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. Choice of Law Issues From Both Sides of the Table
2. Researching the Issues of Coverage
3. Ethical Considerations
4. Strategies for Handling the Liability Limits Offer
5. Mediating/Settling a UM/UIM Claim
6. UM/UIM Arbitration Step-by-Step

Continuing Education Credits:   

* denotes specialty credits

Choice of Law Issues From Both Sides of the Table
9:00 - 10:00, Jonathan S. Frizzell and Paul B. Kleinman

• Which State's Law Applies?
• Which UIM Statute Applies?
• Statute of Limitations
• Current Developments and Case Law Update

Researching the Issues of Coverage
10:00 - 10:30 and 10:45 - 11:15, Jonathan S. Frizzell and Paul B. Kleinman

• Sources of Coverage
• What Triggers Coverage?
• Exhaustion and Set-Off
• The Limits of Available Coverage
• Stacking
• Reducing Clauses
• Exclusions
• No-Fault vs. Intentional Act
• Medical Payments Coverage

Ethical Considerations
11:15 - 12:15, Jonathan S. Frizzell and Paul B. Kleinman

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

Strategies for Handling the Liability Limits Offer
1:15 - 2:15, Jonathan S. Frizzell and Paul B. Kleinman

Mediating/Settling a UM/UIM Claim
2:15 - 2:45 and 3:00 - 3:30, Jonathan S. Frizzell and Paul B. Kleinman

• Defining “Legally Entitled to Recover”
• Preparation and Preservation of Claims
• Successful Motions and Pleadings
• Addressing Enhanced Compensatory
• Liens and Subrogation Claims Strategies
• Determining Priority
• Insurer's Duty of Disclosure to the Insured
• Bad Faith in UM/UIM
• What to do With Pre-Judgment Interest, Costs and Attorneys' Fees
• Tips for Improving Your Negotiations Success

UM/UIM Arbitration Step-by-Step
3:30 - 4:30, Jonathan S. Frizzell and Paul B. Kleinman

• 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

JONATHAN S. FRIZZELL is a partner at Waystack Frizzell, Trial Lawyers, which has offices in Colebrook and Berlin, New Hampshire. Mr. Frizzell's practice includes personal injury litigation in New Hampshire's state and federal courts, as well as probate, commercial, and municipal matters. As plaintiff's counsel, he has represented injured clients in jury trials involving automobile accidents, premises liability, and complex product liability matters. He earned his A.B. degree from Dartmouth College and his J.D. degree from Franklin Pierce Law Center. Mr. Frizzell is a member of the New Hampshire Bar Association, Coos County Bar Association, American Association for Justice, and the New Hampshire Association for Justice. He also serves on the New Hampshire Supreme Court's Access to Justice Commission, and is a director of First Colebrook Bank.

PAUL B. KLEINMAN is a partner in the law firm of Bouchard, Kleinman & Wright, P.A., where he practices in the area of civil litigation. He graduated from Boston University School of Law with honors and obtained his degree from Binghamton University. Mr. Kleinman has clerked for the Rhode Island Supreme Court and the New Hampshire Superior Court. He is a member of the New Hampshire and Massachusetts bar associations, and is admitted to practice in the U.S. District Courts of New Hampshire and Massachusetts, and the U.S. 1st Circuit Court of Appeals.

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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