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| From Event: Litigating the Uninsured & Underinsured Motorist Claim, held May 2012.
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Program Description
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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!
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Course Content
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- Evaluating the Case
- Key Elements of UM/UIM Coverage
- Reductions and Offsets
- Subrogation and Liens
- Ethical Traps to Avoid
- Discovery in Arbitration
- Utah's New UIM/UM Rules
- Presenting Your Best Claim at Arbitration
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 UT - Credit Approval Expiration 12/31/2012
* denotes specialty credits
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Agenda / Content Covered:
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- EVALUATING THE CASE
9:00 - 9:45, James Black - Initial Considerations for the Plaintiff
- Initial Considerations for the Defense
- Client Interview Pointers
- Recognizing an Auto Defect Case
- KEY ELEMENTS OF UM/UIM COVERAGE
9:45 - 10:30, Lewis Black - Understanding the Statutes
- Case Law and Legislative Update
- Policy Coverage Considerations
- Policy Exclusions and Limitations
- Hit and Run Coverage
- Policy Arbitration Requirements
- Stacking Coverage and Who Pays?
- Rental Vehicles
- REDUCTIONS AND OFFSETS
10:45 - 11:15, Albert W. Gray - Collateral Source
- Direct Indemnity for Medical Expense and for Basic Reparations Benefits
- Damages Paid by or on Behalf of Party Responsible for the Injury
- Damages Paid Under the Policy in Settlement of a Liability Claim
- Damages Paid Under Disability Benefit Law
- Workers' Compensation
- SUBROGATION AND LIENS
11:15 - 12:00, Albert W. Gray - Legal Elements of a Subrogation Claim
- Typical Documentation Necessary
- Subrogation of PIP
- ERISA
- Medicaid
- Medicare
- Bankruptcy
- ETHICAL TRAPS TO AVOID
1:00 - 2:00, Susan Dunn Black - Who is the Client?
- Multiple Representation
- Fee Agreements and Retention
- Guarding Against Malpractice
- DISCOVERY IN ARBITRATION
2:00 - 2:45, Nathan S. Morris - Basics of the Utah Uniform Arbitration Act
- Obtaining and Utilizing Discovery from the Underlying Liability Case
- Interrogatories, Requests, and Depositions
- Subpoenas and Medical Releases
- Locating and Preparing Experts
- Establishing and Evaluation Damages
- Motions in Arbitration Proceedings
- UTAH'S NEW UIM/UM RULES
3:00 - 3:45, Nathan S. Morris - Motion to Compel Arbitration
- Mandatory or Voluntary Arbitration
- Selecting the Arbitrator
- Uninsured Motorist Claims: Arbitration or Trial
- Underinsured Motorist Claims
- New Requirements for the Written Demand and Disclosure
- How the Adjuster's Settlement Authority is Restricted
- Obtaining or Avoiding an Award of Costs
- Arbitration Pros and Cons
- Proactive Steps to Avoid Bad Faith Claim
- PRESENTING YOUR BEST CLAIM AT ARBITRATION
3:45 - 4:30, Nathan S. Morris - Preparing Your Case and Your Client for Arbitration
- Proving and Disputing Damages
- Introducing Evidence
- Utilizing Expert Witnesses at Arbitration: Do they Matter?
- Direct and Cross-Examination in a "Relaxed Setting"
- Effective Opening and Closing Statements
- Motions Practice During Arbitration
- Vacating or Modifying an Arbitration Award
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ALBERT W. GRAY is a shareholder in the law firm of Smith & Glauser, where he focuses his practice in the area of personal injury law, handling both plaintiff and defense cases. He has been practicing law for 26 years and is a frequent lecturer to various professional groups on personal and auto injury matters, including uninsured and underinsured motorist law. Mr. Gray earned his B.S. degree from San Diego State University and his J.D. degree from McGeorge School of Law, University of the Pacific. He is a member of the Utah Trial Lawyers Association, the Defense Research Institute and the American Trial Lawyers Association. NATHAN S. MORRIS is a partner at Richards, Brandt, Miller & Nelson, P.C., where he currently is a board member and the firm's litigation group chair. His practice areas include public and private transportation litigation, as well as a broad array of personal injury litigation and insurance litigation, including UM/UIM claims. Mr. Morris has been lead counsel in over 100 arbitrations and mediations, and has successfully litigated 16 civil jury trials involving various personal injury and property damage claims. His reported cases include Smith v. Bank of Utah, 2007 UT App 89 and Triesault v. Greater Salt Lake Business Dist., 2005 UT App 489. Mr. Morris earned his B.A. degree from Brigham Young University, where he was also captain of the 3-time collegiate club champion BYU men's soccer team. He earned his J.D. degree from the University of Arkansas at Little Rock, while participating on law review and as chairperson of the UALR Moot Court team. Mr. Morris is a member of the American Bar Association and the Utah State Bar.
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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
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ACCREDITATION DETAILS:
Continuing Legal Education
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UT
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CLE:
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6.00
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Credit Approval Exp 12/31/2012
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National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program may qualify for up to 6.0 hours of self-study CLE credit for Utah attorneys, which includes 1.0 hour of ethical considerations.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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