Settlement of Conflicts

The course “Settlement of Conflicts” is designed to enhance the student’s knowledge, understanding, and professional competence in settling claims. This module is presented by Michael W. Johnston, the founding partner of Johnston Legal Group PC, and Brian Faucheaux, a Senior Litigation Claims Specialist handling litigated bodily injury claims and pre-litigation complex bodily injury claims for Liberty Mutual’s Personal Market Claims Department.

The purpose of claim representatives and legal professionals is to effectively resolve disputes in a reasonable and cost efficient manner. Ordinarily, the anxiety level rises when a decision is made not to settle a case, but instead proceed to trial. The purpose of this course is to focus on the dangers of settlement. The discussion involves both first party, third party and subrogation claims.

The course discusses whether there is a duty to settle, whether the insurance carrier can insist that a settlement offer be accepted, how you should reasonably evaluate a demand, what happens when there are multiple liability insurance policies, and clarifies these points through case studies.

After completing the course, the attendee will be able to discuss whether there is a duty on the part of an insurance company to settle a first-party claim, a third- party claim, or a subrogation claim; outline if an insurance carrier can insist that a settlement offer be accepted; describe how to reasonably evaluate a demand; explain whether a liability insurance carrier can decline a policy limits settlement demand and not create exposure above the liability limits; describe what happens when there are multiple liability insurance policies; understand how disputes can arise between primary and excess carriers; and outline how to focus tension and begin discussions on solutions.

The course is designed for practitioners and insurance professionals in both the property and casualty arenas.