Bad Faith Insurance Claims

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Detailed Overview/Outline

Benefits of Attending
When Is It Really "Bad Faith"?

If your responsibilities include dealing with difficult bad faith cases, you're making decisions and executing strategy in what can be a legal minefield. With a rapidly growing body of government regulations to keep track of and a multi-layered and diverse insurance industry and claims process, expensive legal consequences are possible at every step. Bad faith isn't an area where you can take a trial-and-error approach.

This seminar was designed to provide you with the cutting-edge knowledge and concrete skills you need to gain a favorable outcome during bad faith cases. Get a crucial review of the law and bad faith elements, including the different types of claims and the remedies associated with them. Examine discovery from both the plaintiff's and defendant's point of view and gain a perspective that will help you better understand and fulfill your role in the trial process. Master pre-trial and trial strategies that will give you new confidence and a clear advantage when dealing with claims. Whether you're counsel for the plaintiff, the defense or are an insurance professional trying to prevent bad faith claims, you won't find guidance this practical anywhere else.

Integrate current legislation into everyday practices to ensure compliance. Uncover related causes of action like breach of contract and fraud. Know exactly how to work with experts so they help - not hurt - your case. Cover all the bases when requesting production of discovery. Make ethics a non-issue in your practice by following accepted ethical tenets.

Agenda
EMERGING ISSUES AND CURRENT LAWS

• Legislative Overview: What the Courts Are Ruling
• New Case Law Development - Interpreted
• Other Emerging Issues

IDENTIFYING THE TYPE OF TORT, RELATED CAUSES OF ACTION AND DAMAGES

• First-Party Claims
• Types of Claims
• The Insurer's Responsibility
• Settlement Issues
• Third-Party Claims
• Types of Claims
• Settlement Issues
• Exploring Related Causes of Action
• Fraud
• Negligence
• Breach of Contract
• Statutory Breach
• What to Consider When Figuring Damages
• Emotional Distress
• Interest
• Attorneys Fees and Costs
• Punitive Damages

GAIN A NEW PERSPECTIVE OF PRE-TRIAL PRACTICE

• The Plaintiff's Preliminary Steps:
• Communicate With Insurer and Thoroughly Review the Policy
• Choose the Cause of Action and Establish Damages
• The Insurer's Guidelines:
• Preliminary Negotiation Strategies
• Know the Types of Responsive Pleadings
• The Use and Selection of Experts
• Key Tactics in Arbitration and Settlement
• How-to's for Establishing Choice of Venue
• Potentially Explosive Traps to Avoid

GATHER INFORMATION CRITICAL TO YOUR CASE

• Information You Absolutely Need - Where to Find It
• Eliminate Headaches When Gathering Interrogatories and Related Documents
• Cover All Your Bases When Requesting Documents
• Implement a Request for Admissions and Save Time
• Your Obligation to Produce and Respond to Discovery
• When and Who to Depose and How to Prepare Witnesses
• Streamline Your Job With Sample Discovery Forms and Requests

CONSIDER THE ETHICAL CONSEQUENCES: IT'S LEGAL, BUT IS IT RIGHT?

• Protect the Attorney-Client Privilege
• How the Advice of Counsel Defense Can Become an Issue
• The Ethical Pitfalls in Contacting Witnesses

SUCCESSFUL COURTROOM STRATEGIES

• Evaluate Your Options for Summary Judgment
• Clarify Common Misconceptions About Motions
• Voir Dire: The First Essential Step in Winning the Case
• What You Must Accomplish in Opening and Closing Statements
• How to Create an Order of Witnesses
• What to Do When You Have a “Bad” Witness
• Guidelines for Using Discovery and Evidentiary Issues
• Handling Post-Trial Procedures and Appeal

AVOIDING BAD FAITH CLAIMS FOR THE INSURANCE PROFESSIONAL: COMPLYING WITH THE UNFAIR CLAIM SETTLEMENT PRACTICES ACT

Who Should Attend
This basic-to-intermediate level seminar is designed to help attorneys, claims adjusters, claims managers, risk managers, insurance agents, paralegals and other professionals avoid bad faith claims if they can - or successfully defend them in court if they must.

Times

Registration: 8:30-9:00 a.m.

Start: 9:00 a.m.

Stop: 4:30 p.m.

Sponsor Background:
About NBI

National Business Institute

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Since 1983 we have been one of the largest providers of legal and professional education in the nation. We currently hold seminars in major metropolitan areas in all 50 states and Puerto Rico, serving over one million professionals.

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Free Reference Manual

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RISK FREE CANCELLATION

Register today at no risk. If your plans change later and you can’t attend the program, you may substitute another person at any time, transfer your registration to any future seminar, purchase the manual and audio recording, or cancel your registration without penalty. Just call and let us know.

SATISFACTION GUARANTEE

If you aren't happy, we aren't either! Your tuition will be refunded if you are not satisfied with the seminar for any reason.

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