Agenda / Content Covered

1. Insurance Law Update, Trends and Recent Developments
   9:00 - 9:30, Michael K. Lulich
2. Creatively Framing Your Coverage Position
   9:30 - 10:15, Scott A. Weathers
   1. Key Insured/Insurer Rights/Protections
   2. Duty of Good Faith, Defend and/or Indemnify
   3. Sample Coverage Denial and ROR Letter
   4. Case Intake of the Coverage Case - Advanced Screening
   5. Informal Investigation Strategies
   6. Delayed/Denied Payment: Negligence or Bad Faith
   7. Is the Insurer's Duty Triggered by the Complaint?
   8. Whose Coverage is Potentially Triggered?
   9. Court Definition of "Occurrence"
   10. Allegations of the Complaint
   11. Pleading Ambiguity or Bad Faith
3. Digging Deep Into the Policy and Claim File: What Insurance Companies Don't Want You to Find
   10:30 - 11:15, Sean M. Hirschten
   1. Insurance Contract Investigation
      1. Rules of Construction and Interpretation (Case Law)
      2. "Claims-Made"/"Occurrence"/"Self-Consuming"/"Burning Limits"
      3. Coverage Sources; Limits; Cancelation; Reinstatement Issues
      4. Did the Damages Occur Within the Policy Period?
      5. Number of Occurrences?
      6. "Four Corners," "Eight Corners," "Extrinsic Evidence"
      7. Using Extrinsic Evidence to Interpret Language
      8. Voluntary Payment Clause Clarification
   2. Claim File and Underwriting File
      1. Addressing HEARSAY Allegations
      2. Process/Procedures
      3. Denial/Approval of Claim
      4. Expert Assistance Available on Claims
   3. Discovery of Extra-Contractual Materials
4. How to Use Exclusions, Ambiguous Terms and Conditions as Evidence
   11:15 - 12:00, Sean M. Hirschten
   1. Key Parts of the Policy, Terms and Definitions
   2. Using Exclusions as Evidence
   3. Ambiguity in the Policy Terms
   4. Is the "Excluded Event" the Cause of a "Covered Event"?
   5. Exclusions That Preclude Coverage
   6. Exclusions Within Exclusions
5. Strategies Used to Delay/Deny Claims
   1:00 - 1:15, Mike Schultz
   1. Review of Assignment From the Adjuster
   2. Good Faith vs. Bad Faith Denial of Coverage
   3. Rules of Rescission/Contract Avoidance: What the Insurer Must Prove
   4. Preservation of Coverage Defenses: Case Law
   5. Sample ROR and Coverage Denial Letter
   6. Pre-Suit Investigation
   7. Using the Cooperation Clause
   8. Best Ways to Withhold Critical Parts of the Claims File
   9. Examination Under Oath Tactics
   10. Action for Declaratory Relief
   11. Tendering Policy Limits to Satisfy the Claim
6. Negotiation Secrets Insurers Don't Want You to Know
   1:15 - 2:00, Michael K. Lulich
   1. Proper Investigation of the Claim
   2. Proving Insurer's Conduct is Unreasonable/Reckless
   3. Resolving Conflicts with Adjuster
      1. "Reasonable Expectation of a Defense"
      2. "Ambiguity in Policy"
      3. "Actual Controversy"
   4. Negotiating Recoverable Damages
7. Underwriter Depositions
   2:00 - 2:30, Steven K. Huffer
8. Bad Faith and Breach of Contract Litigation
   2:45 - 3:30, Mike Schultz
   1. Bifurcation of the Claims?
   2. Venue, Jurisdiction, Choice of Law, Timing
   3. Satisfying the Definition of "Suit"
   4. State Recognition of Bad Faith
   5. Examples of Real-Life Insurer Misconduct
   6. Creatively Employing Motions in Limine
   7. Recovery of Emotional Distress, Economic Loss
   8. Pursuing Punitive Damages
   9. Voir Dire of the Tort/Contract Case
   10. Displaying the Policy to Show Bad Faith
9. Upholding Ethical Standards
   3:30 - 4:30, Cari L. Sheehan
   1. Loyalty to a Client vs. Conflicts of Interest
   2. Representing the Insured at the Insurer's Expense
   3. Principles of Imputed Disqualification
   4. Conflicts Arising From Witness Contacts

SEAN M. HIRSCHTEN is a litigation attorney with the Indianapolis law firm of Plews Shadley Racher & Braun LLP. He practices in a variety of areas including insurance coverage, complex litigation and business services. Mr. Hirschten has handled insurance coverage cases for a variety of clients, including a multinational consumer electronics company, a pet food processor and an individual seeking coverage for an auto accident. He is a member of the Indianapolis and the Indiana State bar associations. Mr. Hirschten earned his B.A. degree from Appalachian State University in Boone, North Carolina; his M.A. degree from Western Carolina University in Cullowhee, North Carolina; and his J.D. degree, magna cum laude, from the Indiana University Maurer School of Law, where he was Order of the Coif.

STEVEN K. HUFFER is a partner with SK Huffer & Associates PC, where he practices in insurance law, civil litigation and federal civil practice. He received his B.A. degree, magna cum laude, from Carleton College and J.D. degree, summa cum laude, from Indiana University. Mr. Huffer is a member of the Indianapolis, Indiana State and American bar associations.

MICHAEL K. LULICH is the owner and managing attorney for the Plainfield Indiana based law firm of Michael K. Lulich & Associates, where he practices in the areas of civil litigation defense, for both insurance carriers and self-insured entities, and insurance coverage. Mr. Lulich represents defendants in Indiana statewide. He has authored articles and lectured in the areas of premises liability, trial technique and procedure, and insurance law. Mr. Lulich is admitted to practice law in Illinois and Indiana. He earned his B.A. degree from Wabash College and his J.D. degree from DePaul University.

MIKE SCHULTZ is a partner with Parr Richey Frandsen Patterson Kruse LLP. He concentrates his practice on representing commercial and residential policyholders in high risk, high value disputes over insurance claims and claim handling. He frequently litigates large property damage cases involving claims of breach of the insurance agreements and bad faith by insurance companies, as well as claims against third parties for personal injuries and property damage. Mr. Schultz has litigated extensively in the areas of employment law, civil rights, toxic torts, unincorporated associations, and general contract disputes. He routinely handles employment related disputes, representing both businesses and employees. He lectures frequently on insurance litigation matters and federal employment law compliance. Mr. Shultz represents clients in both state and federal appeals and has presented oral arguments before the Seventh Circuit Court of Appeals, the Indiana Supreme Court and the Indiana Court of Appeals. He is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit, all federal district courts in Indiana, the Indiana Supreme Court and in all Indiana state courts. He has extensive trial experience, including civil jury trials and bench trials in insurance, employment, civil rights, property damage and business matters. Mr. Schultz received his B.S. degree from The University of South Dakota and earned his J.D. degree from Indiana University School of Law.

CARI L. SHEEHAN is of counsel in Barnes & Thornburg LLP's Indianapolis office and is a member of the litigation department. Ms. Sheehan serves as professional responsibility counsel to the firm and focuses on various legal ethics and professional responsibility matters. Prior to joining Barnes & Thornburg LLP, Ms. Sheehan worked on a wide variety of litigation matters, including Title IX litigation, employment discrimination, bullying and school litigation, complex torts, civil rights litigation, police misconduct, medical malpractice, personal injury, wrongful death claims and criminal issues. She has represented clients in state and federal courts in Indiana and Illinois. Ms. Sheehan is admitted to practice in Indiana and Illinois. She also is admitted to practice in the U.S. District Court for the Northern and Southern districts of Indiana, U.S. District courts for the Northern and Southern districts of Illinois, U.S. District Court for the Eastern District of Michigan, U.S. Bankruptcy Courts for the Southern District of Indiana and Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. Ms. Sheehan is a member of the Indiana State Bar Association, Indianapolis Bar Association, and the Saint Thomas More Legal Society. She earned her B.A. degree, cum laude, from the University of Southern Indiana and her J.D. degree, magna cum laude, from the Indiana University Robert H. McKinney School of Law.

SCOTT A. WEATHERS is an attorney with Isaacs & Isaacs. Mr. Weathers has practiced law as an Indiana litigator with an emphasis on personal injury and insurance coverage since graduating law school. In addition to his litigation experience, Mr. Weathers owned and operated a jury consulting firm with an emphasis on mock trials, focus groups and witness preparation. He is a distinguished fellow with the Indianapolis Bar Foundation and a member of the Indianapolis Bar Association having previously served as the president of Litigation Section. Mr. Weathers has tried approximately 50 cases to jury and also mediated hundreds of cases to resolution. He holds a B.S. degree, cum laude, from Gonzaga University and earned his J. D. degree from Washington College of Law.