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The course “Defending Partially Covered Claims” is designed to enhance the student’s knowledge, understanding, and professional competence in the legal and claims handling aspects of the casualty claims handling environment. The module is presented by Audra Zane of the law firm Farber Brocks & Zane in Mineola, NY.
The presenter begins by introducing and defining mixed action suits and describes some of the issues therein. Next, the presenter lists what triggers a duty to defend as well as some things that do not trigger the duty to defend. The presenter then discusses some of the duties of the carrier, including the full defense of partially covered claims. The presenter further discusses waiver and estoppel in the context of mixed action suits and explains how reservation of rights letters are a tool to help avoid bad outcomes. Next, the presenter covers conflicts of interest and the requirement of independent (Cumis) counsel in certain situations. The presenter discusses how to resolve disagreements between the carrier and independent counsel. Finally, the presenter defines the tripartite relationship and lists common bad faith scenarios to be avoided.
After completing the course, the viewer should be able to…
define a mixed action suit; describe the relationship between the duty to defend and the duty to indemnify; identify the elements that trigger a duty to defend; identify situations in which defense of uncovered claim may be necessary; list the elements of waiver and estoppel and apply them to the mixed action suit context; describe the relationship between reservation of rights letters and waiver and estoppel; recognize situations in which a conflict of interest might exist with the carrier’s defense counsel; effectively negotiate with an insured’s independent counsel to set fees and guidelines; describe the tripartite relationship and its significance to mixed action suits; and identify and avoid the most problematic bad faith issues when handling partially covered claims.
The course is designed for practitioners and insurance professionals working in the area of casualty insurance claims handling.
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:
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Adjuster General CE Hours:
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Adjuster Ethics CE Hours:
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Attorney General CLE Hours:
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State's Course ID:
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NH | 2.0 | 482673 | ||
TX (classroom equivalent) | 2.0 | 101392 | ||
NC | 2.0 | 201144 | ||
FL * ( Provider Number: 364169 ) | 2.0 | 1186107 | ||
IL | 2.0 | 585453 | ||
WY | 2.0 | 26053 | ||
OK | 2.0 | 1023949 |
* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.
Course Content
At 87% you qualify for TX/NH credit or a PLRB/CPCU certificate. For the other states offered, you must complete a final exam. Submit within 5 days to get CE Credit or Certificate of Completion.