Auto Injury: Insurance, UM/UIM, Bad Faith, Liens, and Subrogation Issues

Agenda / Content Covered

1. Insurance Coverage Research and Negotiations With Claims Representatives
   10:00 — 10:45, Thomas McDonald
   1. Auto Insurance Policies: Interpretation, Issues, and Hidden Treasures
   2. Demand Packages
   3. Negotiating With the Adjuster
2. Uninsured/Underinsured Motorist Coverage
   10:45 — 11:30, Thomas McDonald
   1. Was the Policy in Effect?
   2. Who is Insured? What Vehicles are Insured?
   3. Covered Events
   4. Exclusions
   5. Duties and Coverage Conditions
   6. Hit-and-Run Accidents
   7. Limits and Stacking
   8. Offsets
3. UM/UIM Claims and Litigation
   11:45 — 12:30, Dustin Woehl
   1. Valuing the Claim - Does it Exceed Policy Limits?
   2. Notice of Claim
   3. Discovery
   4. Settlements and Releases
   5. Coverage Disputes and Litigation
4. Insurance Coverage in Ridesharing Accidents
   12:30 — 1:00, Dustin Woehl
5. Bad Faith
   1:30 — 2:15, Charles Kramer
   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. Liens and Subrogation: ERISA, Medicare, Medicaid, and More
   2:15 — 3:45, Dustin Woehl
   1. Investigation and Communication
   2. Negotiations and Reduction
   3. Addressing Pending Liens in Settlement Negotiations
   4. Hospital/Medical Provider Liens
   5. ERISA Subrogation Liens
   6. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
   7. Medicaid Liens
   8. Workers' Compensation
7. Legal Ethics
   4:00 — 5:00, Charles Kramer
   1. Conflicts of Interest
   2. Attorneys' Fees
   3. Managing Client Expectations
   4. Preserving Confidentiality and Privilege
   5. Communicating With Represented and Unrepresented Persons

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 Courts 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.

 

Thomas P McDonald is a shareholder and personal injury trial attorney with McDonald Law Office, S.C., in Janesville, Wisconsin. He has appeared in various courtrooms in Southern Wisconsin and also argued a wrongful death action in the Federal District Court for the District of Kansas. In 2014, Mr. McDonald was named to The National Trial Lawyers: Top 40 Under 40 in Wisconsin. He earned his master's degree in accounting from the University of Wisconsin-Whitewater and worked at a large insurance company prior to attending law school. Mr. McDonald earned his Juris Doctorate degree from Saint Louis University Law School.

Dustin T Woehl is a shareholder with the law firm of Kasdorf Lewis & Swietlik SC, where he practices in the areas of appellate law, litigation, and insurance defense. Mr. Woehl frequently presents continuing legal education seminars on a variety of topics, including premises liability, insurance coverage, personal injury litigation, and legal ethics. Mr. Woehl is a member of the State Bar of Wisconsin and Wisconsin Defense Counsel. He is licensed to practice in front of the Eastern and Western districts of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit. Mr. Woehl earned his B.A. degree from Carleton College and his J.D. degree from the University of Pennsylvania Law School.