Agenda / Content Covered

1. Case Intake, Pre-Suit Investigation
   9:00 - 9:45, Harvey J. Garod
   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
   9:45 - 10:15, Doreen F. Connor
   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
   10:30 - 11:30, Gregory M. Eaton and Philip R. Waystack Jr.
   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, Christine Hummel
   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. Medicaid and the VA
   4. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
   5. Tips for Successful Mediation
   6. Addressing Pending Liens in Settlement Negotiations
   7. Subrogation
   8. Practical Tips for Restarting Stalled Negotiations
   9. Structuring Settlements
5. Bad Faith
   1:30 - 2:15, Doreen F. Connor
   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
   2:30 - 3:30, Gregory M. Eaton
   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
   3:30 - 4:30, Gregory M. Eaton and Philip R. Waystack Jr.
   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

Accreditation Details:

DOREEN F. CONNOR is a shareholder with the law firm Primmer Piper Eggleston & Cramer PC, in Manchester, New Hampshire, where she practices in the areas of trial and appellate litigation. During her 32 year career she has handled more than 180 Supreme Court appeals. Ms. Connor's appellate practice encompasses a wide variety of subject areas including, insurance coverage, domestic relations, negligence and zoning. In addition to her appellate practice, she also represents individuals, business owners, and insurance companies in insurance coverage trial litigation involving homeowner, auto, and general liability insurance policies. Ms. Connor wrote the post-trial motions and appellate procedure chapter of the MCLE's treatise, A Practical Guide to Divorce in New Hampshire, and the New Hampshire chapter on appellate practice for the ABA Appellate Practice Compendium. She is a fellow of the American Academy of Appellate Lawyers. Ms. Connor earned her B.A. degree from Bates College and her J.D. degree from the University of Maine.

GREGORY M. EATON is a shareholder with the law firm of Primmer Piper Eggleston & Cramer PC. He has been a trial attorney since 1993, and his practice includes the state and federal courts of Vermont and New Hampshire, with a focus on insurance coverage and bad faith litigation, personal injury, commercial and employment litigation. Mr. Eaton has lectured regularly on issues of insurance coverage, insurance claims handling, and professional ethics and responsibility. He is admitted to practice in Vermont, New Hampshire and Massachusetts, and before the U.S. District Court for the Districts of Vermont and New Hampshire. Mr. Eaton is a member of the Vermont and New Hampshire bar associations. He earned his B.A. degree from Boston College, his M.A. degree from the University of Massachusetts and his J.D. degree from Vermont Law School. Mr. Eaton is a fellow of the American College of Trial Lawyers.

HARVEY J. GAROD is a sole practitioner in Laconia, New Hampshire. He is a member of the New Hampshire Bar Association and The Florida Bar. Mr. Garod is admitted to practice in New Hampshire and Florida, the U.S. Court of Appeals 1st Circuit, the Federal District Court of New Hampshire, and the Middle and Southern District Courts of Florida. He is a certified neutral with the New Hampshire Supreme Court. His practice focuses on personal injury/auto, premise liability, litigation, mediation and appellate law. Mr. Garod earned his B.A. and M.A. degrees, magna cum laude, from the University of New Hampshire, and his J.D. degree, with honors, from the University of Florida College of Law.

CHRISTINE HUMMEL is the president and founder of Hummel Consultation Services, a national legal consultation practice specializing in the application of the Medicare Secondary Payer Act to workers' compensation, liability and no fault cases. She is an active attorney with licensure in the state of Colorado. With more than 17 years of experience in Medicare compliance, Ms. Hummel is a published author and popular speaker on a wide array of topics related to Medicare compliance. She is a member of the American Bar Association (Health Law Section) and the Colorado Bar Association, and includes with her legal experience work in Medicaid, probate, and elder law. Ms. Hummel donates a significant amount of time volunteering with the Federal Park Service, giving presentations on the roles of women during the American War of Independence. She earned her B.S. degree from the University of Southern California and her J.D. degree from the University of Denver College of Law.

PHILIP R. WAYSTACK JR. is a partner in the law firm of Waystack Frizzell Trial Lawyers with offices in Colebrook, Berlin and Lancaster. Since 1974, Mr. Waystack has primarily practiced as a trial lawyer, concentrating his practice in personal injury litigation for those injured by the carelessness of others or by dangerous products. He is a fellow of the American College of Trial Lawyers. He has been listed in Best Lawyers in personal injury litigation and criminal defense for more than 15 years. He has also been selected as a New England Super Lawyer numerous times. Mr. Waystack also served as president of the New Hampshire Bar Association (1986-1987). He served as co-chair of Governor Lynch’s Judicial Selection Commission for seven years (2005-2012). He previously served as a member of Governor Jeanne Shaheen’s Judicial Selection Commission from 2000-2003. Mr. Waystack was appointed by the New Hampshire Supreme Court to serve on the Court’s Professional Conduct Committee (PCC) from 1996-2003. He later served as a member of PCC Hearings Panel from 2004-2013. He co-chaired, along with Supreme Court Justice Robert Lynn, the PAD Rules Committee. Mr. Waystack also currently serves as a member of the Board of Directors of the New Hampshire Public Defender Program. He also serves as a director on the northern region board of CASA. He received the Distinguished Service to the Legal Profession Award from the New Hampshire Bar Association in 2012. He was awarded the Lifetime Achievement Award by the New Hampshire Association for Justice in 2017. He earned his B.S. degree from Stonehill College and his J.D. degree from Suffolk University School of Law.