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The course, “Subrogation Claims: Overcoming Legal Defenses and Common Pitfalls,”
describes potential successful subrogation claims and identifies the proper
methods to respond to the initial claim, preserve evidence, and maximize
recovery.
The module is presented by Amy O’Rorke, CPCU, AIC, ARM, National
General Adjuster with Cunningham Lindsey, and Mark Senak, JD, Partner with Senak
Keegan Gleason Smith & Michaud, Ltd.
The goal of the course is to identify
recurring fact patterns that trigger common defenses to subrogation claims,
analyze elements of common subrogation defenses, develop strategies to overcome
these defenses, examine practical difficulties encountered in subrogation,
including loss site management and joint prosecution agreements, and explore ways
to resolve subrogation challenges and streamline the recovery process.
After completing the course, the attendee will be able to identify the risk
of doing nothing; describe the anti-subrogation doctrine and it’s effect on
landlord-tenant cases; outline the elements of the Act of God defense; explain
the Sovereign Immunity defense; understand the discretionary function exception
within tort immunity statutes; list the factors that negate tort immunity; define
spoliation and outline the best practices to avoid spoliation; identify the
pitfalls in preserving evidence; list the steps in evidence preservation;
understand how to read contractual provisions affecting subrogation; outline
strategies for overcoming the A 201 waiver; outline how alienating the insured
can affect the subrogation case; define real party in interest; clarify the
importance of joint prosecution agreements; interpret the economic loss doctrine;
differentiate the measure of damages under the law and under the policy;
illustrate how to determine if the repair cost is the proper measure; and
identify the statute of limitations and the statute of repose.
The course
is designed for insurance claims professionals in the property coverage arena.
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.
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State:
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Adjuster General
CE Hours: |
Adjuster Ethics
CE Hours: |
Attorney General
CLE Hours: |
State's Course ID:
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| NH | 2.0 | 482663 | ||
| TX (classroom equivalent) | 1.0 | 100716 | ||
| NC | 2.0 | 200737 | ||
| FL * ( Provider Number: 364169 ) | 3.0 (Not Approved for 5-Hour Requirement) | 1200492 | ||
| IL | 2.0 | 485563 | ||
| WY | 2.0 | 35109 | ||
| OK | 2.0 | 1023589 |
* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.
