Augment your insurance knowledge with the cutting-edge, concrete skills you need to avoid traps and reach your goal in the next bad faith case. Whether you're counsel for the plaintiff, the defense, or are an insurance professional trying to prevent bad faith claims, you won't find instruction this practical anywhere else.

1. Emerging Issues and Current Laws
2. Identifying the Type of Tort, Related Causes of Action and Damages
3. Gain a New Perspective of Pre-Trial Practice
4. Gather Information Critical to Your Case
5. Consider the Ethical Consequences: It's Legal, But is it Right?
6. Successful Courtroom Strategies
7. Avoiding Bad Faith Claims for the Insurance Professional: Complying With the Unfair Claim Settlement Practices Act

1. EMERGING ISSUES AND CURRENT LAWS
   9:00 - 9:45, W. Scott Fewell
   1. Legislative Overview: What the Courts are Ruling
   2. New Case Law Development - Interpreted
   3. Other Emerging Issues
2. IDENTIFYING THE TYPE OF TORT, RELATED CAUSES OF ACTION AND DAMAGES
   9:45 - 10:45, Joseph A. Greenbaum
   1. First-Party Claims
      1. Types of Claims
      2. The Insurer's Responsibility
      3. Settlement Issues
   2. Third-Party Claims
      1. Types of Claims
      2. Settlement Issues
   3. Exploring Related Causes of Action
      1. Fraud
      2. Negligence
      3. Breach of Contract
      4. Statutory Breach
   4. What to Consider When Figuring Damages
      1. Emotional Distress
      2. Interest
      3. Attorneys' Fees and Costs
      4. Punitive Damages
3. GAIN A NEW PERSPECTIVE OF PRE-TRIAL PRACTICE
   11:00 - 12:00, W. Scott Fewell
   1. The Plaintiff's Preliminary Steps:
      1. Communicate With Insurer and Thoroughly Review the Policy
      2. Choose the Cause of Action and Establish Damages
   2. The Insurer's Guidelines:
      1. Preliminary Negotiation Strategies
      2. Know the Types of Responsive Pleadings
   3. The Use and Selection of Experts
   4. Key Tactics in Arbitration and Settlement
   5. How-to's for Establishing Choice of Venue
   6. Potentially Explosive Traps to Avoid
4. GATHER INFORMATION CRITICAL TO YOUR CASE
   1:00 - 1:45, Joseph A. Greenbaum
   1. Information You Absolutely Need - Where to Find It
   2. Eliminate Headaches When Drafting and Using Interrogatories and Related Documents
   3. Cover All Your Bases When Requesting Documents
   4. Utilize Requests for Admission and Save Time
   5. Your Obligation to Produce and Respond to Discovery
   6. When and Who to Depose and How to Prepare Witnesses
   7. Streamline Your Job With Sample Discovery Forms and Requests
5. CONSIDER THE ETHICAL CONSEQUENCES: IT'S LEGAL, BUT IS IT RIGHT?
   1:45 - 2:45, Toni Clithero
   1. Protect the Attorney-Client Privilege
   2. How the Advice of Counsel Defense Can Become an Issue
   3. The Ethical Pitfalls in Contacting Witnesses
6. SUCCESSFUL COURTROOM STRATEGIES
   3:00 - 4:00, Toni Clithero
   1. Evaluate Your Options for Summary Judgment
   2. Clarify Common Misconceptions About Motions
   3. Voir Dire: The First Essential Step in Winning the Case
   4. What You Must Accomplish in Opening and Closing Statements
   5. How to Create an Order of Witnesses
   6. What to do When You Have a "Bad" Witness
   7. Guidelines for Using Discovery and Evidentiary Issues
   8. Handling Post-Trial Procedures and Appeal
7. AVOIDING BAD FAITH CLAIMS FOR THE INSURANCE PROFESSIONAL: COMPLYING WITH THE UNFAIR CLAIM SETTLEMENT PRACTICES ACT
   4:00 - 4:30, W. Scott Fewell

TONI CLITHERO is an assistant attorney general for the Vermont Agency of Transportation, where she does general counseling and litigation related to matters in construction contracts and employment. Prior to become an AAG, she was the securities enforcement attorney for the State of Vermont with Banking Insurance Securities and Health Care Administration (BISHCA). Ms. Clithero earned her B.S. degree from Newcomb College and her J.D. degree (cum laude) from Tulane University. She is a member of the Board of Directors for Vermont Horse-Assisted Therapy (V.H.A.T.).

W. SCOTT FEWELL is an attorney with the law firm Burak Anderson & Melloni PLC, in Burlington, Vermont, where his main areas of practice are commercial litigation, as well as antitrust, land use, zoning, intellectual property and employment. Mr. Fewell earned his B.A. degree from the LeTourneau University, his J.D. degree from the Vermont Law School and his M.A. degree from the University of Texas at Arlington. He is a member of the American and Pennsylvania bar associations.

JOSEPH A. GREENBAUM is a highly experienced litigator with a consistent track record of successfully handling and resolving complex litigation matters. For more than 25 years, Mr. Greenbaum's career focus has been construction litigation, construction contracts and construction insurance coverage. Since 2005, he has practiced construction law in Vermont, where he has represented the majority of Vermont's top ten construction entities. During this period, Mr. Greenbaum has litigated numerous multi-million dollar matters involving luxury condominiums, public work projects, and major roadway projects.  He also has been charged with the prosecution of numerous six and seven-figure claims against the Vermont Agency of Transportation. Prior to opening his own practice, Mr. Greenbaum was a senior attorney at one of Vermont's best known construction law firms. Previously, he was specially retained by Vermont's second largest law firm as a litigation consultant for major cases. Mr. Greenbaum earned his B.A. degree from Rutgers University and his J.D. degree from California Western School of Law.

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