Laura Paton, Sarah (Wetmore) Butler, and Patrick Norris proudly represented Copeland, Stair, Kingma & Lovell, LLP at the 2017 CLM & Business Insurance Construction Conference in San Diego this week. Both Laura and Sarah were selected to speak as panelists. Laura’s panel focused on properly reserving your rights to later disclaim coverage subsequent to the Heritage Communities decision and Sarah’s panel discussed tips on drafting an enforceable settlement agreement. Here are a few takeaways from each presentation:
Reserving your Rights:
- Be timely in sending out your ROR – the sooner the better!
- DON’T use the “cut and paste” method inserting huge chunks of the policy into a letter without substantive explanation
- DO provide a thorough analysis of the reasoning for the reservation and discuss how the facts of the case apply to the policy provisions
- DO include notice as to any special remedies you may later pursue like submitting special interrogatories or requesting a special verdict
Drafting your Release:
- Get it SIGNED! Under the South Carolina Rules of Civil Procedure, you need a signed writing to enforce settlement
- DO consider indemnity issues, additional insured claims and potential assignments when drafting the release
- Understand the difference between a full release, a mutual release, an issue release and a convening not to execute
- Be wary of timing requirements and be careful in proof reading the settlement documents for proper inclusion of parties and claims
Carlock Copeland Attorneys Charlie McDaniel and Erica Parsons will speak at this National Business Institute Seminar offering 6 CEU or CLE hours on multiple coverage, uninsured motorist offsets, medicare set-asides and more. The seminar is designed for professionals who want to develop further proficiency in handling complicated auto insurance coverage situations, this legal course examines select, sophisticated coverage issues and brings them to life with hypothetical situations and strategies for handling them. You’ll learn how to:
- Accurately allocate loss in insurance claims involving multiple tortfeasors.
- Stay up to date on the latest decisions regarding uninsured motorist offsets, stacking policies and “anti-stacking” policy language.
- Find out how the new CMS rules change Medicare set-asides and affect your settlements.
- Stay current on the latest case law and legislative decisions influencing auto insurance coverage.
- Examine complex subrogation issues involving ERISA, Medicare, Medicaid, and workers’ compensation.
- Discover which bad faith actions invoke trebling of stipulated covenant judgments.
- Determine when working with a difficult client has crossed an ethical line.
- Exchange tips and concerns with colleagues and our experienced faculty.
Charlie’s presentation, “Stacking Insurance Coverage and Uninsured Motorist Claims,” will cover:
- Stacking of Commercial and Personal Policies
- When is a Negligent Motorist Considered Underinsured?
- Uninsured Motorist Offsets: When is the Insurer Entitled to Setoff?
Erica’s presentation, “Bad Faith Trends,” will cover:
- When Does Denial of Coverage Become Bad Faith?
- Stipulated Covenant Judgments
- Treble Damages
Register today to attend!
We are pleased to announce Copeland, Stair, Kingma & Lovell we will be hosting an Insurance Coverage & Bad Faith Seminar for claims professionals at the Atlanta Botanical Garden on September 19, 2013. Topics will include: insurance coverage and bad faith litigation; coverage in construction defect claims; first party claims; excess carrier involvement in excess exposure cases; and the ethics of using social media in claims investigations.
Not only will the seminar include five hours of continuing education, but you are also invited to attend a private reception, enjoy full access to the gardens, discover a special exhibit: “Imaginary Worlds – Plants Larger Than Life”, and indulge in an Atlanta Botanical Garden signature event, Cocktails in the Garden.
Space is limited. Register now.