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Qualifying course for Texas Department of Insurance (TDI) Continuing Education credit.
Conference art

2010

Fundamentals of Insurance

A Guide to the Claims Process for Commercial Litigators, Business Lawyers, Brokers and New Coverage Counsel
Dallas Jul 29-30, 2010 Belo Mansion
Conference Concluded
Houston Aug 12-13, 2010 Norris Conference Center - CityCentre
Conference Concluded
Buy
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Overview

Join leading insurance experts Michael Sean Quinn, Vince Morgan, James Cooper, Mark Kincaid, David Timmins and Stephanie Tippit at UT Law's new program, Fundamentals of Insurance.

This program provides litigators, attorneys, brokers and coverage counsel with the tools to draft a policy, understand the players in an insurance dispute, navigate the claims handling process from preparation to response, and covers the litigation and settlement process from determining the forum for litigation to available remedies to summary judgment motions. Also covered: expert witnesses, Texas storm litigation, discoverability, privilege issues, obligations of the insured, reservation of rights and more.

Don't miss this unique opportunity to learn from and interact with the experts. You'll come away with an enhanced understanding of the insurance claims process as well as a suite of sample forms, checklists, documents and language for day-to-day use.

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1
  • Day 2
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, July 29, 2010
    Presiding Officer:
    Stephanie Rennell Tippit, Westmoreland Hall Maines & Lugrin, P.C. - Houston, TX
  • 8:00 am
    Dallas Only
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Dallas Only
    Welcoming Remarks

  • 9:00 am
    1.00 hr
    The Structure and Context of Insurance Contracts: How to Read and Interpret the Policy
    Insurance policies come in many different forms, but they typically have the same key structural elements. Understanding those elements is the first step in understanding the coverage. This session examines the anatomy of an insurance contract, including: 1)declarations, 2)insuring agreement(s), 3)definitions, 4)conditions and duties, 5)exclusions and 6)endorsements.

    The session also highlights some basic concepts for those new to insurance, including the differences between first-party and third-party coverage; the special interpretive rules for insurance contracts; the duties explicitly contained in the policy versus those found in statute or common law; insurance documents and agreements found outside the policy, such as certificates of insurance; and the differences between primary, excess and umbrella insurance policies.

    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX

  • 10:00 am
    0.75 hr
    Understanding the Players: Who Are They? What Are Their Roles? How Do They Operate in Practice?
    Insurance disputes can involve a number of players, whose roles and classification are important in determining the discoverability of their work, their potential status as parties, their duties and liability, and whether their actions fall under the Texas Insurance Code or DTPA. The goal of this session is to leave you not only with a good understanding of the players, but also a practical knowledge of how such parties are typically involved in real-world disputes.

    The most commonly encountered players in insurance disputes include: insurance carriers, which may include primary, excess and umbrella carriers; underwriters, who operate within insurance companies to design, price and sometimes advise on the meaning of languages in policies; adjusters, who may be in-house or independent, and are generally the first line of contact for claims investigation and determination and are often target defendants; and third-party insurance brokers and agents, who are frequently retained to assist individuals and companies in obtaining coverage, and can also sometimes be defendants in insurance litigation.

    Stephanie Rennell Tippit, Westmoreland Hall Maines & Lugrin, P.C. - Houston, TX

  • 10:45 am
    Dallas Only
    Break

  • 11:00 am
    0.25 hr
    Eyes on the Rules: The Critical Importance of the Texas Insurance Code for Deadlines, Process and Liability
    You can manage or litigate insurance disputes more effectively once you become friends with the Texas Insurance Code, which includes specific rules on deadlines, claims handling procedures and liability. This session advises you on where to look and highlights some critical differences with general civil trial rules.

    Mark L. Kincaid, Kincaid & Horton L.L.P. - Austin, TX


  • Dallas Only
    THE CLAIMS HANDLING PROCESS

  • 11:15 am
    1.00 hr
    Preparing and Making a Claim: A Practical Guide to the Issues, Pitfalls and Best Practices
    Providing notice of a claim and proof of loss to the insurer is typically a prerequisite to obtaining proceeds under the applicable policy or policies. This session provides practical guidance, including sample checklists and descriptions of documents and information that should be gathered and reviewed before making a claim. It also addresses strategies and options to maximize potential coverage and benefits, as well as the critical importance of understanding and following the notice provisions of the policy and the effective drafting of proof of loss documents, including avoiding common errors.

    This session also covers how to evaluate and make claims against policies held by others, and the major--and often overlooked-- Impact of indemnity agreements in other contracts on the rights of insured parties to policy proceeds. The session concludes with a discussion of the various responses a company might make to a claim, e.g., acceptance, denial, reservation of rights, request for more information, etc., and the possible options of an insured to those responses.

    Mark L. Kincaid, Kincaid & Horton L.L.P. - Austin, TX

  • Thursday Afternoon, July 29, 2010
    Presiding Officer:
    David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX

  • Dallas Only
    Luncheon Presentation

  • 12:15 pm
    Dallas Only
    Pick up Box Lunch
    Included in conference registration.

  • 12:30 pm
    0.75 hr ethics
    Lunch Presentation: The Tripartite Relationship and Tilley Obligations
    The Texas Supreme Court’s 1973 Tilley decision defined the obligations of the defense counsel hired by insurance companies to defend insureds, but those relationships continue to be a source of friction and confusion.  This session examines the ethical obligations of so-called “Tilley counsel,” the impact on the attorney-client relationship and privilege, and the question of who has the right to choose counsel.

    David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX

  • 1:15 pm
    Dallas Only
    Break

  • 1:30 pm
    0.25 hr
    General Obligations of the Insured: The Role of Policy Provisions, Statutes and Case Law
    The duties under an insurance policy are not a one-way street.  An insured also has several obligations that must be observed, and the failure to do so can have a significant effect on coverage.  This session examines the insured’s obligations, including notice, cooperation and obtaining the insurer’s consent.

    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX

  • 1:45 pm
    1.00 hr
    0.25 hr ethics
    The Insurers' Response to a Claim: Reservation of Rights
    What is a reservation of rights? What rights does an insurer have to reserve? What must always be included? When should a reservation be issued? When should the insured respond to a reservation of rights?

    This session addresses the purpose of reservation of rights, how they may affect the rights of the insurer and the insured, and what to do when you receive one. We’ll look at sample correspondence and talk about strategic decisions prompted by reservations.

    Commentator:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

  • 2:45 pm
    1.00 hr
    Insurer’s Duty to Settle: Understanding and Working with Stowers Issues
    The Stowers doctrine, which addresses when an insurer is obligated to settle a claim against its insured, was born more than 80 years ago but continues to be the subject of heated disputes among policyholders, insurers and claimants. Stowers now refers to an ever-growing body of case law, and knowing what is meant by “Stowerize” is critical to anyone involved in litigation.

    This session briefly explores the fascinating history behind this landmark case, introduces you to the duty to settle by addressing the circumstances that trigger it (and those that don’t), examines the strategic considerations for the policyholder and the insurer in dealing with settlement demands, and applies the Stowers doctrine to more complicated scenarios involving multiple claimants, multiple insureds or multiple policies.

    J. James Cooper, Gardere Wynne Sewell LLP - Houston, TX
    David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX

  • 3:45 pm
    Dallas Only
    Break


  • Dallas Only
    THE LITIGATION AND SETTLEMENT PROCESS

  • 4:00 pm
    1.00 hr
    0.25 hr ethics
    Litigating Insurance Claims, Part I: Jurisdiction, Parties and Pleadings
    When it’s time to file suit, a host of strategic considerations must be considered. This session identifies the available and proper forums for litigation, whether by contract or statute, and examines the option whether to concede to the forum or challenge it.

    Having reviewed earlier in the day the players in insurance disputes, this session looks at those entities invloved insuranced disputes as potential parties to litigation and at theories of their possible liability; examines how to plead and prove issues in insurance disputes; and introduces the use of declaratory judgments and other mechanisms to obtain early coverage determinations.

    Stephanie Rennell Tippit, Westmoreland Hall Maines & Lugrin, P.C. - Houston, TX

  • 5:00 pm
    0.50 hr
    Q&A Session: Thursday
    The speakers from the day's sessions are available to answer questions.

  • 5:30 pm
    Dallas Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, July 30, 2010
    Presiding Officer:
    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
  • 7:45 am
    Conference Room Opens
    Includes continental breakfast.

  • THE LITIGATION AND SETTLEMENT PROCESS continued

  • 8:30 am
    1.00 hr
    0.75 hr ethics
    Key Discoverability and Privilege Issues involving Insurance Disputes
    Can I have the adjuster's file? If a lawyer conducts the investigation, can I get her file? Can the lawyer communicate with the insured and the insurer without waiving privilege? These questions are frequent issues in insurance litigation.

    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

  • 9:30 am
    0.75 hr
    Litigating Insurance Claims, Part II: Damages, Fees and Penalties
    This session examines the remedies available in insurance litigation, including pleading and calculating amounts recoverable under common law, the Texas Insurance Code or the DTPA, and addresses how to collect attorney fees.

    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX

  • 10:15 am
    Break

  • 10:30 am
    0.67 hr
    The Critical Role of Summary Judgment Motions and Rules of Construction in Insurance Litigation
    The majority of insurance litigation is resolved on summary judgment.  This session addresses how it works, when it's available and how to oppose it.

    Stephanie Rennell Tippit, Westmoreland Hall Maines & Lugrin, P.C. - Houston, TX

  • 11:10 am
    0.67 hr
    0.25 hr ethics
    Expert Witnesses in Insurance Cases
    Disputes with insurance companies frequently require the use of expert witnesses. The insured may need experts to prove the validity of the claim when it involves scientific, medical or engineering evidence, or to address financial, legal or organizational matters. In Stowers cases, experts may be needed to establish the reasonableness of the Plaintiff’s settlement demand. The insured frequently hires an expert to testify that the insurer’s handling of the claim was unreasonable or untimely. Of course, the insurer itself may need expert witnesses on each of these topics in rebuttal.  All of those experts may be the subject of Daubert challenges. This session addresses the circumstances when experts may be necessary, and the Daubert and other considerations involved in using them.

    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

  • 11:50 am
    0.67 hr
    Mother Nature and Insurance: Current Law and Strategies for Texas Storm Litigation
    An overview of coverage issues arising out of extreme weather events, such as floods, hurricanes, tornadoes and hail storms.  The presentation explores the core coverages that are implicated by those events, such as property damage, business interruption and extra expense, as well as extensions of coverage and examines cutting-edge litigation topics, including causation, cosmetic versus structural damage, and other frequent areas of dispute.

    Vincent E. Morgan, Pillsbury Winthrop Shaw Pittman LLP - Houston, TX
    Michael Sean Quinn, Quinn Hayes & Quinn - Austin, TX

  • 12:30 pm
    0.33 hr
    Q&A Session: Friday
    The speakers from the day's sessions are available to answer questions.

  • 12:50 pm
    Adjourn

  • Day 1 July 29, 2010
  • Day 2 July 30, 2010
Download Schedule

Conference Faculty

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

Mark L. Kincaid

Kincaid & Horton L.L.P.
Austin, TX

Vincent E. Morgan

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

David H. Timmins

Gardere Wynne Sewell LLP
Dallas, TX

Stephanie Rennell Tippit

Westmoreland Hall Maines & Lugrin, P.C.
Houston, TX

Planning Committee

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Vincent E. Morgan

Pillsbury Winthrop Shaw Pittman LLP
Houston, TX

Michael Sean Quinn

Quinn Hayes & Quinn
Austin, TX

David H. Timmins

Gardere Wynne Sewell LLP
Dallas, TX

Stephanie Rennell Tippit

Westmoreland Hall Maines & Lugrin, P.C.
Houston, TX

Credit Info

  • Dallas
  • Houston
MCLE Credit
Toggle view Texas – 11.50 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Civil Trial Law, Personal Injury Trial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 11.50 hrs  |  2.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 13.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Insurance – 0.00 hr
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
MCLE Credit
Toggle view Texas – 11.50 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Civil Trial Law, Personal Injury Trial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 11.50 hrs  |  2.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 13.00 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Insurance – 0.00 hr
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 

Key Dates

Dallas – Jul 29-30, 2010 – Belo Mansion
Conference Concluded
Houston – Aug 12-13, 2010 – Norris Conference Center - CityCentre
Conference Concluded
Buy
  • Dallas
  • Houston
Standard Registration
Last day for $435.00 Regular pricing: Jul 21, 2010

$485.00 for registrations received after this time

Last day for cancellation (full refund): Jul 23, 2010

$50 processing fee applied after this date

Last day for cancellation: Jul 26, 2010
Standard Registration
Last day for $435.00 Regular pricing: Aug 4, 2010

$485.00 for registrations received after this time

Last day for cancellation (full refund): Aug 6, 2010

$50 processing fee applied after this date

Last day for cancellation: Aug 9, 2010

Venue

speaker

Belo Mansion

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

Self Parking $3 per day for Dallas Bar Members; $10 per day non-Dallas Bar members

speaker

Norris Conference Center - CityCentre

816 Town and Country Blvd. Suite 210
Houston, TX 77024
713.590.0950
Map

Parking Information

Complimentary

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