Insurance litigation procedures and challenges are as diverse as they are extensive. Do you have the all the knowledge you need to effectively navigate the system? This engaging overview will walk you through the litigation process step-by-step and simplify some of the more confusing issues of coverage and settlement strategy. Order today!

1. Insurance Coverage Contract Language 101
2. Case Evaluation and Pre-Litigation Steps
3. Initial Pleadings/Motions - Filing the Suit
4. Discovery of the Insurance Case - Quantifying Damages/Loss
5. Settlement Strategies
6. Taking Your Insurance Claim to Trial and Further
7. Ethical Considerations

1. INSURANCE COVERAGE CONTRACT LANGUAGE 101
   9:00 - 9:45, Benjamin Morgan
   1. Common Terms, Coverage Limits and Exclusions
   2. Spotting Red Flags – Clauses to Look out For
   3. Insurer's Duty to Defend Standard
   4. Insurer's Duty to Indemnify
   5. Triggers of Coverage
   6. Insured's Rights and Protections – Standard Policy Provisions
   7. Insurance Coverage Case Law Update
2. CASE EVALUATION AND PRE-LITIGATION STEPS
   9:45 - 10:30, Jeffrey P. Resnick
   1. Case Intake and Informal Investigation Tactics
   2. Finding Sources and Limits of Coverage
   3. Negotiating the Claim With the Claimant/Insurance Company
   4. Tendering a Claim for Defense
   5. Insurance Company Claim Investigation
   6. Denial of Coverage and its Potential Consequences for Both Sides
3. INITIAL PLEADINGS/MOTIONS – FILING THE SUIT
   10:45 - 11:30, Benjamin Morgan
   1. Venue, Jurisdiction, Choice of Law
   2. Notice of Suit to the Insurance Company
   3. What to Include With Your Initial Filing
   4. Filing a Dispositive Motion (Summary Judgment or Dismissal)
   5. Action for Declaratory Relief
4. DISCOVERY OF THE INSURANCE CASE – QUANTIFYING DAMAGES/LOSS
   11:30 - 12:30, Jeffrey P. Resnick
   1. Statutory Standards
   2. Obtaining Records – What, Where and How
   3. Preservation and Spoliation of Evidence
   4. Witnesses – Lay and Expert
   5. Insurer's Right to the Documents of the Case in Which its Insured is the Defendant
   6. Using Experts to Calculate Past and Future Losses
   7. Punitive Damages
   8. Proving the Presence or Absence of Bad Faith
5. SETTLEMENT STRATEGIES
   1:30 - 2:30, Jeffrey P. Resnick
   1. Mandatory Mediation/Arbitration and Weighing the Pros and Cons of Optional Arbitration/Mediation
   2. Settlement vs. Mediation Tactics
   3. Effective Motion Strategies
   4. Arguing “Actual Controversy”
   5. Arguing “Ambiguity in Policy”
   6. Settlement Conference Tactics
   7. Subrogation of Recoveries to Medical and Third Party Liens
6. TAKING YOUR INSURANCE CLAIM TO TRIAL AND FURTHER
   2:45 - 3:30, Kevin D. Castro
   1. Jury Selection
   2. Effective Opening Statements
   3. Testimony – Whom to Choose for Your Side and How to Handle the Cross-Examination
   4. Introducing Evidence and Expert Reports
   5. Objections – Substance, Timing, Phrasing
   6. Closings
   7. Appeals
7. ETHICAL CONSIDERATIONS
   3:30 - 4:30, Kevin D. Castro
   1. Conflicts of Interest
      1. Representing Adverse Interests
      2. Loyalty to a Client vs. Conflicts of Interest That Arise After Engagement Agreement's Signed
      3. Consultation and Consent
      4. Ethical Traps in Representing the Insured at the Insurer's Expense
      5. Conflicts of Interest With Former Clients – Defining “Substantially Related” Matters
      6. Principles of Imputed Disqualification
      7. Conflicts Arising From Witness Contacts
      8. Resolving Conflicts of Interest
   2. Confidentiality
   3. Ethical Traps When Lawyers Change Firms
   4. When a Lawyer May Testify (The Dangers of Combining the Roles of Advocate and Witness)
   5. Communicating With Unrepresented Interested Parties
   6. Attorneys' Fees

KEVIN D. CASTRO is a partner with the law firm of Doner & Castro, where his areas of practice consist of plaintiff's personal injury representation, workers' compensation claims and defense of motor vehicle traffic violations. Mr. Castro is admitted to the state bars of New Jersey, Pennsylvania and New York. He also is admitted to the federal districts of New Jersey and Eastern Pennsylvania. Mr. Castro has served as a municipal court prosecutor in the town of Woodlynne, New Jersey. He is a graduate of the University of Maryland and the Rutgers University School of Law.

BENJAMIN MORGAN is an attorney with the law firm of Archer & Greiner, P.C., where he concentrates his practice on construction litigation, insurance coverage matters, appellate practice and general contract disputes. Mr. Morgan also has published several articles in the area of insurance coverage, specifically those areas dealing with construction defects. He is admitted to practice in Maryland and New Jersey, and before the District Court of New Jersey. Mr. Morgan earned his B.A. degree from Wake Forest University; his M.B.A. degree, with highest honors, from the Rutgers School of Business; and his J.D. degree, with honors, from the Rutgers School of Law before clerking for Justice John E. Wallace with the New Jersey Supreme Court. He is a member of the New Jersey State Bar Association, a trustee of the Gloucester County Bar Association and a trustee of the Gloucester County Bar Foundation.

JEFFREY P. RESNICK is a shareholder with Sherman, Silverstein, Kohl, Rose & Podolsky, P.A., where he concentrates his practice on business and insurance litigation. Mr. Resnick has tried numerous jury and non-jury cases to verdict in various areas of civil litigation, many of which included first party insurance claims. He also has appeared in state and federal appellate courts, arguing on various maters of insurance law and business litigation issues. Mr. Resnick is a frequent speaker and has been voted a New Jersey Rising Star for the past several years. He is a member of New Jersey State and Camden County bar associations. Mr. Resnick is licensed to practice in New Jersey, Pennsylvania and New York. He earned his undergraduate degree from Rutgers College and his J.D. degree from Widener University School of Law.

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