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Insurance Litigation Strategies: Attorney Fees, Improper Joinder, Independent Counsel, the View from the Appellate Bench, and more.

Contains material from Nov 2016

Insurance Litigation Strategies: Attorney Fees, Improper Joinder, Independent Counsel, the View from the Appellate Bench, and more.
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Excellent program. In depth and thoughtful analysis and practical knowledge. Each presenter was well prepared and knowledgable.

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Session 1: ​Attorney Fees in Insurance Litigation: What Works and What Doesn’t One of the common threads in almost all coverage lawsuits is the potential for the policyholder, and sometimes the insurer, to recover their attorneys fees. Explore the legal, equitable, and evidentiary issues for recovering attorneys fees in insurance litigation.

Session 2: Tips for Trying an Insurance Case Two of the state’s leading policyholder and carrier trial lawyers provide strategic insights on successful trial techniques and litigation strategies they have seen work in winning insurance bad faith cases.

Session 3: Update on Removal, Diversity Jurisdiction, and Improper Joinder Examine recent case law developments relating to the removal of state court lawsuits to federal court based on diversity jurisdiction and improper joinder of parties. Discuss the approaches taken by different courts and jurisdictions with respect to whether the plaintiff can establish a cause of action against the non-diverse party in state court.

Session 4: Insured's Right to Independent Counsel: Navigating Texas Case Law Since the Davalos Decision Review the development of the right to independent counsel in Texas since the seminal 2004 Texas Supreme Court decision in Northern County Mutual Ins. Co. v. Davalos, and take an in-depth look at the issues that remain unresolved.
 
Session 5: The View from the Appellate Bench State and federal appellate judges answer questions of real importance to lawyers and clients engaged in coverage litigation.

Session 6: In the Trenches: Litigation from the Insured's Perspective Get practical advice and tips for handling coverage litigation from the insured's perspective.

Includes: Audio Paper Slides


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1. ​Attorney Fees in Insurance Litigation: What Works and What Doesn’t (Nov 2016)

Robert D. Allen

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(mp3)
30 mins
(pdf)
14 pgs
Slides
(pdf)
6 pgs
Session 1 —30 mins
​Attorney Fees in Insurance Litigation: What Works and What Doesn’t (Nov 2016)

One of the common threads in almost all coverage lawsuits is the potential for the policyholder, and sometimes the insurer, to recover their attorneys fees. Explore the legal, equitable, and evidentiary issues for recovering attorneys fees in insurance litigation. 

Originally presented: Nov 2016 Insurance Law Institute

Robert D. Allen, Law Offices of Robert D. Allen, PLLC - Dallas, TX

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2. Tips for Trying an Insurance Case (Nov 2016)

John Scott Black, Christopher W. Martin

0.75 0.25 0.00
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(mp3)
44 mins
Slides
(pdf)
4 pgs
Session 2 —44 mins
Tips for Trying an Insurance Case (Nov 2016)

Two of the state’s leading policyholder and carrier trial lawyers provide strategic insights on successful trial techniques and litigation strategies they have seen work in winning insurance bad faith cases. 

Originally presented: Nov 2016 Insurance Law Institute

John Scott Black, Daly & Black, P.C. - Houston, TX
Christopher W. Martin, Martin, Disiere, Jefferson & Wisdom, L.L.P. - Houston, TX

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3. Update on Removal, Diversity Jurisdiction, and Improper Joinder (Nov 2016)

Andrew R. Kunau

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(mp3)
37 mins
Session 3 —37 mins
Update on Removal, Diversity Jurisdiction, and Improper Joinder (Nov 2016)

Examine recent case law developments relating to the removal of state court lawsuits to federal court based on diversity jurisdiction and improper joinder of parties. Discuss the approaches taken by different courts and jurisdictions with respect to whether the plaintiff can establish a cause of action against the non-diverse party in state court.

Originally presented: Nov 2016 Insurance Law Institute

Andrew R. Kunau, The Travelers Companies - San Antonio, TX

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4. Insured's Right to Independent Counsel: Navigating Texas Case Law Since the Davalos Decision (Nov 2016)

J. James Cooper, Candace A. Ourso

0.75 0.50 0.00
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(mp3)
46 mins
(pdf)
14 pgs
Slides
(pdf)
9 pgs
Session 4 —46 mins
Insured's Right to Independent Counsel: Navigating Texas Case Law Since the Davalos Decision (Nov 2016)

Review the development of the right to independent counsel in Texas since the seminal 2004 Texas Supreme Court decision in Northern County Mutual Ins. Co. v. Davalos, and take an in-depth look at the issues that remain unresolved.

Originally presented: Nov 2016 Insurance Law Institute

J. James Cooper, Reed Smith LLP - Houston, TX
Candace A. Ourso, Hall Maines Lugrin, P.C. - Houston, TX

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5. The View from the Appellate Bench (Nov 2016)

Robert M. (Randy) Roach Jr., Hon. J. Brett Busby, Hon. Tracy Christopher, Hon. Gregg Costa

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(mp3)
54 mins
(pdf)
9 pgs
Session 5 —54 mins
The View from the Appellate Bench (Nov 2016)

State and federal appellate judges answer questions of real importance to lawyers and clients engaged in coverage litigation.

Originally presented: Nov 2016 Insurance Law Institute

Robert M. (Randy) Roach Jr., Roach & Newton, L.L.P. - Houston, TX
Hon. J. Brett Busby, Fourteenth Court of Appeals - Houston, TX
Hon. Tracy Christopher, Fourteenth Court of Appeals - Houston, TX
Hon. Gregg Costa, U.S. Court of Appeals, Fifth Circuit - Houston, TX

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6. In the Trenches: Litigation from the Insured's Perspective (Nov 2016)

Norton A. Colvin Jr.

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(mp3)
15 mins
(pdf)
9 pgs
Session 6 —15 mins
In the Trenches: Litigation from the Insured's Perspective (Nov 2016)

Get practical advice and tips for handling coverage litigation from the insured's perspective.

Originally presented: Nov 2016 Insurance Law Institute

Norton A. Colvin Jr., Colvin, Chaney, Saenz & Rodriguez, L.L.P. - Brownsville, TX