Have you spent your last few Friday nights buried underneath insurance policies and UM/UIM case law? Our experienced practitioners can bring you some relief by sharing their best practices in dealing with issues unique to UM/UIM litigation. Further enhance your side of the case and obtain insight into the mind and, better yet, strategy of your opponent. Don't miss this opportunity to hone your skills in this complex area of insurance law! Order today!

1. Evaluating the Case
2. Key Elements of UM/UIM Coverage
3. Reductions and Offsets
4. Subrogation and Liens
5. Ethical Traps to Avoid
6. Pre-Litigation Activity
7. Arbitration and Mediation
8. Trial: Beyond the Basics

Continuing Education Credits:   

* denotes specialty credits

1. EVALUATING THE CASE
   9:00 - 9:45, Steven Vogel, Co-presented by John S. Stiff
   1. Initial Considerations for the Plaintiff
   2. Initial Considerations for the Defense
   3. Client Interview Pointers
   4. Recognizing an Auto Defect Case
2. KEY ELEMENTS OF UM/UIM COVERAGE
   9:45 - 10:45, Steven Vogel
   1. Understanding the Statutes
   2. Case Law and Legislative Update
   3. Policy Coverage Considerations
   4. Policy Exclusions and Limitations
   5. Hit and Run Coverage
   6. Policy Arbitration Requirements
   7. Stacking Coverage and Who Pays?
   8. Rental Vehicles
3. REDUCTIONS AND OFFSETS
   11:00 - 11:30, Steven C. Henry
   1. Collateral Source
   2. Direct Indemnity for Medical Expense and for Basic Reparations Benefits
   3. Damages Paid by or on Behalf of Party Responsible for the Injury
   4. Damages Paid Under the Policy in Settlement of a Liability Claim
   5. Damages Paid Under Disability Benefit Law
   6. Workers' Compensation
4. SUBROGATION AND LIENS
   11:30 - 12:00, John S. Stiff
   1. Legal Elements of a Subrogation Claim
   2. Typical Documentation Necessary
   3. Subrogation of PIP
   4. ERISA
   5. Medicaid
   6. Medicare
   7. Bankruptcy
5. ETHICAL TRAPS TO AVOID
   1:00 - 2:00, Steven C. Henry
   1. Who is the Client?
   2. Multiple Representation
   3. Fee Agreements and Retention
   4. Guarding Against Malpractice
6. PRE-LITIGATION ACTIVITY
   2:00 - 2:30, David W. Frizzell
   1. Choice of Venue
   2. Discovery
   3. Locating and Preparing Experts
   4. Establishing Damages
   5. Voluntary Disclosures
   6. Pre-Trial Motions Practice
7. ARBITRATION AND MEDIATION
   2:45 - 3:30, John S. Stiff
   1. Motion to Compel Arbitration
   2. Mandatory or Voluntary Arbitration
   3. How the Adjuster's Settlement Authority is Restricted
   4. Arbitration Pros and Cons
   5. Proactive Steps to Avoid Bad Faith Claims
   6. Scope of Review
8. TRIAL: BEYOND THE BASICS
   3:30 - 4:30, David W. Frizzell
   1. Jury and Non-Jury Venue
   2. Proving and Disputing Damages
   3. Introducing Evidence
   4. Utilizing Forensic Science
   5. Accident Reconstruction
   6. Demonstrating Injury Impact
   7. Direct and Cross-Examination
   8. Effective Opening and Closing Statements
   9. Motions Practice During Trial
   10. Anticipating an Appeal: Framing Issues for Appeal

DAVID W. FRIZZELL is an attorney at the law firm of Simone, Roberts & Weiss, P.A., where his practice areas include insurance law, insurance bad faith, automobile insurance defense, medical malpractice, premises liability, products liability and construction litigation. He earned his B.A. degree from the University of Arkansas and his J.D. degree from the University of Kansas. Mr. Frizzell is a member of the New Mexico Defense Lawyers Association, Defense Research Institute and the New Mexico Medical Review Committee.

STEVEN C. HENRY is a sole practitioner and graduated from Stetson University College of Law. He has served as a prosecuting attorney in St. Petersburg, Florida; Albuquerque and Santa Fe, New Mexico; and Colorado Springs, Colorado. Mr. Henry also has been a public defender in Albuquerque and Daytona Beach. He served as chief staff attorney for the New Mexico Department of Insurance for over two years and spent three years as an insurance defense attorney before opening his own office in May 1993. Mr. Henry is an experienced trial attorney with more than 300 jury trials to his credit. Since 1993, he has concentrated on personal injury and insurance breach of contract, insurance bad faith claims, and violations of the New Mexico Insurance Code and the Unfair Trade Practices Act. Mr. Henry has been a frequent continuing education speaker to New Mexico insurance agents on ethical issues and the insurance code, and has lectured at numerous continuing legal education seminars on insurance coverage and insurance bad faith.

JOHN S. STIFF is the managing partner of Stiff, Keith & Garcia, LLC, where his main areas of practice are insurance, products liability, labor and employment, and litigation. He received his B.A. degree from Colorado College and his J.D. degree from Tulane University. Mr. Stiff is a member of the Albuquerque and the American bar associations, the State Bar of New Mexico, the National Institute for Trial Advocacy, the Defense Research Institute and the New Mexico Defense Lawyers Association.

STEVEN VOGEL is of counsel to the Whitener Law Firm, P.A. 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. Tenth 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 1990s.

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Phone: 866-240-1890

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