Get a comprehensive overview of the key insruance law principles and strategies from seasoned attorneys in this engaging legal guide. Start with a detailed analysis of coverage review strategies, followed by a review of claim filing procedures and negotiation tactics. Explore the most hotly contested subjects in insurance law: bad faith, subrogation and liens. Understand the specifics of insurance litigation involving individual policyholders and get time-tested strategies shared by experienced attorneys. If you're just entering insurance law practice or need a legal refresher, this course is for you. Order today!

MORNING SESSION – BASIC INSURANCE DISPUTE RULES AND PROCEDURES

1. Types of Coverage and Policy Language
2. The Mechanics of Filing the Claim and Its Processing by the Insurer
3. Negotiations and Settlement Tactics
4. Insurance Coverage Case Law Update

AFTERNOON SESSION – BAD FAITH AND OTHER SOPHISTICATED INSURANCE LAW ISSUES

5. Extra-Contractual Liability and Bad Faith Claims
6. Liens, Indemnity and Subrogation
7. Ethics

Continuing Education Credits:   

* denotes specialty credits

MORNING SESSION – BASIC INSURANCE DISPUTE RULES AND PROCEDURES

1. TYPES OF COVERAGE AND POLICY LANGUAGE
   9:00 - 10:00, Christopher M. Keller
   1. Types of Personal Insurance Coverage (Property/Homeowners; Fire; Disaster/Flood; Auto/UM/UIM/No-Fault; Life; Long-Term Care; Liability; etc.)
   2. Common Claims and Causes of Action
   3. Reviewing Policies to Determine Coverage and Prepare for Claim/Litigation
      1. Rules of Interpretation of Insurance Contracts
      2. Common Terms (Defining “Clear and Unambiguous;” Giving Words Their Plain and Ordinary Meaning; Ambiguities and Interpreting Intent)
      3. Researching Applicable Limits of Coverage
      4. Determining Who is Covered Under the Policy
      5. Determining Priority When Multiple Policies are Involved
      6. Triggers of Coverage
      7. Writing a Coverage Opinion
2. THE MECHANICS OF FILING THE CLAIM AND ITS PROCESSING BY THE INSURER
   10:00 - 10:45, Thierry V. Barkley
   1. Filing a Claim on Behalf of the Insured
      1. Notice of Loss
      2. Proof of Loss
      3. Timelines for Filing Actions
      4. Appraisal
   2. What Documents Should be Included
   3. The Rules of Claims Investigation and Administration
   4. Colossus and Other Software Used in Claims Processing
   5. Common Bases for Denial
3. NEGOTIATIONS AND SETTLEMENT TACTICS
   11:00 - 11:30, Thierry V. Barkley
   1. The Risks and Benefits of Mediation
   2. Tactics for Direct Insurer-Insured Negotiations to Prevent Litigation
   3. Maintaining the Record of Communications
   4. Pre-Litigation Considerations
4. INSURANCE COVERAGE CASE LAW UPDATE
   11:30 - 12:00, Brian P. Worthington

AFTERNOON SESSION – BAD FAITH AND OTHER SOPHISTICATED INSURANCE LAW ISSUES

5. EXTRA-CONTRACTUAL LIABILITY AND BAD FAITH CLAIMS
   1:00 - 2:30, Christopher M. Keller
   1. Bad Faith Causes of Action – Criteria for Determining Bad Faith
   2. Insurer's Duty to Investigate, Defend and Indemnify
   3. Insurer's Duty of Prompt Payment
   4. Choice of Venue
   5. Statutes of Limitations
   6. Standard of Proof
   7. Discovery
      1. Specific Documents to Obtain and Examine
      2. Preservation and Spoliation of Evidence
      3. Experts
   8. Strategic Motions and Pleadings
   9. Damages Determination
   10. Reverse Bad Faith and Other Defense Strategies
   11. Countering Abusive Litigation Tactics
   12. Bifurcation Issues
6. LIENS, INDEMNITY AND SUBROGATION
   2:45 - 3:30, Thierry V. Barkley
   1. Hospital Liens
   2. Subrogation of Recoveries to Medical and Third-Party Liens
   3. Determining the Priority of Liens
   4. Subrogation Clauses (and Waivers) in Insurance Contracts
   5. The “Made-Whole” Doctrine
   6. Basic Steps of Subrogation
   7. Defenses to Subrogation
7. ETHICS
   3:30 - 4:30, Brian P. Worthington
   1. Practical Application of Rules of Professional Conduct
   2. Conflicts of Interest in the Tripartite Relationship
   3. Protecting Confidentiality
   4. Attorneys Acting as Witnesses
   5. Attorneys' Fees

THIERRY V. BARKLEY is of counsel to the Reno law firm of Thorndal Armstrong Delk Balkenbush & Eisinger LLP, practicing in the areas of insurance coverage, bad faith and disability insurance. He has been a guest lecturer on insurance coverage issues for the Los Angeles County Bar Association, the State Bar of Nevada and the American Law Firm Association. Mr. Barkley is a former regional editor for DRI's Covered Events, a national insurance publication. He earned his B.A. degree from the University of California at Los Angeles and his J.D. degree from California Western School of Law. Mr. Barkley is a member of the Washoe County Bar Association, the State Bar of Nevada and the Select Counsel Panel for Disability Insurance.

CHRISTOPHER M. KELLER is an attorney in the Las Vegas law firm of Pyatt Silvestri & Hanlon, where he practices in the areas of insurance and bad faith insurance defense litigation. Mr. Keller attended Northern Arizona University, the University of Maine at Farmington and graduated, magna cum laude, from the University of Arizona. He earned his J.D. degree from the University of Georgia. Mr. Keller is a member of the Young Lawyers Association and the State Bar of Nevada (Intellectual Property Section).

BRIAN P. WORTHINGTON is a partner in the law firm of Ryan Mercaldo & Worthington LLP, where his practice is concentrated in the areas of civil litigation, insurance coverage and appellate practice. He has lectured for various professional groups on insurance coverage law and appellate law. Mr. Worthington is admitted to practice in California, Illinois and Nevada. He is a member of the San Diego County (former chair, Appellate Court Committee) and Clark County bar associations. Mr. Worthington is the chair of the San Diego County Delegation to the California State Bar Conference. He earned his B.A. degree, with honors, from the University of Wisconsin-Madison and his J.D. degree from the University of San Diego.

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