30 Mistakes to Avoid When Negotiating Insurance Claims

Agenda / Content Covered

All times are shown in Eastern time

1. 5 Myths and Misunderstandings of How Insurance Companies Evaluate Claims
   10:00 - 11:00, Scott R. Halloin
2. 5 Fatal Weaknesses of a Claim and What to Do About Them
   11:00 - 11:30, Kenneth B. Pennywell
3. 4 Critical Demand Letter Mistakes
   11:45 - 12:45, Kenneth B. Pennywell
   1. Overlooked Policy Limits
   2. Asking for too Much or too Little
   3. Language: Too Aggressive vs. Too Conciliatory
   4. Supporting Information: Divulging too Much or too Little
4. 5 Ways to Stall the Negotiations with Insurance Companies
   1:15 - 2:00, Kenneth B. Pennywell
5. 7 Mistakes That Leave Money on the Negotiating Table
   2:00 - 2:45, Kenneth B. Pennywell
   1. Rushing the Settlement
   2. Positional Bargaining
   3. Fear
   4. Arrogance
   5. Not Listening
   6. Talking too Much
   7. Not Knowing When the Deal is Good
6. 4 Missed Opportunities When Insurers Cross the Line
   3:00 - 4:00, Scott R. Halloin
7. Preventing Legal Ethics Oversights
   4:00 - 5:00, Scott R. Halloin
   1. Attorneys' Fees
   2. Truth in Statements and Effective Negotiations
   3. Informing Clients on the Early Negotiations Low-Ball Offers
   4. Preserving Confidentiality
   5. Avoiding Conflicts of Interest
   6. Unacceptable and Abusive Negotiating Methods

Accreditation Details:

SCOTT R. HALLOIN is a shareholder and one of the founding attorneys of Halloin Law Group, S.C., licensed in both Wisconsin and Illinois. He is one of the most experienced construction and real estate litigators in Wisconsin, as recently recognized in M Magazine. Mr. Halloin also is the author of the Wisconsin Section of the American Bar Association’s seminal industry treatise, Construction Law. He has logged thousands of hours of in-trial experience and hundreds of motions and witness examinations in construction related cases and arbitrations, and related insurance claim concerns. Mr. Halloin was one of the first, and remains one of a select handful of lawyers in the Midwest, to practice in a narrow subset of commercial and residential construction and real estate litigation, concerning toxigenic mold issues. He pioneered the development of the continuous trigger theory, and developed the means and methods of navigating property damage exclusions. Mr. Halloin earned his J.D. degree from Northwestern University School of Law.

KENNETH B. PENNYWELL is an attorney with Franklin D. Azar & Associates, P.C., where he practices in the areas of personal injury, civil litigation, and attorney ethics. Mr. Pennywell formerly served as an assistant district attorney for the First Judicial District in Shreveport, Louisiana, and served on the Colorado Supreme Court's Standing Committee on Rules of Professional Conduct from 2006-2009. He worked for seven years with the Colorado Supreme Court Office of Attorney Regulation as a trial attorney, handling ethical violations on the part of Colorado licensed attorneys. Mr. Pennywell is a member of the Colorado and Louisiana State bar associations, and a former member of the National District Attorney Counsel. He earned his B.A., and J.D. degrees, from Southern University in Baton Rouge, Louisiana.