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

1. EVALUATING THE CASE
   9:00 - 9:45, Albert N. Thiel Jr. and 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, Albert N. Thiel Jr.
   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, Albert N. Thiel Jr.
   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, Howard R. Thomas
   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. Role of Counsel in Prelitigation Investigation
   2. Examinations Under Oath
   3. Causation and Phantom Vehicles
   4. Insurer's Duty Regarding Third Party Claims
   5. UM/UIM Pretrial Negotiations
   6. Anticipating Extracontractual Claims
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. Bench Versus Jury
   2. Bifurcation and Stay
   3. Jury Selection
   4. Jury Instructions
   5. Motions in Limine
   6. Choice of Witnesses

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. Mr. Frizzell earned his B.A. degree from the University of Arkansas and his J.D. degree from the University of Kansas. He is a member of the New Mexico Defense Lawyers Association, Defense Research Institute and the New Mexico Medical Review Committee.

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.

ALBERT N. THIEL JR. is an attorney with the Albuquerque firm of Will Ferguson & Associates, Attorneys at Law where he practices in the areas of employment and personal injury law. His experience includes a wide variety of civil cases, and he has handled appellate cases at all levels up to the U.S. Supreme Court. Mr. Thiel has spoken to various professional groups on topics relating to his areas of practice. He earned his B.A. degree from St. Mary's Seminary & University at Baltimore, his J.D. degree from the University of New Mexico and his M.B.A. degree in finance from the Robert O. Anderson School of Business, University of New Mexico. Mr. Thiel is a member of the State Bar of New Mexico, New Mexico Trial Lawyers Association and the American Association For Justice.

HOWARD R. THOMAS is an assistant U.S. attorney with the U.S. Attorney's Office in the District of New Mexico. He has spoken and published extensively in the areas of insurance and qui tam cases under the Federal False Claims Act. Mr. Thomas 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 admitted to practice law in Colorado, the District of Columbia, New Mexico, Texas and before the U.S. Supreme Court.

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