Facebook-f
Linkedin-in

Defending Large Casualty Claims

Current Status
Not Enrolled
Price
Free
Get Started
Login to Enroll

The course, “Defending Large Casualty Claims” is designed to help adjusters and legal practitioners identify key issues at the outset of a severity case, create strategies to mitigate risk exposure, and review strengths and weaknesses in defending these cases in mediation or at trial. The module is presented by Ramona Hunter, a civil litigator at Cozen O’Connor.

Ramona Hunter begins by listing the key issues at the outset of litigation — who, what, where, when, and why. She then distinguishes the tone and approach to cases involving clear liability versus those that are potentially defensible. She outlines the numerous areas of exposure reduction in clear liability cases, including litigation tone, benevolent gestures of sympathy, independent expert review, life care plans, surveillance, early valuation, and early mediation without discovery. She also addresses the important aspects of liability investigation, including early identification of key mitigating factors, dealing with physical evidence, limiting exposure post-lawsuit, and identifying fraud. Finally, she evaluates the advantages of mediation, trial, and arbitration as well as a comparison of jury trials versus bench trials.

After completing the course, the attendee should be able to…

identify the key issues at the outset of litigation; identify whether a case involves clear liability or is potentially defensible; outline the various means of exposure reduction in a case of clear liability; know the importance of independent expert review; understand the intricacies of life care plans; explain the use of surveillance, early valuation, and early mediation when mitigating risk exposure; define the focus areas in liability investigation of securing the evidence, retaining experts, identifying eye witnesses, and identifying other potentially responsible parties; better identify fraud; know the limitations of physical evidence in terms of spoliation, retention, and testing protocols; and describe how to limit exposure post- lawsuit.

The course is designed for practitioners and insurance professionals working in the area of casualty insurance coverage and litigation.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
NH 2.0 475692
TX (classroom equivalent) 1.0 97634
NC 2.0 C55033
FL * ( Provider Number: 364169 ) 1165248
IL 2.0 542566
WY 2.0 27124
OK 2.0 1026792

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Key Issues at Outset of Litigation
Expand
Lesson Content

1) Introduction
2) Three focus areas of the presentation
a) Identify key issues at the outset of a severity case
b) Create strategies to mitigate risk exposure
c) Analyze whether to defend at trial, mediation, or
arbitration
3) Key issues at the outset of litigation
a) Who
b) What
c) Where
d) When
e) Why
4) Recap

Clear Liability vs. Potentially Defensible Cases/Exposure Reduction
Expand
Lesson Content

1) Tone and approach
2) Focus in clear liability cases
a) Exposure reduction
b) Limiting expenses
3) Focus in potentially defensible cases
a) Fact investigation
4) Clear liability cases
a) Exposure reduction
i) Litigation tone
ii) Benevolent gestures of sympathy
(1) Funeral expenses
(2) Medical costs
(3) Counseling
5) Recap

Exposure Reduction (continued)
Expand
Lesson Content

1) Independent expert review
a) Past treatment
b) Future treatment
c) Billing review
2) Life care plans
a) Is the evidence admissible?
b) Is the expected medical treatment reasonable and
necessary?
c) Is the equipment required?
d) Documentation of costs
e) Duplication of care

f) Reduction to present value
3) Recap

Exposure Reduction (continued)
Expand
Lesson Content

1) Surveillance
a) Confirm validity of catastrophic injuries
b) Obtain background information potentially relevant to
settlement
2) Early valuation
a) Jurisdiction
b) Past and future medical costs
c) Wage loss
d) Property loss
e) General damages
3) Early mediation without discovery
a) Qualified mediator
b) Early independent evaluation of value and risks
c) Good Faith participation
4) Audience question
5) Recap

Liability Investigation
Expand
Lesson Content

1) Early identification of key mitigating factors
a) Secure the evidence
b) Retain experts
c) Identify eye witnesses
d) Identify other potentially responsible parties
2) Physical evidence
a) Spoliation
b) Retention
c) Testing protocols
3) Limit exposure post-lawsuit
4) Identifying fraud
5) Audience question
6) Recap

Defend at Trial/Mediation/Arbitration
Expand
Lesson Content

1) Mediation
2) Advantages of trial
3) Jury trial vs. bench trial
4) Arbitration
a) Private trial
b) Advantages of arbitration
5) Advantages of mediation
6) Recap

Get CE Credit or Certificate of Completion.

Submit within 5 days to get CE Credit or Certificate of Completion.

Recent Updates

VIEW ALL UPDATES
Building Codes

Does Kaysville, Utah, Residential Building Code Require Ice Barrier Underlayment When Replacing a Roof?

June 26, 2024 By Dan Hartweg QUESTION: For a roofing project in Kaysville, Utah, does the residential building code require ice barrier underlayment? RESPONSE: Yes. The 2021 Utah State Residential Code (USRC) does not require ice barrier underlayment unless there is a history of ice forming along the eaves causing a backup of water, which is left to local jurisdictions to determine and adopt the requirement. 2021 USRC § R905.1.2. Utah did not complete Table R301.2, “Ice Barrier Underlayment Required” column, leaving it to local jurisdictions to complete the table. 2021 USRC Table R301.2. While the Kaysville City Code does not contain any amendments to Table 301.2, according to the Kaysville City Community Development website, ice barrier underlayment is required.  FACTS: Roof repairs at a private residence located in Unincorporated, West Jordan, Utah. DISCUSSION: Utah adopted the 2021 International Residential Code (IRC), including Appendices AE and AQ, with amendments, as the uniform statewide residential code known as the 2021 Utah State Residential Code (USRC) and is part of the mandatory statewide building code, the State Construction Code (SCC). Utah Code § 15A-2-101. (Adoption of SCC); Utah Code §§ 15A-2-103(b), (d), and (m) (adoption); Utah Code §§ 15A-3-101 through 206 (IRC amendments); Utah Code §§ 15A-4-201 through 207 (IRC local amendments); 2021 USRC (ICC page).  The State and its political subdivisions are required to follow the SCC. Utah Code § 15A-1-204(1)(a). The Division administers the SCC, but it is not within the Division's responsibility to enforce it, the responsibility for inspections and enforcement under the SCC fall on the compliance agency. Utah Code § 15A-1-205 (Division duties); Utah Code § 15A-1-207(1) (compliance agency with jurisdiction over project shall inspect and enforce SCC). A compliance agency is defined as an agency of the State or any of its political subdivisions which issues permits for construction regulated under the SCC. Utah Code § 15A-1-202(6). The compliance agency must follow the Division’s established standardized permit system, may charge a fee but must impose a 1% surcharge to help fund Division education efforts, and must promptly review plans and inspect properties. Utah Code § 15A-1-209 (building permit requirements and surcharge); Utah Code § 10-6-160 (municipality may charge fee and must review plans and inspect properties promptly); U.A.C. R156-15A-220 (standardized permits). A search of the subject property on the PLRB address search page indicates that it is located within the City of Kaysville, Utah.  2021 USRC Reroofing Section R908 of the 2021 USRC on Reroofing requires that recovering or replacing an existing roof must comply with the materials and methods outlined for new roofs: 2021 USRC § R908.1. Therefore, the provisions concerning ice barrier underlayment and drip edges in Chapter 9 must be considered.  ICE BARRIER UNDERLAYMENT Ice barrier underlayment is required under Section R905.1.2 where there is a history of ice forming along eaves causing a backup of water as designated in local amendments in Table R301.2: 2021 USRC § R905.1.2.  Utah did not complete Table R301.2 as follows, in relevant part: 2021 USRC Table R301.2. Because no amendment to IRC Table R301.2(1) was made by the legislature, the need for ice barrier underlayment is left to local jurisdictions. Utah Code §§ 15A-3-101 through 206; 2021 USRC Table R301.2. Kaysville City adopted the current version of the International Residential Code adopted by the State of Utah. Kaysville City Code § 18-2-2. The City did not adopt any amendments to Table 301.2. Id., see also, Kaysville City Code Title 18, Chapter 3. However, according to the City’s website, ice barrier underlayment is required. Kaysville City, Community Development, Roofing Requirements.  DISCUSSION: Utah adopted the 2021 International Residential Code (IRC), as amended, as the 2021 Utah State Residential Code (USRC) and part of the 2021 Utah State Construction Code, a uniform statewide code. The state did not complete Table R301.2, leaving the decision to require ice barrier underlayment up to local jurisdictions where there has been a history of ice forming along eaves causing a backup of water. While the Kaysville City Code does not contain an amendment to Table R301.2, according to the Kaysville City Community Development website, ice barrier underlayment is required.

LEARN MORE
Liability Legal News

AZ – STATUTORY BULLETIN – New Arizona Law Modifies Certain Minimum Limits that Apply to Transportation Network Services (e.g., Uber) and Services Involving Taxis, Livery Vehicles, and Limousines

Recently, Arizona's Governor signed into law House Bill 2729, which (1) addresses transportation network companies (TNCs) (e.g., Uber) and their drivers and (2) modifies the minimum required limits for commercial motor vehicle liability insurance and commercial uninsured motorist coverage. See Ariz. Stat. § 28-4038(B). The new law also (1) addresses taxi companies, livery vehicle companies, and limousine companies and the drivers of such vehicles and (2) modifies the minimum required limits for commercial uninsured motorist coverage. See Ariz. Stat. § 28-4039(A)(2). The new law takes effect on September 14, 2024.   

LEARN MORE
Liability Question of the Week

Is there a Duty to Defend the Insureds Against the Plaintiff's Complaint that Alleges Damages Due to the Movement of Water, Debris, and Unstable Soils onto the Plaintiff's Property?

The Plaintiff's Complaint alleges that the Defendants "built a house on the uphill property from Plaintiff" and that, during the policy period of the Defendants' Homeowners Policy, "[the] Plaintiff became aware that water, debris, mud, unstable soils and other materials slipped, slid and/or moved from Defendants' property onto Plaintiff's property." The question is whether the insurer is required to defend the homeowners against this Complaint, which asserts negligence and trespass claims against the homeowners.    

LEARN MORE
Property Legal News

Thompson v. Allstate Prop. & Cas. Ins. Co. (2024)

(United States District Court for the District of Maryland, applying MD law) Note that this case was decided by a U.S. District Court, a trial court in the federal court system. Its opinion is not binding precedent, but it may be cited as persuasive authority.

LEARN MORE

Stay Connected

This field is for validation purposes and should be left unchanged.

EXPLORE MEMBERSHIP
Contact & Help

Copyright © Property & Liability Resource Bureau 2024