Insurance Law

22 Insurance Claim Negotiation Mistakes You Didn't Realize You Were Making

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Robert Daigre
Joshua Offenhartz
Rachel Rose
Thomas Peyton
With Robert J. Daigre from Burgos & Associates, L.L.C. + 3 others
Recorded December 02, 2025.
Product ID 101332

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Overview

Don't Give Insurance Companies Anything They Can Exploit

In insurance claim negotiations, even the smallest oversight can cost you the advantage. Don't give adjusters the satisfaction of catching you making a mistake. This course exposes the 22 most common - and often unnoticed - negotiation mistakes that can sabotage your strategy. Learn to avoid costly pitfalls, outmaneuver adjusters, and secure the best possible outcome for your clients. Start making smarter decisions in every negotiation - register today!

  • Conduct thorough investigations to avoid lost leverage or being blindsided down the road.
  • Learn the internal controls that influence adjuster decisions and how to use that information to your advantage.
  • Know what the claim is worth so you're not leaving money on the table or damaging your credibility.
  • Avoid demand letter and documentation mistakes that weaken your position.
  • Pinpoint adjuster tactics that attorneys tend to overlook or fall prey to.
  • Understand when and how to use the threat of a bad faith claim - and when doing so could backfire.

Abbreviated Agenda

  • #1-7: Investigation and Coverage Oversights and Missed Opportunities
  • #8-12: Not Understanding Hidden Drivers and How to Impact Them: Reserves, Claim Valuation, and More
  • #13-14: Overestimating - or Underestimating - the Value of the Claim
  • #15-16: Demand Letter and Documentation Pitfalls
  • #17-20: Strategic Errors in Negotiation Tactics
  • #21-22: Overplaying - or Underutilizing - the Threat of a Bad Faith Claim
  • Legal Ethics of Negotiations

Related Topics

Product ID 101332

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. #1-7: Investigation and Coverage Oversights and Missed Opportunities

    • 1: Incomplete Background Checks, Missed Evidence, and Other Investigation Oversights
    • 2. Letting Clients Make Mistakes That Will Hurt the Claim
    • 3: Not Knowing Policy Limits
    • 4-5: Overlooking Coverage and Misinterpreting Policy Terms and Exclusions
    • 6: Missed Opportunities in Timing
    • 7: The Don'ts of Communicating With Adjusters and Exchanging Documents and Info

  2. #8-12: Not Understanding Hidden Drivers and How to Impact Them: Reserves, Claim Valuation, and More

    • 8: Claim Reserves
    • 9: Claim Valuation Methodology
    • 10: Internal Incentives and Guidelines
    • 11: Claims Handling and Escalation Process
    • 12: Adjuster Authority

  3. #13-14: Overestimating - or Underestimating - the Value of the Claim

  4. #15-16: Demand Letter and Documentation Pitfalls

  5. #17-20: Strategic Errors in Negotiation Tactics

    • 17: Mishandling Settlement Offers and Counteroffers
    • 18: Not Adapting Your Strategy to the Insurance Company or Type of Adjuster
    • 19: Ineffective Approaches to Counterarguments
    • 20: Adjuster Tactics Attorneys Fall Prey to

  6. #21-22: Overplaying - or Underutilizing - the Threat of a Bad Faith Claim

  7. Legal Ethics of Negotiations

    • Conflicts of Interest
    • Managing Client Expectations in the Negotiation Process
    • Client Consent and Avoiding Undue Influence or Coercion
    • Confidentiality and Privilege
    • Truthfulness and Candor
    • Fairness to Opposing Party

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Robert J Daigre
Robert J.
Daigre
Burgos & Associates, L.L.C.
Joshua C Offenhartz
Joshua C.
Offenhartz
Offenhartz Law PLLC
Rachel V Rose
Rachel V.
Rose
Rachel V. Rose Attorney at Law, PLLC
Thomas H Peyton
Thomas H.
Peyton
Clyde & Co US LLP
Speaker bio
Robert J Daigre

Robert J. Daigre

Burgos & Associates, L.L.C.
Robert Daigre

is a partner with Burgos Daigre & McGregor, LLC. He has over 30 years of experience as a litigation attorney. Mr. Daigre's trial and appellate experience includes personal injury suits, property damage suits, maritime and admiralty actions, insurance disputes, contract disputes, construction litigation, legal malpractice claims, and worker's compensation. He has represented both plaintiffs and defendants in all types of personal injury matters, including automobile accidents, Jones Act and general maritime law cases, aviation accidents, and FELA/railroad cases. In addition to representing injured persons, Mr. Daigre has provided counsel to Fortune 500 companies, large insurance companies, and small businesses in all varieties of commercial litigation as well as contract and other corporate matters. He has also represented private property owners in disputes with government entities, banks, insurance companies, and neighboring property owners. He has tried numerous bench and jury trials in State and Federal court. Mr. Daigre attended Louisiana State University, earning a Bachelor of Arts in Political Science, with a minor in French, in 1990. He earned his J.D. degree from Louisiana State University, Paul M. Hebert School of Law in 1994. Mr. Daigre was admitted to the bar in 1994 and is currently admitted to practice before all state and federal courts in Louisiana.

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Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Offenhartz Law PLLC
Joshua Offenhartz

is an attorney with Kahana Feld. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council, and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank, and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona, and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

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Speaker bio
Rachel V Rose

Rachel V. Rose

Rachel V. Rose Attorney at Law, PLLC
Rachel Rose

, JD, MBA, successfully advises and represents clients on healthcare, cybersecurity, securities, qui tam compliance, transactional litigation, and government enforcement matters. She is an affiliated member with the Baylor College of Medicine's Center for Medical Ethics and Health Policy, where she teaches bioethics. Ms. Rose is often quoted as an expert. In addition to being extensively published and a sought-after presenter and quoted expert, she holds an M.B.A. degree, with minors in healthcare and entrepreneurship, from Vanderbilt University; and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award. Ms. Rose also attained a certificate in negotiation and leadership from Harvard University. She is licensed in Texas, and is a fellow of the Federal Bar Association. Currently, Ms. Rose serves as a director on the FBA's National Board. She is a member of and the immediate past chair of the Federal Bar Association's Government Relations Committee, member of the Advisory Board of the Federal Bar Association's Qui Tam Section, co-editor of the American Health Lawyers Association's Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), and a co-author of the ABA's books The ABCs of ACOs and What Are International HIPAA Considerations? Ms. Rose is extensively published and presents on a variety of matters related to her practice. She has been named consecutively to the Texas Bar College, National Women Trial Lawyers Association's Top 25, Houstonia Magazine's Top Lawyers (healthcare law), National Trial Lawyers Association's Top 100 and The Nation's Top One Percent. Ms. Rose was awarded 1st Healthcare Compliance's 2019 and 2022 Top Presenter Award. In 2023, she was selected for Super Lawyers (healthcare). Ms. Rose may be reached through her website www.rvrose.com.

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Speaker bio
Thomas H Peyton

Thomas H. Peyton

Clyde & Co US LLP
Thomas Peyton

is an attorney with Clyde & Co US LLP, where his practice focuses on advising insurance carriers on a variety of coverage issues; including construction-related claims and losses, commercial property losses, general liability, issues of multiple-year trigger and allocation, additional insured status, contractual indemnity, and extra-contractual liability. He earned his B.A. degree, magna cum laude, from The University of Memphis and his J.D. degree, cum laude, from Loyola University New Orleans College of Law. Mr. Peyton is a member of the New Orleans Bar Association.

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