Personal Injury & Negligence

4.21

Uninsured/Underinsured Motorist Litigation From Start to Finish

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Washington CLE Approved 6 Total
OnDemand
5 hours 52 minutes
Joshua Offenhartz
Nancy Eady
Guy Kornblum
With Joshua C. Offenhartz from Kahana Feld + 2 others
Recorded November 30, 2023
Product ID 97645

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Overview

Handle UM/UIM Cases With Confidence

This intense, practical, fast-paced guide to UM/UIM cases will arm you with a thorough understanding of the latest laws and litigation strategies - so you can resolve even the most complex claims effectively. Navigate through the maze of uninsured/underinsured motorist law with ease and gain strategies for overcoming difficult litigation hurdles - register today!

  • Meet the demands of UM/UIM claims from start to finish and gain a strategic edge over your opponent.
  • Analyze hot-button issues in UM/UIM coverage and carrier bad faith.
  • Learn how to overcome challenges when obtaining permission from your client's UIM carrier before settling with the tortfeasor's insurer.
  • Power up your motion practice skills and evaluate the pros and cons of bifurcating a claim of bad faith from an underlying claim for UM/UIM benefits.
  • Gain direct and cross examination strategies for UM/UIM experts.
  • Confidently use the best approaches to dispute resolution and discuss winning trial techniques.

Abbreviated Agenda

  1. Hot-Button UM/UIM Coverage and Bad Faith Issues
  2. UM/UIM Cases: Strategic Considerations
  3. UM/UIM Ethical Considerations
  4. Motion Practice Insights and Bifurcation of Issues
  5. Damages, Offsets, and Liens - Overcoming Challenges
  6. Discovery, Evidence, and Experts
  7. Settlement and Trial

Related Topics

Product ID 97645

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
Idaho CLE Upon Request 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oregon CLE Upon Request 6 Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Hot-Button UM/UIM Coverage and Bad Faith Issues

  2. UM/UIM Cases: Strategic Considerations

    1. Multiple Claims, Multiple Tortfeasors
    2. Settle or Sue? (Settlement With Uninsured/Underinsured Motorist Prior to Filing Suit? Suing the Insurer? Suing the Uninsured Motorist?)
    3. Are There Coverage Issues?
    4. Subrogation Rights and Issues
    5. Consent to Sue
    6. Pleading the UM/UIM Case (Jurisdictional Considerations, Contract or Tort Claim?)
    7. Challenges Regarding Obtaining Permission From Your UIM Carrier Before Settling With the Tortfeasor's Insurer
    8. The Tort of Outrage in the Area of UM/UIM Claim
    9. Conduct of the Defendant That May Affect the UM/UIM Carrier's Liability

  3. UM/UIM Ethical Considerations

    1. Conflicts of Interest
    2. Dealing With Claimant's Request for Fees and Costs if They Prevail
    3. Wrongful Death UM and UIM - Ethical Considerations
    4. Malpractice Traps in UM/UIM Cases
    5. Professional Insurance Agents Ethical Obligations

  4. Motion Practice Insights and Bifurcation of Issues

  5. Damages, Offsets, and Liens - Overcoming Challenges

    1. Quantifying Damages
    2. Punitive Damages
    3. Wrongful Death Damages
    4. Collateral Sources
    5. Issue of Liability and Damages Against the Tortfeasor
    6. Claims With Multiple Claimants
    7. Limitation of Judgment Against UM Insurer to Policy Limits
    8. First-Party Bad Faith Against UM Insurer
    9. Handling Complex Liens and Offsets; Such as ERISA, Medicare, Medicaid, Personal Injury Protection (PIP), Auto Medical Payment, Liability Payments

  6. Discovery, Evidence, and Experts

    1. Responding to/Asserting Discovery Requests - Dos and Don'ts in UM/UIM Cases
    2. Investigation Strategies and Accident Reconstruction
    3. Key Evidence Needed
    4. The Use of UM/UIM Experts
    5. Direct and Cross Examination of UM/UIM Expert Witnesses Strategies - Raising Liability and Damages Issues
    6. Admissible and Inadmissible Evidence at Trial (Intoxication Tests, etc.)
    7. Overcoming Common Discovery and Evidentiary Challenges in UM/UIM Cases

  7. Settlement and Trial

    1. Arbitration vs. Lawsuit - Strategies
    2. Issues That Arise in Arbitration
    3. Using Mediation to Your Advantage - Overcoming Challenges
    4. Negotiation Techniques of the Masters
    5. Overcoming Trial Challenges

Who Should Attend

This program is designed for attorneys. Insurance professionals and paralegals may also benefit.

Speakers

Joshua C Offenhartz
Joshua C.
Offenhartz
Kahana Feld
Nancy L Eady
Nancy L.
Eady
Morris, Haynes Attorneys at Law
Guy O Kornblum
Guy O.
Kornblum
Guy O. Kornblum, A Professional Law Corporation
Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Kahana Feld
Joshua Offenhartz

is an associate with Koeller Nebeker Carlson Haluck LLP in the Phoenix office. 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 at 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, the 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
Nancy L Eady

Nancy L. Eady

Morris, Haynes Attorneys at Law
Nancy Eady

is a partner at Morris, Haynes Attorneys at Law. She heads the firm's Legal Research Department , and has successfully defended many of the verdicts and rulings obtained by the firm’s trial attorneys. Ms. Eady is an active member of the American Bar Association and Alabama State Bar, and serves on the Executive Committee of the Alabama Association for Justice. She earned her B.S.Ed. degree, highest honors, from Auburn University and her J.D. degree from Jones School of Law.

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Speaker bio
Guy O Kornblum

Guy O. Kornblum

Guy O. Kornblum, A Professional Law Corporation
Guy Kornblum

is the principal in Guy O. Kornblum, A Professional Law Corporation with its principal office in San Francisco, California. He has specialized as a trial and appellate lawyer for over 45 years. The firm specializes in a wide range of civil litigation, including serious injury and wrongful death, financial and physical elder abuse, and all aspects of insurance including "bad faith" claims. Mr. Kornblum himself has handled over 4000 litigated matters to a conclusion and has several million dollar plus cases to his credit. He has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations over his years of practice. He is highly regarded for his courtroom and appellate skills, and his representation of his clients in mediations, where he has a strong track record of successful settlements. Mr. Kornblum is certified in Civil Trial Law and Civil Pretrial Practice Advocacy by the prestigious National Board of Trial Advocacy, and is a Charter Fellow, American College of Board-Certified Attorneys. He is also a Life Member of the Multi-Million Dollar and Million Dollar Advocate's Forum, for those attorneys who have achieved multi- million dollar awards or settlements for their clients; is a Charter Fellow of the Litigation Counsel of America Trial Lawyer Honorary; is a "Top 100" Trial Lawyer; and is listed in the "Top 10" in the Personal Injury and Insurance Litigation fields. He is listed in the 23d Edition of "The Best Lawyers in America." He has been selected as a Super Lawyer each year since 2006, and is a Top Attorney in North America. Mr. Kornblum is the author of Negotiating and Settling Tort Cases: Reaching the Settlement, published by the Thomson Reuters Publishing Company 5th ed, which be released in the next few months, and two texts on insurance law and bad faith claim, and over 150 published articles on various topics related to civil litigation and insurance and injury claims. Mr. Kornblum has been lecturing on continuing legal education programs for over 45 years on a local, state and national level. He has taught programs for numerous providers and regularly lectures for the San Francisco Bar Association, the National Academy for Continuing Legal Education and other CLE providers. He also has taught law school students at the University of California Law School, San Francisco (formerly the Hastings College of the Law), and at Santa Clara University Law School and San Francisco Law School. Mr. Kornblum has also qualified in both state and federal court as an expert witness on insurance claim handling, settlement value, negotiations and case value, and on the standard of care applicable to lawyers in civil litigation.

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