman, 1978-1980), New Hampshire Supreme Court Committee on Character & Fitness (2007-present) and Massachusetts Bar Association (1999-present). He graduated from Providence College and Suffolk University Law School, cum laude.

JEFFREY B. OSBURN is an attorney with McDowell & Osburn, PA, where his main area of practice is civil litigation. Mr. Osburn has been appointed a member of Best Lawyers of America each year for the past 20years. After a peer review conducted by Best Lawyers, he was designated Best Lawyers Lawyer of the Year for 2010 in the area of personal injury litigation. Mr. Osburn is a member of the American Bar Association, New Hampshire Bar Association (Subcommittee: Committee for Cooperation with Courts), New Hampshire Association for Justice, American Association for Justice, International Society of Barristers, American College of Trial Lawyers. He graduated, cum laude, from University of Michigan Law School.

GORDON A. REHNBORG JR. is a shareholder in the law firm of Wiggin & Nourie, P.A., where his practice is concentrated in the areas of insurance coverage and civil litigation. He is a frequent lecturer on insurance coverage matters for the New Hampshire Bar Association. Mr. Rehnborg earned his B.A. degree from Bucknell University and his J.D. degree from Georgetown University. He is a member of the New Hampshire and the American bar associations, the Defense Research Institute, the Northern New England Defense Counsel (past president) Association and the Fellow International Society of Barristers.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

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