Schedule/Sessions

Breakfast

First and Third Party Extra-Contractual Claims

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

Extra-Contractual Claim Red Flags Part I

This course will identify claims handling red flags that every claims resolution professional should be able to recognize and understand how to appropriately respond. Among other items, this course will discuss coverage disputes; how and when to make an offer; policy limits/time limited demands; insufficient limits; rejection of a demand; rejection of a reservation of rights; and consent judgments.
 

Lunch

Extra-Contractual Claim Red Flags Part II

Break

Consent Judgments - Primary and Excess Insurer EC Issues

This course is to explain how the use of consent judgments can lead to extra-contractual exposures for carriers. This course will explain what consent judgments are, why plaintiff’s counsel would want to enter into a consent judgment, situations where consent judgments arise, the mechanics of a consent judgment and methods by which carriers can either attack or prevent consent judgments. At the conclusion of this course, students will understand the fundamentals consent judgments, and will understand methods for attacking or preventing consent judgments.  

 

Break

Group Project - Case Study Introduction and Questions