Analyze the more difficult aspects of UM/UIM practice from both sides of the table. This detailed analysis includes case studies on difficult policy interpretation and practical tips for drafting briefs and negotiating settlements. Find out how your colleagues approach these challenges and enhance your practice. Order today!

1. Researching the Issues of Coverage
2. Mediating/Settling a UM/UIM Claim
3. Ethical Considerations
4. Strategies for Handling the Liability Limits Offer
5. UM/UIM Artibration Step-by-Step
6. UM/UIM Litigation Considerations

Researching the Issues of Coverage
9:00 - 10:00, Gerald J. Hanchulak

• Sources of Coverage
• What Triggers Coverage?
• Exhaustion and Set-Off
• The Limits of Available Coverage
• Stacking
• Reducing Clauses
• Exclusions
• No-Fault vs. Intentional Act
• PIP

Mediating/Settling a UM/UIM Claim
10:15 - 11:15, Gerald J. Hanchulak

• Defining “Legally Entitled to Recover”
• Preparation and Preservation of Claims
• Successful Motions and Pleadings
• Addressing Punitive Damages
• Liens and Subrogation Claims Strategies
• Determining Priority
• Insurer's Duty of Disclosure to the Insured
• Bad Faith in UM/UIM
• What to do with Pre-Judgment Interest, Costs and Attorneys' Fees
• Tips for Improving Your Negotiations Success

Ethical Considerations
11:15 - 12:15, James A. Swetz

• Avoiding Conflicts of Interest When Representing Multiple Parties
• Guarding against Malpractice
• Preserving Attorney-Client Privilege

Strategies for Handling the Liability Limits Offer
1:15 - 2:15, Howard Rothenberg

• Setting a Time to Respond
• Reasonable Time to Investigate
• Providing Enough Information to Make a Decision
• What to do with Excess Verdict
• Issues of Collateral Estoppel may Bind You in Subsequent UIM Case
• Is it Possible to Collect Twice? (If plaintiff gets an excess award that is paid by the carrier or the underinsured party, does the UIM carrier get the benefit of such?)

UM/UIM Arbitration Step-by-Step
2:30 - 3:30, Howard Rothenberg

• The Timing and Form of Demand
• Waiver of Arbitration
• Issues Subject to Arbitration
• Discovery Rights
• Recovery of “Expenses” and Attorneys' Fees
• Motions
• Drafting a Concise Arbitration Submission
• Expert Treatment
• Arbitration Hearing
• Introducing Evidence
• Modifying or Overturning Arbitration Award by Court
• Filing Award as Judgment

UM/UIM Litigation Considerations
3:30 - 4:30, James A. Swetz

• Drafting and Service of the Complaint Naming the Insurance Company as Defendant
• Responding to Pleadings
• Discovery
• Adding Bad Faith and Probable Resulting Discovery and Bifurcation Issues
• Offers of Judgment
• Framing the Issues for Trial
• Expert and Lay Witness Testimony Tips
• Jury Instructions
• Telling the Jury the Underlying Case
• Punitive Damages and Aggravated Circumstances of the Collision

GERALD J. HANCHULAK is a partner in the Scranton law firm of O'Malley, Harris, Durkin & Perry, P.C. Mr. Hanchulak has been practicing law for more than 20 years and currently practices in the areas of auto and products liability, bad faith; fire loss and employment law. He earned his B.A. degree from Kings College and his J.D. degree from the University of Bridgeport. Mr. Hanchulak has lectured on bad faith to the insurance industry, on construction litigation to the construction industry and provided continuing medical education lectures to the health care industry. He is a frequent lecturer for National Business Institute on uninsured and underinsured motorist claims. He is a member of the Lackawanna County, Middle District of Pennsylvania, Eastern District of Pennsylvania, Federal Court of Claims and Pennsylvania bar associations; the Wilkes-Barre Law Library Association; and the Pennsylvania Association for Justice.

HOWARD ROTHENBERG is a senior partner at Herlands Rothenberg & Levine, and has been practicing law since 1983. A graduate of Rutger's University of New England School of Law, he has successfully litigated and garnered some of the largest awards in Lackawanna County as well as several surrounding counties. Mr. Rothenberg concentrates his practice in civil litigation, including personal injury, insurance defense, partnership, and corporate and wrongful termination. He is admitted to practice in all of the federal jurisdictions, as well as county jurisdictions, in the Commonwealth of Pennsylvania. In addition, Mr. Rothenberg has litigated cases in the states of New Jersey, New York and Maryland, as well as Commonwealth of Virginia. He also has appeared before the U.S. Supreme Court. Mr. Rothenberg has earned various honors from both the local bar association, as well as the Pennsylvania Bar Association, has recently been accepted as a senior member of the Pennsylvania Disciplinary Hearing Board, and has earned various appointments as a federal mediator.

JAMES A. SWETZ is a member of the law firm of Cramer, Swetz & McManus, P.C., where his practice is focused on criminal defense, DUI/DWI, drug crimes, felonies, homicide, misdemeanors, white collar crime, juvenile law, personal injury, automobile accidents and injuries, slip and fall, wrongful death, dog bites, products liability, civil rights and litigation. Mr. Swetz is board certified in civil and criminal trial advocacy by the National Board of Trial Advocacy and was listed as a Pennsylvania Super Lawyer in 2007 and 2009. He earned his B.A. degree, cum laude, from Manhattan College and his J.D. degree, cum laude, from Villanova University. Mr. Swetz is a member of the Monroe County, Pennsylvania, Federal and American bar associations; The Florida Bar; American Association for Justice; National Association of Criminal Defense Lawyers; and Pennsylvania Association of Criminal Defense Lawyers (board of directors, 2005).

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