2011

Fundamentals of Insurance

Houston Oct 12, 2011 Hotel ZaZa
Conference Concluded

Austin Nov 2, 2011 AT&T Conference Center
Conference Concluded

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Overview

Leading insurance experts Vince Morgan, Michael Sean Quinn, James Cooper, Mark Kincaid, David Timmins, Stephanie Tippit and Jacob Esparza offer a robust one-day program on insurance fundamentals.

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 to the options for resolving insurance disputes to available remedies. Also covered: expert witnesses, Tilley obligations, Stowers issues, discoverability and privilege issues, and more.

In Austin only, the Fundamentals precedes the Insurance Law Institute.

Event Schedule

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

Time

Credit

Subject

Speaker
Wednesday Morning, Nov. 2, 2011
8:00 am
Austin Only

Registration Opens

Includes continental breakfast.
8:50 am
Austin Only

Welcoming Remarks
9:00 am

0.83 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 these elements is the first step in understanding the coverage. This session examines the anatomy of an insurance contract, including declarations, insuring agreement(s), definitions, conditions and duties, exclusions and endorsements.

This 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.
9:50 am

0.50 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 liabilities, 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 (including underwriting and claim personnel), brokers and agents, and outside adjusters and claim consultants.
10:20 am
Austin Only

Break
10:35 am

0.75 hr

The Claim Handling Process: The View from Both Sides

Providing notice of a claim to the insurer typically is a prerequisite to obtaining proceeds under the applicable policy or policies. This session provides practical guidance, including descriptions of documents and information that should be gathered and reviewed before making a claim.

It also addresses the carrier's response, including strategies for assessing the claim's submission, compliance with claim handling deadlines and other obligations, and the various options a carrier has in response to a claim.
11:20 am

0.75 hr

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 the players in insurance disputes earlier in the day, this session looks at those entities involved in insurance 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.
12:05 pm
Austin Only

Break to Pick Up Lunch

Included in conference registration fee.
Wednesday Afternoon, Nov. 2, 2011
12:20 pm

0.75 hr ethics

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.
Austin Only

Luncheon Presentation
1:05 pm
Austin Only

Break
1:20 pm

0.50 hr

The Stowers Case: Introduction

The Stowers doctrine, which addresses when an insurer is obligated to settle a claim against its insured, was born more than 80 years ago. This session explores the fascinating history behind this landmark case, including the participants, the theories advanced by the parties and the rulings from the various courts.
1:50 pm

0.50 hr

Stowers, Continued: Understanding and Working with Stowers Issues Today

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 as it continues to be the subject of heated disputes among policyholders, insurers and claimants.

This session focuses on the current state of the law 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.
2:20 pm

0.75 hr
0.50 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 viability 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.
3:05 pm
Austin Only

Break
3:20 pm

0.50 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.
3:50 pm

0.75 hr

Litigating Insurance Claims, Part II: Rights, Remedies and Outcomes

This session examines the rights and remedies available in insurance litigation, including injunctive relief, pleading and calculating amounts recoverable under common law, the Texas Insurance Code or the DTPA, and addresses how to collect attorney's fees. It also addresses the various methods of resolving insurance disputes, including appraisal, summary judgments, trial, arbitration and other forms of alternative dispute resolution.
4:35 pm

0.42 hr

What I Know Now that I Wish I Knew Then

Lessons learned from a recent entrant in the field.
5:00 pm
Austin Only

Adjourn

In Houston only, please join us for a networking reception immediately following the conference.
5:05 pm

0.00 hr ethics

Fundamentals of Insurance Faculty

In Austin:
J. James Cooper, Gardere Wynne Sewell LLP - Houston, TX
Jacob Cortez Esparza, Hall Maines Lugrin, P.C. - 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, Attorney at Law - Salado, TX
David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX
Allyson Lind Wilkinson, Hall Maines Lugrin, P.C. - Houston, TX
In Houston:
J. James Cooper, Gardere Wynne Sewell LLP - Houston, TX
Jacob Cortez Esparza, Hall Maines Lugrin, P.C. - 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, Attorney at Law - Salado, TX
David H. Timmins, Gardere Wynne Sewell LLP - Dallas, TX

Download Schedule

Conference Faculty

J. James Cooper

Gardere Wynne Sewell LLP
Houston, TX

Jacob Cortez Esparza

Hall Maines Lugrin, P.C.
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

Attorney at Law
Salado, TX

David H. Timmins

Gardere Wynne Sewell LLP
Dallas, TX

Allyson Lind Wilkinson

Hall Maines Lugrin, P.C.
Houston, TX

Planning Committee

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

Attorney at Law
Salado, TX

David H. Timmins

Gardere Wynne Sewell LLP
Dallas, TX

Stephanie Rennell Tippit

Hall Maines Lugrin, P.C.
Houston, TX

MCLE Credit

Texas – 7.00 hrs | 2.00 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, 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.

California – 7.00 hrs | 2.00 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

TX Accounting CPE – 8.00 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.

MCLE Credit

Texas – 7.00 hrs | 2.00 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, Civil Trial Law, Personal Injury Trial Law

California – 7.00 hrs | 2.00 hrs Ethics

Other Credit

TX Accounting CPE – 8.00 hrs

Key Dates

Houston – Oct 12, 2011 – Hotel ZaZa

Conference Concluded

Austin – Nov 2, 2011 – AT&T Conference Center

Conference Concluded

Buy

Houston
Austin

Standard Registration
Last day for $295.00 Regular pricing: Oct 7, 2011

$345.00 for registrations received after this time

Last day for cancellation (full refund): Oct 7, 2011

$50 processing fee applied after this date

Last day for cancellation: Oct 10, 2011

Standard Registration
Last day for $245.00 Regular pricing: Oct 26, 2011

$295.00 for registrations received after this time

Last day for cancellation (full refund): Oct 28, 2011

$50 processing fee applied after this date

Last day for cancellation: Oct 31, 2011

Venue

Hotel ZaZa

5701 Main Street
Houston, TX
713-526-1991 (reservations)
Map

Parking Information

$12 Valet per day of event; $21 Overnight Valet

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$169.00 good through Oct 2, 2011

Parking Information

Free Daily Self-Parking at UT garages. Separate fees apply for valet and overnight parking.

Our Sponsors

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2011

Fundamentals of Insurance

Houston Oct 12, 2011 Hotel ZaZa Conference Concluded

Austin Nov 2, 2011 AT&T Conference Center Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Wednesday Morning, Nov. 2, 2011

Wednesday Afternoon, Nov. 2, 2011

Conference Faculty

J. James Cooper

Jacob Cortez Esparza

Mark L. Kincaid

Vincent E. Morgan

Michael Sean Quinn

David H. Timmins

Allyson Lind Wilkinson

Planning Committee

J. James Cooper

Mark L. Kincaid

Vincent E. Morgan

Michael Sean Quinn

David H. Timmins

Stephanie Rennell Tippit

Credit Info

MCLE Credit

Other Credit

MCLE Credit

Other Credit

Key Dates

Venue

Hotel ZaZa

Parking Information

AT&T Conference Center

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

Houston Oct 12, 2011 Hotel ZaZa
Conference Concluded

Austin Nov 2, 2011 AT&T Conference Center
Conference Concluded