Illinois Uninsured and Underinsured Motorist Law - Made Simple

Agenda / Content Covered

1. Illinois UM/UIM Insurance Law Fundamentals
   9:00 — 9:45, Michael Progar
   1. Legislative Update
   2. Statute of Limitations
   3. Court Filing Procedures and Deadlines
   4. Choice of Law and Venue
2. Clarifying UM/UIM Coverage - Carrier Obligations Made Simple
   9:45 — 10:30, Robert Kezelis
   1. Insurance Coverage Obligations
   2. Who's Covered? Defining "Family Member"
   3. Interpreting Exclusions in the Policy
   4. Policy Arbitration Requirements
   5. Lawsuit Threshold
   6. Finding Sources and Limits of Coverage
   7. Hit and Run Coverage
   8. Waiving Coverage
   9. "Arising out of Ownership, Maintenance or Use"?
3. Is the Motorist Underinsured? Easy Ways to Calculate Limits and Damages
   10:45 — 11:30, Robert Kezelis
   1. State Case Law
   2. Calculating Liability Limits
   3. Proof, Quantification, and Calculation of Damages/Injuries
   4. How Much the Policy Covers
   5. Loss of Earning Capacity and Future Lost Wages
   6. Pain and Suffering Damages
   7. Medical Bills
   8. Offsets and Reimbursements
   9. Stacking Made Simple
4. Medical Discovery Basics for UM/UIM Cases
   11:30 — 12:00, Robert Kasieta
   1. Review of Medical Bills and Records
   2. Physical Examination of the Injured Person
   3. Doctor Deposition - Plaintiff and Defense Strategies
5. UNDERinsured Motorist Case Mechanics - Real-Life Case Scenarios
   1:00 — 1:45, Robert Kasieta
   1. Injury Claims Due to Vehicle Operation, Maintenance and Use
   2. Naming Multiple Parties to the Lawsuit
   3. Filing the Underinsured Motorist Claim With Insurance Company
   4. Accident Scene Discovery Strategies Unique to UIM Cases
   5. Sample Demand, ROR Letters, and Insurance Forms
   6. Tips for Working With the Liability Insurance Adjuster
6. UNinsured Motorist Case Mechanics - Real-Life Case Scenarios
   1:45 — 2:30, T. Kevin Knight
   1. Client Intake Tips Specific to the Uninsured Motorist Case
   2. Burden of Proof - On Insured or Insurer?
   3. Hit and Run Accident Scene Investigation
   4. Sample Initial Pleadings and Motions Specific to Uninsured Motorist Cases (With Examples)
   5. Does the Insurer Have Subrogation Rights to UM Benefits?
7. UM/UIM Arbitration and Settlement Strategies
   2:45 — 3:30, T. Kevin Knight
   1. Mandatory Arbitration Clauses in Policies
   2. The Timing and Form of Demand
   3. Waiver of Arbitration
   4. Issues Subject to Arbitration
   5. Overturning and Modifying Arbitration Award
   6. Filing Award as Judgment
   7. Discovery
   8. Arbitration Procedures
8. Ethics in UM/UIM Cases
   3:30 — 4:30, Michael Progar
   1. Conflicts of Interest
   2. Bad Faith Considerations
   3. Subrogation
   4. Settlement
   5. Valuing the Claim
   6. Informed Consent

Accreditation Details:

Robert J Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

Robert A Kezelis is a sole practitioner in Palos Heights, Illinois, where he practices in the areas of civil litigation, family law, and complex litigation. He is a former adjunct professor at John Marshall Law School, and in 1991, he was the first American professor invited to teach in Lithuania after the collapse of the Soviet Union. Mr. Kezelis has spoken for various professional groups on topics related to his areas of practice. He earned his B.A. degree from Northwestern University and his J.D. degree from John Marshall Law School. Mr. Kezelis is a member of the Chicago (member, Professional Responsibility, Civil Practice and Judicial Evaluation committees), Illinois State, and Lithuanian American (former president) bar associations, as well as the Illinois Trial Lawyers Association.

T. Kevin Knight is a partner in the law offices of DSK Law. Mr. Knight is board certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, he has generally focused on personal injury litigation. Mr. Knight earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.

Michael J Progar is a partner and founding member of Doherty & Progar LLC, with nearly 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, insurance coverage, fraud, excess liability, and bad faith. He is admitted to practice in the States of Wisconsin, Indiana and Illinois, and is a member of the Defense Research Institute, the CLM, and Wisconsin Defense Counsel. Mr. Progar received his B.A degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.