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Extra-Contractual

The mission of this Committee is to marshal cutting edge extra-contractual knowledge, expertise, and resources to offer a strong platform of related educational programs for CLM members and other litigation professionals. The Committee will take a lead role in developing a framework for implementation of educational and collaborative programs for resolution executives; managers; and front-line professionals for proactive management of extra-contractual issues in multiline insurance settings to enhance good faith and achieve optimal results in resolution outcomes.

The committee’s work is practical as well as theoretical and seeks to produce results, protocols, and recommendations based upon facts gathered from multiple and representative sources. We welcome participation by CLM Fellows and Members.

Announcements

POSTED

ANNOUNCEMENTS

9/15/2021 Join us on Tuesday, October 5th at 12:00 pm ET for an engaging Extra-Contractual webinar:
 
Common Pitfalls of Extra-Contractual Risk Exposure: Recent Trends in Claims and Solutions (CE/CLE Requested)
Presenters:
Sanaz Alempour, Cole, Scott & Kissane, P.A.
Heather Gutkes, Amerisure Mutual Insurance Company
 
The concept of “bad faith” continues to be a hot topic in the insurance industry and is one that starts with the carrier’s claims handling, from receipt of the claim and continues well into the litigation through the claims resolution. In recent years, there have been changes across jurisdictions, expanding the scope of potential liability for bad faith damages and navigating the challenges caused by the continued erosion of the attorney-client privilege in bad faith litigation. The COVID-19 pandemic has impacted litigation in the form of delays as well as creating uncertainty when civil trials will commence with regularity. Savvy claimant attorneys are looking to build up the claim value by posturing the claim early on for potential exposures and all starts with the adjuster’s handling of pre-suit demands. This webinar will highlight some of the recent trends and provide practical solutions on how to avoid the common pitfalls from acknowledgement of the claim through resolution.
 
For CLM’s credit-bearing webinars, CLM will report the CE and/or CLE credits for its CLM members/fellows upon satisfactory completion of the webinar.
 
Join CLM prior to this webinar to receive your CE/CLE for completing it.
 
Reserve your Webinar seat now at:
https://event.on24.com/wcc/r/3257914/4522EDA651C795505906C5A93FB17D9D
8/25/2021 Hello, 

The committee meeting for this month has been canceled. Members will receive an email with login information for the next committee meeting. 

If you have any questions, please reach out to the committee leadership listed below: 

 
Dan Brunson - dbrunson@aains.com (Webinars, Conference)
David M. O'Connor - doconnor@oconnorllc.com (Membership)
Maria Quintero - mquintero@hinshawlaw.com (Webinars, Publications)
Jennifer Wojciechowski - jwojciechowski@cauinsure.com
 
Michael L. Young - mly@heplerbroom.com (publications)
 
Thank you. 
7/12/2021 Good morning!

We have a  few opportunities for industry fellows to join either a case law update roundtable or a panel at the CLM Focus Conference in December.

If you join a case law update, you will need to present and discuss a single case, and then join in the discussion of others presented by the other roundtable members.  It is always a very engaging and interative session.  

If interested in participating on a panel, we have spots available for: 

Bad Faith: The Attorney-Client Privilege and Practical Tips to Avoid a Bad Faith Set Up
Is there a new trend to erode the insurer's attorney-client privilege in bad faith litigation? In Travelers Property Cas. Co. v. 100 Renaissance, LLC, 308 So.3d 847 (Miss. 2020), the Mississippi Supreme Court held held that the insurer impliedly waived the attorney-client privilege and ordered the disclosure of communications between an adjuster and in-house counsel, as well as the in-house counsel's deposition.  This course will discuss certain jurisdictions that are allowing the erosion of the insurer's attorney-client privilege, and best practices to avoid bad faith liability on a national basis. The course will discuss strategies for handling bad faith litigation, including a discussion of discovery tactics, dispositive motions, and trial strategies.  We will discuss how to evaluate and avoid bad faith liability, including a discussion of best practices in claim evaluation and how to protect the attorney-client privilege.

If interested, please either email me at jwojciechowski@cauinsure.com or Khadijah at khadijah.johnson@clm.org. 
Thanks!
6/28/2021 Hello,

The Extra-Contractual Committee’s conference call is scheduled for this Wednesday, June 30th at 4:00 pm ET.

Call-in details have been sent to committee members, and the agenda will be posted in the Notes section of the committee page. 

Talk soon!
6/16/2021 Hello, 

Happy Wednesday! 

The Extra-Contractual committee is hosting the below webinar on October 5th at 12:00 pm ET: 

 
Common Pitfalls of Extra-Contractual Risk Exposure: Recent Trends in Claims and Solutions
Presenters
Description
The concept of “bad faith” continues to be a hot topic in the insurance industry and is one that starts with the carrier’s claims handling, from receipt of the claim, and continues well into the litigation through the claims resolution. In recent years, there have been changes across jurisdictions, expanding the scope of potential liability for bad faith damages and navigating the challenges caused by the continued erosion of the attorney-client privilege in bad faith litigation. The COVID-19 pandemic has impacted litigation in the form of delays as well as creating uncertainty when civil trials will commence with regularity.  Savvy claimant attorneys are looking to build up the claim value by posturing the claim early on for potential exposures. This all starts with the adjuster’s handling of pre-suit demands.  This CE will highlight some of the recent trends and provide practical solutions on how to avoid the common pitfalls from acknowledgement of the claim through resolution. 
 
Reserve your Webinar seat now at:
https://event.on24.com/wcc/r/3257914/4522EDA651C795505906C5A93FB17D9D