Audio CD + Course Book

Negotiating Claims with Insurance Companies

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:


Audio + Course Book

Credit Information

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From Event: Negotiating Claims with Insurance Companies, held April 2018.

Program Description

In this practical and unique legal guide, experienced faculty will provide an inside look at the decision-making strategies and communication tactics used by veteran personal injury attorneys and insurance professionals in injury claim negotiations. It is jam-packed with inside tips and secrets every personal injury attorney can use to maximize their client's settlement in a shorter amount of time. Insurance adjusters will also benefit by being able to gain a better understanding of the plaintiff's perspective. Locate all potential sources of coverage and find out how to better communicate with insurance adjusters through sophisticated negotiation techniques - order today!

Course Content

  1. Investigating the Claim - An Adjuster's Perspective
  2. Get to Know Your Adjuster
  3. Drafting Demand Letters and Other Documents that Get Results
  4. Sophisticated Negotiation Styles: How and When to Use Them (Adjuster and Plaintiff Perspectives)
  5. Negotiation Techniques that Really Work
  6. Ethical Considerations

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 CT * 04/27/2020
CLE 7.00 NY * 04/27/2020

* denotes specialty credits

Agenda / Content Covered

  1. Investigating the Claim - An Adjuster's Perspective
    9:00 - 10:00, Donn A. Swift
    1. Policy Examination: Locating all Potential Sources of Insurance Coverage
    2. Researching the Facts and Issues of the Case
    3. Incident Scene Investigation
    4. Photographs and Other Critical Evidence
    5. Witness and Client Interviews
    6. Requesting Documents
    7. Asset Searches
  2. Get to Know Your Adjuster
    10:15 - 11:15, Donn A. Swift
    1. Learn the Negotiation Expectations of the Insurance Company
    2. Understanding Tactics Used by Insurance Adjusters to Reduce Claims
    3. Building Credibility with Your Adjuster
    4. How Adjusters Use Reserves in Negotiations
    5. Bad Faith? Secrets the Adjusters Don't Want You to Know
  3. Drafting Demand Letters and Other Documents that Get Results
    11:15 - 12:15, Donn A. Swift
    1. Drafting a Notification Letter to Start Your Case Off Strong
      1. Providing Notification to all Relevant Parties
      2. What Not to Include in the Notification Letter
      3. Getting a Higher Reserve from the Insurance Company
    2. Key Elements of an Effective Demand Letter
    3. Length, Style, Tone, "Drama" Level
    4. What to Include in the Settlement Package - Documentation and Exhibits
      1. To Document the Claim
      2. To Incentivize the Claim - Enhance its Value
      3. To Enhance Credibility, Prevent Bottlenecks, Close Gaps
    5. Techniques for Countering the Adjuster's Initial Offer
  4. Sophisticated Negotiation Styles: How and When to Use Them (Adjuster and Plaintiff Perspectives)
    1:15 - 2:15, Richard P. Hastings
    1. Setting the Stage
    2. Different Ways to Increase Value of Your Client's Case
    3. Using Value Drivers
    4. Duties Under Duress
    5. Rapport Building and Thinking Like an Adjuster
    6. Peer and Focus Groups
    7. What is the Adjuster Doing
    8. Intangibles
    9. Tying it All Together
  5. Negotiation Techniques that Really Work
    2:15 - 3:15, Richard P. Hastings
    1. The New Adjuster vs. The Experienced Adjuster
    2. Do You Set Out a Settlement Figure in Your Demand Package
    3. Reinforcing the Fact That You Have a Difficult Client
    4. Getting an Increased Offer Without Reducing Your Demand
    5. Off The Record - The Whisper
    6. Peer Group Input
    7. Prior Results on Similar Cases
    8. Reinforcing Fiduciary Duty Adjuster Owes to Insured (Bad Faith)
    9. Dripping the Adjuster Information
    10. Mediation/Arbitration
    11. Developing Your Own Style
  6. Ethical Considerations
    3:30 - 4:30, Sandra R. Stanfield
    1. Attorney Fees
    2. Confidentiality
    3. Conflicts of Interest

RICHARD P. HASTINGS is a partner located in the Ridgefield office of Hastings, Cohan & Walsh, LLP. Mr. Hastings concentrates his practice on personal injury and litigation. He is the author of twelve books, including an eBook, co-authored with a former insurance adjuster, which tells personal injury attorneys how to get more money for their clients’ cases. The Connecticut Law Tribune and The New York State Trial Lawyers’ magazine have published Mr. Hastings' articles. He has also published hundreds of articles and produced over 100 videos on a variety of personal injury and medical malpractice topics and was a syndicated legal columnist. In addition, Mr. Hastings teaches lawyers across the country strategies to maximize the value of their clients' personal injury cases. He has received patent pending approval for his business method patent entitled, "Personal Injury File Acquisition Method, Client Education Program and Case Referral System." He is trained as a mediator by Harvard Law School, the Center for Mediation in Law and Quinnipiac Law School. Mr. Hastings has received negotiating training through programs at the University of Michigan and MIT. He has also received advanced negotiation training at Harvard Law School and advanced mediation training through Windsor Faculty of Law in Toronto, Canada. Mr. Hastings also attended the Teaching Negotiation Symposium at the Harvard Law School. He is a graduate of the University of Connecticut and Fordham Law School.

SANDRA R. STANFIELD is a partner with Stanger Stanfield Law LLC. Ms. Stanfield has a diverse civil practice, pursuing litigation and appeals in all Connecticut state, appellate and supreme courts on behalf of businesses and individuals. She has substantial experience in the areas of serious personal injury, employment law and discrimination, workers' compensation, education issues, nursing home malpractice and litigation, professional negligence, medical malpractice, and premises liability. Ms. Stanfield is admitted to practice law in the state and federal courts in Connecticut, as well as the state courts in Massachusetts. She has tried cases and taken appeals before Connecticut state, appellate and supreme courts, and in state court in Massachusetts, as well as practiced before the Connecticut Claims Commission, the Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, the Workers Compensation Commission, and other administrative agencies. Ms. Stanfield is a member of the Connecticut and Massachusetts bar associations. She is also a member of the Connecticut Trial Lawyers Association and the American Bar Association. Ms. Stanfield earned her B.A. degree from Wesleyan University and her J.D. degree, with honors, from University of Connecticut School of Law.

DONN A. SWIFT is a partner in the New Haven law firm of Lynch, Traub, Keefe & Errante, P.C. He is a certified civil trial specialist by the National Board of Trial Advocacy and practices primarily in the area of civil litigation and represents the defense, as well as plaintiffs. Mr. Swift has lectured to professional groups on a variety of topics relating to civil litigation. Currently, he is a member of the New Haven County, Connecticut and American bar associations; the Connecticut Defense Lawyers Association; and is an associate of the American Board of Trial Advocates. Mr. Swift earned his B.A. degree from Assumption College and his J.D. degree, magna cum laude, from the University of San Francisco School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Accreditation Details:

Continuing Legal Education

CT CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.

NY CLE: 7.00 Credit Approval Exp
Includes - Ethics: 1.00, Skills: 6.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to skills requirement and is approved for newly admitted and experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.

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