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

Continuing Education Credits:   

* denotes specialty credits

1. INSURANCE COVERAGE CONTRACT LANGUAGE 101
   9:00 - 9:45, Steven Vogel
   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, William Ferguson
   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, Brian T. Judson
   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
   12:30 - 1:30, Steven Vogel
   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, William Ferguson
   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, Brian T. Judson
   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, Mark J. Klecan
   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

WILLIAM FERGUSON, founder of Albuquerque's Will Ferguson & Associates, Attorneys at Law, has been practicing civil trial law since graduating from UNM Law. His eight member firm limits its practice to personal injury, insurance bad faith, and professional malpractice litigation throughout the entire state, often in association with other law firms. Mr. Ferguson has received the American Bar Association's national award for dignity in advertising, and has served as a member of the ATLA President's Club. He is a COIR participant with the NMTLA, and his firm recently sponsored Ken Burns' Prohibition series on public television.

BRIAN T. JUDSON is an attorney at the law firm of Olsen, Parden, Crow & Judson, P.C., where his practice focuses on civil litigation, primarily in the defense of insurance bad faith, personal injury, products liability, and construction defect claims. Mr. Judson also has assisted clients in a variety of other areas, including class action litigation, real estate litigation, mining and oil and gas issues, and federal Indian law. He was an adjunct instructor for the University of New Mexico School of Law, Civil Procedure Drafting Practicum, spring, 2008. Mr. Judson is a member of the New Mexico Defense Lawyers Association and the State Bar of New Mexico. He is admitted to practice before the U.S. District Court, District of New Mexico; U.S. Court of Federal Claims, and U.S. District, District of Colorado. Mr. Judson earned his B.A. degree from the University of New Mexico and his J.D. degree from the University of Denver.

MARK J. KLECAN is a partner in the Albuquerque law firm of Klecan & Childress. He focuses his practice in the areas of personal injury and insurance law. Mr. Klecan attended Rockhurst College in Kansas City, Missouri, earned his B.A. degree from the University of New Mexico and his J.D. degree from the University of New Mexico School of Law. He is a member of the American Bar Association (Tort and Insurance Practice Section), the State Bar of New Mexico (Trial Practice Section), the American College of Trial Lawyers, and the Defense Research Institute. Mr. Klecan also is the hearing officer for the Disciplinary Board. He has lectured on topics regarding the use of accident reconstruction experts in civil litigation, trial tactics for personal injury litigation, arbitration of uninsured motorist claims, professionalism, and ethical considerations for insurance defense lawyers.

STEVEN VOGEL is of counsel to the Whitener Law Firm in Albuquerque, New Mexico. He is a former insurance company defense attorney and has more than 31 years of experience with insurance cases. Mr. Vogel has represented many claimants and insurers including physicians, attorneys, judges, dentists, insurance brokers/agents, other professionals, corporations and other businesses regarding issues such as insurance coverage, the insurance companies duty to timely investigate, evaluate, defend, settle, or pay claims, and damage issues, including coverages amounts due and other related matters. He has an extensive trial practice, including numerous appeals to the U.S. 10th Circuit Court of Appeals, the New Mexico Supreme Court and the New Mexico Court of Appeals regarding insurance cases. He earned his B.S. degree from Western Michigan University and his J.D. degree from Thomas Cooley Law School. Mr. Vogel is a member of the State Bar of New Mexico, the New Mexico Trial Lawyers Association, and the American Association for Justice in the Insurance Section. He has been an annual speaker at seminars in New Mexico on insurance topics beginning in the 1990's.

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

Email: credit@nbi-sems.com