The “Property Coverage: Interplay Between Policies and the Law” course is designed to familiarize adjusters and litigators with the relationship between the language of property coverage policies and “The Law.” For purposes of this course, “The Law” includes laws enacted by legislative bodies and administrative agencies, as well as case law. The course is presented by Jeffrey A. Kerensky, J.D., Vice President of Property Legal Services, Property Loss Research Bureau, and Kathryn Jensen, Counsel and Senior Editor, Property Loss Research Bureau.
The presenters begin by discussing the various sources of “The Law”, including legislatures, administrative agencies, and the courts. The various levels – federal, state, and local – of “The Law” are presented and discussed.
Next, the course discusses the relationship between the policy language and statutes. A hypothetical claim scenario is used to illustrate the concept that statutory language generally controls over policy language.
The course then discusses administrative law, including regulations, rules, bulletins, and so on. The presenters provide examples of how administrative law may explain or expand upon existing statutes, or respond more quickly than legislative bodies to natural disasters. Also addressed is the concept that administrative law generally controls over policy language.
Then the presenters discuss case law, including how to determine the relevance of a particular case to a particular claim. Participants learn how to read and understand a case citation, the difference between published and unpublished opinions, and the concept of precedent – binding and persuasive.
Next, the presenters discuss basic rules of contract interpretation as they relate to insurance policies. Actual cases are used to illustrate how each of the rules are applied to “ordinary” insurance claim disputes.
After thoroughly discussing “The Law”, the presenters analyze two claim scenarios to illustrate how policy language and “The Law” interrelate.
After completing the course, participants will have a much stronger grasp of the relationship between what the policy language says and what “The Law” says the policy language means. Participants will understand that “The Law” generally controls when it conflicts with policy language. In addition, participants will be able to explain how the federal and state court systems are organized and the limits of authority of a particular court. They will able to read and understand a case citation. They will also be able to explain the differences between and relative importance of binding precedent and persuasive precedent, and between published and unpublished court decisions. Participants will be able to identify and explain a number of contract-interpretation principles to apply when interpreting policy language. Finally, participants will understand that resolving a property coverage issue often requires reading more than just the insurance policy.
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 | 482654 | ||
TX (classroom equivalent) | 2.0 | 102893 | ||
NC | 2.0 | C96666 | ||
FL * ( Provider Number: 364169 ) | 2.0 | 1163761 | ||
IL | 2.0 | 528129 | ||
WY | 2.0 | 26377 | ||
OK | 2.0 | 1025060 |
* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.
Course Content
Submit within 5 days to get CE Credit or Certificate of Completion.