Attorney's Guide to Uninsured/Underinsured Motorist Coverage

Agenda / Content Covered

1. Determining Coverage - "Insured," "Occupying," and More
   10:00 — 10:45, Martin Pujolar
   1. Introduction to UM/UIM Coverage
   2. Defining "Uninsured" and "Underinsured" Motor Vehicle
   3. Calculating Damages and Liability Limits
   4. Is Coverage in Place?
   5. Classes of Insureds
   6. "Relative" and "Resident" - Key Court Findings
   7. "Occupying" an Insured Vehicle
   8. "Insured" under Business Policies
   9. "Arising Out of the Ownership, Maintenance, and Use"
   10. Hit-and-Run/Miss-and-Run Coverage
   11. Case Law Review
2. UM/UIM Exclusions and Limitations (w/Case Law)
   10:45 — 11:30, Martin Pujolar
   1. Vehicles Excluded From Classification as UM/UIM Vehicles
   2. Family/Household Exclusion
   3. Regularly-Used Non-Owned Vehicle Exclusions
   4. Business Use and Other Common Exclusions
   5. Benefits Exclusions and Offsets
3. Conditions/Procedural Issues and Questions of Prejudice
   11:45 — 12:30, Charles Kramer
   1. UM/UIM Carrier Rights and Options
   2. Statute of Limitations Issues
   3. Insured's Delay/Lack of Notice - When Will it Bar Recovery?
   4. Formal Proof of Loss
   5. Exhaustion of Tortfeasor's Liability Policies
   6. Issues in Claims Involving Multiple Tortfeasors and/or Claimants
   7. Settling With the UM/UIM Carrier First
   8. Consent to Settle and Resolution by Settlement
   9. Consent to Sue and Resolution by Judgment/Verdict
   10. Duties Owed by UM/UIM Insurer to Claimant
4. Stacking Made Simple
   1:00 — 1:45, Martin Pujolar
   1. Intrapolicy Stacking
   2. Interpolicy Stacking
   3. Limitations on Stacking
   4. Stacking under Commercial Policies
   5. Multiple Coverages - Prioritizing Payment Order
   6. Apportionment Issues: Multiple Vehicle Accidents
5. Subrogation Rights Clarified
   1:45 — 2:30, Charles Kramer
   1. Subrogation Rights of a UM/UIM Carrier
   2. Waiver of Subrogation
   3. Carriers' Rights of Subrogation Against UM/UIM Benefits
   4. Case Law Review
6. Bad Faith: When Does UM/UIM Carrier Conduct Cross the Line?
   2:45 — 3:30, Charles Kramer
   1. Failure to Conduct a Prompt and Reasonable Investigation
   2. Delays and Denials of Coverage
   3. Bad Faith Settlement Practices; Inadequate Offers
   4. Failure to Offer/Advise on UM/UIM Coverages and Limits
   5. Bad Faith Conduct During Litigation
   6. Case Law Review
7. Conflict of Laws Issues
   3:30 — 4:00, Charles Kramer
8. Legal Ethics
   4:00 — 5:00, Charles Kramer
   1. Preserving Confidentiality
   2. Avoiding Conflicts of Interest
   3. Competency
   4. Attorneys' Fees

Accreditation Details:

CHARLES W. KRAMER is an attorney at Hennessy & Roach, P.C., where his practice has included insurance defense and subrogation. In the past, Mr. Kramer has practiced in the area of plaintiff's personal injury and workers' compensation. He also has handled environmental and civil rights cases. Mr. Kramer is admitted to practice before the U.S. District Court for the Eastern and Western districts of Wisconsin. He has been admitted pro hac vice in both the Eastern and Western districts of Arkansas. Mr. Kramer earned his B.A. degree, with general honors, from the University of Chicago; and his J.D. degree, cum laude, from the University of Wisconsin Law School. He is a member of the State Bar of Wisconsin.

MARTIN J. PUJOLAR is a shareholder at Forsberg & Umlauf, P.S. His practice areas include construction defect, general liability, personal injury, product liability, insurance coverage, employment, UIM, and insurer bad faith/extra contractual liability litigation. Mr. Pujolar is a member of the King County, Pierce County, Washington State, and District of Columbia bar associations; State Bar of Nevada; and the Washington Defense Trial Lawyers. He earned his B.A. degree from the University of Puget Sound and his J.D. degree, cum laude, from Gonzaga University School of Law.