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1. Case Intake, Pre-Suit Investigation
2. Insurance Coverage Research and Negotiations with the Claims Representatives
3. Initial Filing and Discovery, Experts and Evidence
4. Damages, Liens and Subrogation in Settlement Negotiations
5. Bad Faith
6. Ethics
7. Arbitration and Litigation: Preparation Tips and Hearing Strategies

Continuing Education Credits:   

* denotes specialty credits

1. Case Intake, Pre-Suit Investigation
   9:00 - 9:35, Stephen J. Fendler
   1. Case Screening
   2. Initial Client Interview/Questionnaire
   3. What You Can Find Out before the Claim
   4. Funding Auto Litigation
2. Insurance Coverage Research and Negotiations with the Claims Representatives
   9:35 - 10:20, Stephen J. Fendler
   1. Auto Insurance Policies: Interpretation, Issues and Hidden Treasures
      1. Auto Liability Coverage
      2. UM/UIM
      3. PIP/ Med Pay
      4. Multiple Policyholders
      5. Stacking of Coverage
      6. Available Limits
   2. Demand Packages
   3. Negotiating with the Adjuster
3. Initial Filing and Discovery, Experts and Evidence
   10:35 - 11:30, James A. Swetz
   1. Filing Procedure and Case Scheduling
   2. Anatomy of Common Injuries
   3. Witness Depositions
   4. Obtaining Medical Records
   5. Selecting and Working with Experts
   6. Evidence Preservation
4. Damages, Liens and Subrogation in Settlement Negotiations
   11:30 - 12:30, J. Scott Brady
   1. Assessing and Allocating Damages
      1. Vehicle Damage and Diminished Value
      2. Paid vs. Billed Medical Services
      3. Future Medical Bills
      4. Loss of Earning Capacity
      5. Pain and Suffering
   2. Medical Provider Liens
   3. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
   4. Tips for Successful Mediation
   5. Addressing Pending Liens in Settlement Negotiations
   6. Subrogation
   7. Practical Tips for Restarting Stalled Negotiations
   8. Structuring Settlements
5. Bad Faith
   1:30 - 2:20, James A. Swetz
   1. Definition of Bad Faith
   2. When Can a Bad Faith Claim be Brought?
   3. First Party Bad Faith vs. Third-Party Direct Actions
   4. Types of Bad Faith Claims in Auto Insurance Context
   5. Settlement Considerations
6. Ethics
   2:35 - 3:35, Stephen J. Fendler
   1. Preventing Conflicts of Interest
   2. Setting and Collecting Attorney Fees
   3. Maintaining Client Confidentiality
   4. Work-Product Doctrine as it Applies to Expert Witness Reports in Progress
   5. Insurance Defense Counsel Relationship with the Insured and Insurer
   6. Communicating with Represented Parties
      1. “CC,” “Reply All,” and Other E-mail Traps of Inadvertent Communication
      2. Plaintiff Attorneys' Communication with Represented Insurance Adjusters
      3. Investigators' Contact with the Opposing Party
7. Arbitration and Litigation: Preparation Tips and Hearing Strategies
   3:35 - 4:30, J. Scott Brady
   1. Arbitration Procedure and Tactics
   2. Evidence Strategies
   3. Preparing Witnesses for Testimony
   4. Jury Selection Tips
   5. Case Presentation Tactics
   6. Preserving Issues for Appeal

J. SCOTT BRADY is a partner at the Wilkes-Barre firm of Brady & Grabowski, P.C. Since 1980, Mr. Brady has focused his practice in the areas of civil litigation, including automobile accidents and injuries, workers' compensation, products liability and personal injury, as well as Social Security. He has lectured for the Pennsylvania Bar Institute on automobile cases, as well as being a frequent lecturer for attorneys on the topics of workers' compensation and trial law. Mr. Brady is a member of the Pennsylvania Trial Lawyers Association, the Pennsylvania Defense Institute, the Defense Research Institute, the Northeastern Pennsylvania Trial Lawyers Association the Pennsylvania Bar Association and the Wilkes-Barre Law and Library Association (chairman, Rules Committee). He earned his B.A. degree in economics/labor studies at Pennsylvania State University and his J.D. degree at Seattle University School of Law.

STEPHEN J. FENDLER is the principal of the law firm of Fendler and Associates, P.C., located in Kingston, where he practices primarily in the areas of personal injury, workers' compensation and Social Security disability. He has previously lectured at numerous seminars on handling auto accidents and workers' compensation claims. Mr. Fendler received his B.A. degree from the University of Pittsburgh and his J.D. degree from the Dickinson School of Law. He is a member of the Pennsylvania Association of Justice, the Civil Litigation and Workers' Compensation sections of the Pennsylvania Bar Association, the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Mr. Fendler's firm represents only injured victims and their families.

JAMES A. SWETZ is a member of the law firm of Cramer, Swetz & McManus, P.C., in Stroudsburg , Pa., where he concentrates on white collar crime, general criminal defense, automobile accidents and plaintiff's personal injury actions. Mr. Swetz is board certified in civil and criminal trial advocacy by the National Board of Trial Advocacy and was named a Pennsylvania Super Lawyer in 2007, 2009, 2010 and 2011. He earned his B.A. degree, cum laude, from Manhattan College and his J.D. degree cum laude, from Villanova University . He is a member of the Monroe County, Pennsylvania, Federal and American Bar Associations; The Florida Bar; American Association for Justice; Pennsylvania Association for Justice; National Association of Criminal Defense Lawyers; and Pennsylvania Association of Criminal Defense Lawyers (Vice President and Middle District Representative). He is also a member of the Lawyers' Advisory Committee to the Judges of the United States District Court for the Middle District of Pennsylvania.

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