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

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. INSURANCE COVERAGE CONTRACT LANGUAGE 101
   9:00 - 9:45, Eileen E. Buholtz
   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. ETHICAL CONSIDERATIONS
   9:45 - 10:45, Eileen E. Buholtz
   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
3. CASE EVALUATION AND PRE-LITIGATION STEPS
   11:00 - 12:00, Katherine A. Fijal
   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
4. INITIAL PLEADINGS/MOTIONS – FILING THE SUIT
   1:00 - 1:45, Adam C. Ferrandino
   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
5. DISCOVERY OF THE INSURANCE CASE – QUANTIFYING DAMAGES/LOSS
   1:45 - 2:30, Sarah J. Delaney
   1. Statutory Standards
   2. Obtaining Records – What, Where and How
   3. Preservation and Spoliation of Evidence
   4. Available Damages and Calculation of Damages
   5. Witnesses – Lay and Expert
   6. Insurer's Right to the Documents of the Case in Which its Insured is the Defendant
   7. Proving the Presence or Absence of Bad Faith
6. SETTLEMENT STRATEGIES
   2:45 - 3:45, Steven E. Peiper
   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
7. TAKING YOUR INSURANCE CLAIM TO TRIAL AND FURTHER
   3:45 - 4:30, Leonard D. Zaccagnino
   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

EILEEN E. BUHOLTZ is an attorney at Connors & Corcoran, PLLC, in Rochester, where she concentrates her practice in litigation, both commercial and insurance defense, as well as insurance coverage litigation. She earned her B.A. degree from Eastman School of Music and her J.D. degree from Syracuse University. Ms. Buholtz is past chair of NYSBA's Torts, Insurance and Compensation Law Section. She has served on NYSBA's House of Delegates, President's Committee for Access to Justice, New York State Conference of Bar Leaders, Law Office and Economic Management Committee and CPLR Committee. Ms. Buholtz is a member of the American Board of Trial Advocates, the American Bar Association, the Defense Research Institute and the Monroe County Bar Association. She is past chair of the MCBA's President's Commission on Access to Justice. Ms. Buholtz is past president of the Greater Rochester Association for Women Attorneys and has chaired its Legislative, Media, CLE and Judicial Evaluation committees. She has served several terms as GRAWA's delegate to the Women's Bar Association of the State of New York and has also served as secretary, treasurer and vice-president. Ms. Buholtz has lectured for NYSBA, Monroe County Bar Association, Greater Rochester Association for Woman Attorneys and for National Business Institute on topics involving civil litigation, insurance law and labor law. She has received the following awards: NYSBA's John E. Leach Memorial Award for service to the Torts, Insurance and Compensation Law Sectional; WBASNY's Hanna Cohn Pro Bono Award; NYSBA's Empire State Counsel for contributing more than fifty hours of pro bono representation; a nomination for the Daily Record's Nathanial Award; GRAWA's Crennel-Branch Award for leadership in GRAWA; MCBA's President's Award; NYSBA's Pro Bono Award and MCBA's McKnight Award for Pro Bono Services. Ms. Buholtz served on the board and is a past president of Volunteer Legal Services Project and continues to serve on its finance committee. She served on the Board of Directors of the Community Legal Intake and Referral Project and has also served as a trustee of the Foundation of the Monroe County Bar.

SARAH J. DELANEY is an attorney at Goldberg Segalla LLP, where she is a long-time member of the global insurance services team. Her practice concentration is on insurance coverage analysis and litigation, professional liability and appellate practice. Ms. Delaney's coverage experience covers a very broad range, including life, health and disability; bad faith; personal and advertising injury; intentional torts; pollution claims; aviation and fraud. She handles all aspects of insurance litigation and provides complex coverage analysis. Ms. Delaney graduated, magna cum laude, from the State University of New York at Buffalo and was a governmental law center fellow and publications editor of the Human Rights Law Review while in law school. She has lectured and presented on a number of topics relating to insurance coverage. Ms. Delaney is editor of Case Watch: Insurance, Goldberg Segalla's bi-weekly insurance coverage newsletter, as well as publisher of the firm's Life, Health, Disability and ERISA Quarterly newsletter and is a regular contributor to the firm's Legal Update. Ms. Delaney is a member of the Defense Research Institute (Insurance law Committee; Young Lawyers Committee; chair, Life, Health and Disability/ERISA Young Lawyers Committee) and the New York State Bar Association (Torts, Insurance and Compensation Law Section; past vice-chair, Insurance Coverage Committee).

ADAM C. FERRANDINO is an attorney at Feldman Kieffer, LLP, in Buffalo and has concentrated his practice in representing individuals, corporations, professionals and municipalities in the area of insurance defense litigation. He has extensive experience in the areas of motor vehicle litigation, premises liability, labor law, professional malpractice and products liability. Mr. Ferrandino also has extensive experience in insurance coverage litigation. He earned his B.A. degree and his J.D. degree from Valparaiso University. Mr. Ferrandino is admitted to practice law in the New York state and federal courts. He has also been admitted to pro hac vice in state and federal courts throughout the country. Mr. Ferrandino is a member of the New York State Bar Association and Erie County Bar Association. He was the statewide co-chair for the Torts, Insurance & Compensation Section and Municipal Law Committee sponsored Continuing Legal Education Program and local chair and speaker for various continuing legal education programs.

KATHERINE A. FIJAL is an attorney at Hurwitz & Fine, P.C. Ms. Fijal is an accomplished litigation attorney with an extensive background in insurance coverage analysis and insurance coverage litigation. She is regularly engaged in complex insurance coverage matters involving commercial lines and personal lines, including matters involving excess and umbrella coverage. Ms. Fijal also has a strong background in New York State Labor Law and its interplay with insurance coverage issues. She received both her B.A. and J.D. degrees from the State University of New York at Buffalo. Ms. Fijal is a member of the Bar Association of Erie County and the New York State Bar Association.

STEVEN E. PEIPER is an attorney at the law firm of Hurwitz & Fine, P.C., where his main area of practice is insurance coverage. Mr. Peiper has spoken at various continuing legal education seminars on insurance coverage issues. He is the author of a bi-weekly column "Peiper on Property," for the firm's newsletter on first party claims and disputes. Mr. Peiper earned his B.A. degree from Shippensburg University and his J.D. degree from the University of New York at Buffalo Law School. He is a member of the Bar Association of Erie County and the New York State Bar Association.

LEONARD D. ZACCAGNINO is a partner with the law firm of Shaw & Shaw, P.C., where he practices in the areas of personal injury litigation, general civil litigation, and civil and trial law. He spends most of his time representing plaintiff civil actions, as well as criminal and trial work. Mr. Zaccagnino also has been chosen as an arbitrator in numerous arbitration proceedings involving claims for personal injuries. He has spoken on behalf of the Young Lawyers Section of the Erie County Bar Association on "Lawyer Advertising for the Small to Medium Size Firms," the New York State Bar Association on "No Fault Insurance," Hilbert College on "Civil Litigation and Trial Practice," and at numerous seminars on issues dealing with civil litigation. Mr. Zaccagnino earned his B.S. degree from Canisius College and his J.D. degree from Syracuse University. He is a member of the New York Trial Lawyers, the Western New York Trial Lawyers, the Erie County Bar Association (member, Negligence Committee) and the Association of Trial Lawyers of America.

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