Insurance Litigation Strategies

Session 1: Using the New Pattern Jury Charge Insurance Questions - A brief guide to the new PJC questions and instructions for insurance breach of contract cases.

Session 2: Duties During Litigation - An examination of the continuing duties of carriers and insureds after coverage litigation is filed, including an in-depth look at the continuation of penalty interest under the Prompt Payment Statute.

Session 3: Preserving Error - An appellate Justice, a trial judge, and an appellate practitioner evaluate common problems with error preservation over the life cycle of a case, with a particular emphasis on insurance cases.

Session 4: Ethics of Witness Preparation in Coverage Case - Consider what a lawyer should and should not do when preparing a witness to testify for deposition and trial.

Session 5: How to Draft a Proper Stowers Demand and Submit a Stowers Case to a Jury - An interactive examination of the often debated question—is this a valid Stowers demand? Are you ever called to draft, review or evaluate settlement letters purporting to be a “Stowers” demand? Put your Stowersknowledge to the test. Cast your vote on whether you think certain “real world” settlement demands are valid Stowers demands, and learn valuable tips on how to submit a Stowers case to a jury.

Session 6: Gandy/Seger: Assignments and Actual Trials - Explore Gandy and Seger and their progeny, with a focus on courts requiring an actual trial before a judgment is binding on an insurer. Judicial exceptions are addressed, as well as the assignability of contractual, statutory and tort causes of action by an insured against an insurer to others, and the limitations placed upon such assignments by the courts.

Includes: Audio Paper Slides