Schedule/Sessions

Breakfast

Welcome

First and Third Party Extra-Contractual Claims

• Speakers:

• Robert Brunson, Freeman Mathis & Gary, LLP

• L. Kathleen Chaney, Lambdin & Chaney

An insurer’s duty of good faith and fair dealing is implied in every insurance policy. A first party extra contractual claim arises when a policyholder alleges the insurer has not acted in good faith in the handling of the insurance claim and involves damages in addition to or outside, the contract of insurance. A third party extra contractual claim is one brought against the insurer by someone other than the named insured for the same type of damages. This course will enable the student to understand when and how extra contractual claims arise, good claims handling to avoid extra contractual claims, how the courts and/or state statutes define good claims handling and the damages recoverable in extracontractual claims. It will also guide the student in understanding that third party extracontractual damages can be recovered in a roundabout way where no direct action is allowed.   

Break

Institutional Bad Faith

• Speakers:

• Joe Cowan, Hand Arendall LLC

The landscape and focus of extra-contractual litigation is constantly changing. This course will discuss what an institutional extra-contractual claim is and how it differs from a typical extra-contractual claim. We will explore the subject matter of these claims; the discovery requests associated with them; and how to defend these types of claims. 
 

Lunch

Pretrial/Trial of Extra-Contractual Claims

• Speakers:

• Jeffrey Chen, EMC Insurance Companies

• Debra Varner, Varner & Van Volkenberg, PLLC

Because extra-contractual litigation focuses on the insurance company’s conduct, litigation in these cases may require significant company resources. This course will discuss the unique challenges which must be addressed in extra-contractual litigation including evaluating of the claim; identifying company resources needed; selection of counsel; formulating and executing a litigation plan; and options for resolution. 
 

Break

Group Project - Case Study Introduction and Questions

• Speakers:

• Kate Jacobi, Reichardt Noce & Young LLC

• William Kobokovich, Travelers