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How to Take Control of Your Deposition as a Claims Professional
In response to policy coverage disputes, disputed or complex claims and other related issues, it is frequently requested that insurance professionals be deposed. In order to handle this responsibility, insurance professionals should acquire certain knowledge and skills pertaining to depositions. The goal of this course is to provide training to claims professionals to help them understand the purpose and role of being a witness, the uses and importance of a deposition in modern-day litigation and how the manner in which a deponent answers specific questions can affect the deponent’s ultimate performance in a deposition. This course will also provide education and training regarding how to prepare for a deposition, the “job” of the lawyer with respect to depositions and the basic principles and best practices for how to professionally handle a deposition, with specific emphasis on unique considerations for bad faith cases and depositions of 30(b)(6) witnesses. Learning these techniques will increase the insurance professional’s knowledge of depositions, which will in turn help the insurance professional avoid unfavorable testimony.
Specifically, before appearing at a deposition to give fact witness or corporate testimony, insurance professionals should learn, in the general sense, how and why depositions are conducted, as well as, specifically, how one should conduct him or herself as a deponent. An understanding of the fundamentals of a deposition and proper conduct can both improve the outcome of the issues and prevent the escalation of any issues.
Learning activities will include discussion of examples of deposition behavior with the use of pre-recorded video clips to illustrate such behavior and discourse regarding practical considerations such as preparing for a deposition and the use of an ERRATA sheet.
Understanding the Essential Elements of Risk Transfer
Understanding the elements of risk transfer, what it means and how it affects your coverage analysis and claim handling is essential. Knowing the questions to ask, not necessarily knowing the answers, will be the key to properly handling the claim. Recognizing and properly addressing these issues can also enhance your relationship with your insured since it often impacts their client relationships.
Evaluation - Managing Reserves
Carolyn Eldracher, Tokio Marine America
Rondiene Novitz, Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP
This course walks through the process of reserve analysis and addresses the multifactorial process in developing and establishing case file reserves. The course addresses factors that impact the final assessment including: coverage issues, specific types of damages, and liability scenarios.
To provide course participants with the tools to assess claims, their value and final claim assessment. The course provides through discussion and analysis a greater awareness of the multifactorial issues and facts that impact the value of a case and the overall reserve analysis process. At the end of this course, you will be able to:
• Make an initial reserve assessment
• Map out a strategy for setting the reserve.
• Develop key information for early reserve assessment.
• Apply critical analysis to establish the reserve.
Litigation Management I: Partnering with Defense Counsel and Managing Legal Spend
Stanley Greenspan, Crum & Forster
The litigation process can be complex and expensive. Understanding how to successfully work in 3-party relationship (insured, insurer and counsel) is essential in achieving the most desired result. Knowing your role and how to effectively work with your partners is the central focus of this course. In addition, skillfully managing the cost of the litigation is a challenge that can reap significant benefits. If done properly, not only will there be fewer surprises, but the relationship between the insured, insurer and counsel will actually grow stronger.Back to top
Litigation Management 2: Managing the Litigation Process and Spend
To understand how to select and partner with counsel in the litigation process.
• Understand how to select and partner with counsel in the litigation process
• Recognize the right counsel for the right case
• Describe how to develop and implement a joint strategy/direction
• Explain how to manage counsel and the legal feesBack to top
Investigation: Expert Selection and Admissibility
The goal of this course is to provide the attendees the tools for determining whether a case requires (or warrants) the use of an expert and, if so, when in the life-cycle of the claim an expert should be hired, what kind of expert should be retained and the criteria that should be considered when deciding which expert should be retained. The two primary tests used by courts to determine whether an expert’s testimony will be admissible at trial will also be analyzed. Attendees will then participate in a small group-exercise where they will apply what they have learned. After reviewing the facts of an accident caused by an allegedly defective product and the resumes of three experts, each small group will be asked to decide which expert they believe should be retained. Each small group will then present their conclusion about who to hire, and their reasons for their conclusion, to the class as a whole.
Case Resolution: Development of a Negotiation Strategy
Jaynie Spies, Oklahoma Municipal Assurance Group
Lee Weatherly, Copeland, Stair, Valz & Lovell, LLP
This course is designed to allow the student to take a disciplined approach to negotiation by learning tested methods of negotiation. The course will allow the student to use the methods learned and to apply them to their own style by participating in negotiating exercises.