Insurance Bad Faith Litigation

Transcription

1 Hotly Contested Issues in Insurance Bad Faith Litigation LIVE PROGRAM & LIVE WEBCAST: DECEMBER 17, 2015 Live program will be at the Colorado CLE Classroom 1900 Grant Street, Suite 300, Denver, CO Every attendee receives a copy of the newly released Edition of Colorado Law of Insurance Bad Faith by Gregory R. Giometti! WHO SHOULD ATTEND: Attorneys practicing in the areas of insurance, bodily injury, and construction litigation Insurance professionals, including claims adjusters, claim managers, and senior management Mediators and judges HIGHLIGHTS OF THE SEMINAR: This seminar is an intermediate to advanced seminar focusing on recent developments and hotly contested issues in the law of insurance bad faith. The faculty will provide insights into how to prosecute and defend against insurance bad faith issues. VIDEO REPLAYS: JANUARY 13, 2016 Denver, Colorado Springs, and Grand Junction CREDITS: Submitted for 6 General CLE Credits REGISTER FOR THIS PROGRAM ONLINE! Go to

2 Hotly Contested Issues in Insurance Bad Faith Litigation AGENDA 8:30-9:00 am Registration and Continental Breakfast 9:00-10:20 am Recent Developments in Bad Faith Law Presented by Gregory Giometti 10:20-10:30 am Networking Break 10:30-11:45 am Hotly Contested Issues in Insurance Bad Faith Litigation Part One "Setting Up" a bad faith claim: Are "set up" letters admissible; By trying to "set up" a bad faith claim does the insured breach the duty to cooperate; Does engaging in a battle of letters inject counsel into the case as witnesses? Invalidation of exhaustion clauses in UIM coverage by Tubbs v. Farmers Insurance Exchange, P.3d (Colo.App. 2015), 2015 WL Evaluating and handling a UIM case in the absence of an enforceable exhaustion clause. Fisher v. State Farm Mutual Automobile Ins. Co., P.3d (Colo.App. 2015), 2015 WL Does a UM/UIM carrier have an obligation to pay benefits on a piecemeal basis? Rise and fall of the "fairly debatable" standard Presented by Gregory Giometti (Moderator), Michael Rosenberg (Plaintiff s Perspective) and Jon Sands (Defendant s Perspective) 11:45 am - 1:00 pm Lunch Break (On Your Own) 1:00-3:00 pm Hotly Contested Issues in Insurance Bad Faith Litigation Part Two Bad faith litigation arising out of disputed property damage claims Role of public adjusters in disputed claims Use and abuse of the appraisal process Is the appraisal process subject to the Uniform Arbitration Act? Grounds for invalidating appraisal awards Presented by Gregory Giometti (Moderator), Michael Rosenberg (Plaintiff s Perspective) and Jon Sands (Defendant s Perspective) 3:00 pm Adjourn LIVE PROGRAM & LIVE WEBCAST: DECEMBER 17, 2015 Live program at the Colorado CLE Classroom 1900 Grant Street, Suite 300, Denver, CO VIDEO REPLAYS: JANUARY 13, 2016 Denver, Colorado Springs, and Grand Junction CREDITS: Submitted for 6 General CLE Credits

3 OUR DISTINGUISHED FACULTY Gregory R. Giometti, Esq. Gregory R. Giometti & Associates, Denver, CO Gregory R. Giometti graduated from the University of Oregon in 1979 with a bachelor's degree in history. He then attended the University of Idaho College of Law, obtaining his J.D. degree in 1982 and becoming licensed in Idaho in September After law school, he clerked for the Idaho Court of Appeals for a year and then began practicing with a Boise insurance defense firm, Quane, Smith, Howard and Hull. In October 1987, he was admitted to the bar in Colorado and began practicing law in Denver. For more than 24 years in Colorado, Mr. Giometti has concentrated his practice in the area of insurance defense litigation, but he also handles some plaintiffs' cases, particularly wrongful death, probate, and health and disability insurance matters. Since October 6, 2006, Mr. Giometti has practiced with his own firm in Denver, Gregory R. Giometti & Associates. He has conducted more than 60 civil jury trials in Colorado district courts and has also handled numerous appellate matters. He is one of Colorado's most experienced attorneys in handling insurance bad faith and wrongful death litigation. Since 1996, Mr. Giometti has authored numerous works for Continuing Legal Education in Colorado, Inc., the nonprofit educational arm of the Colorado Bar Association. Mr. Giometti's publications include Colorado Law of Insurance Bad Faith, 4th ed. (CLE in Colo., Inc. 2015); Colorado Automobile Accident Litigation & Insurance Handbook, 2d ed. (CLE in Colo., Inc. 2013); and Colorado Handbook of Wrongful Death Law, 3rd ed. (CLE in Colo., Inc. 2015). Michael J. Rosenberg, Esq. Levin Rosenberg, Denver, CO Michael J. Rosenberg is a shareholder in the Denver law firm of Levin Rosenberg, specializing in the areas of insurance recovery, bad faith, and catastrophic personal injury. Mr. Rosenberg is a 1996 graduate of the University of Denver College of Law, where he served as the articles editor of the law review, was selected to the American Bar Association Trial Team, and graduated in the top 5 percent of his class. After graduation, Mr. Rosenberg served as law clerk to the Honorable Steven C. Briggs on the Colorado Court of Appeals. Prior to joining Roberts Levin Rosenberg PC, Mr. Rosenberg spent approximately four years representing insurance companies and their insureds, as well as fidelity and surety companies, in a wide variety of claims, including professional liability, products liability, catastrophic injury, insurance coverage, and bad faith. Mr. Rosenberg now dedicates the bulk of his practice to representing policyholders, both corporate and individual, in disputes with their insurers. Through his previous experience counseling insurance companies and defending them in litigation, both locally and abroad, Mr. Rosenberg has developed a unique understanding and knowledge of the insurance industry in general, and of the inner workings of numerous insurance companies in particular. This knowledge has proven invaluable in Mr. Rosenberg's insurance recovery practice. Mr. Rosenberg carries Martindale-Hubbell's highest peer AV rating and has been listed in Colorado Super Lawyers from 2009 to 2015, including the Top 100 Attorneys in Colorado in 2014 and 2015, and Best Lawyers in America from Mr. Rosenberg is the current President-Elect of the Colorado Trial Lawyers Association and has been on the Board of Directors of the organization since 2009.

4 REGISTER FOR THIS PROGRAM ONLINE! Go to Jon F. Sands, Esq. Sweetbaum Sands Anderson PC, Denver, CO Jon F. Sands received a B.S. from the University of Colorado and a J.D. from the University of Colorado School of Law (1980). Mr. Sands practices in the firm's litigation department, specializing in insurance defense; bad faith defense; and insurance coverage, title insurance, and real estate litigation. He has been lead trial counsel in numerous jury and bench trials throughout Colorado, and also teaches courses on insurance and real estate litigation and trial presentation. He also has an extensive appellate practice history. He is currently a member of the CBA Litigation Section Council. He has published articles in The Colorado Lawyer. Mr. Sands has been selected for inclusion in The Best Lawyers in America for the years 2007 through 2014, and has been included in the U.S. News and World Report Best Lawyers edition. He was selected as Defense Lawyer of the Year for He has been selected by his peers as one of the top 50 trial lawyers in Colorado for 2010 and one of the "Top 100" for Mr. Sands is past president of the Denver Dumb Friends League; past president of the Animal Assistance Foundation, a 30 million foundation headquartered in Denver; and former member of the board of directors of the Colorado Humane Society. ABOUT THE BOOK Colorado Law of Insurance Bad Faith Fourth Edition (2015) By Gregory R. Giometti, Esq. Colorado Law of Insurance Bad Faith provides practitioners with a crucial review of the law and bad faith elements, including the different types of claims and remedies. Readers can examine issues from both the plaintiff's and defendant's point of view. Pre-trial and trial strategies are reviewed that provide insights and strategies in how to effectively prosecute and defend against insurance bad faith claims. SUMMARY TABLE OF CONTENTS Chapter 1: Insurance Bad Faith Claims in Colorado Chapter 2 : Tort Versus Contract Remedies Chapter 3: First Party And Third-Party Claims Chapter 4: Basis Of The Bad Faith Claim Chapter 5: Standard of Liability in Third-Party Cases Chapter 6: Standard of Liability in First-Party Cases Chapter 7: Reasonableness of the Insurer s Conduct The Fairly Debatable Standard Chapter 8: Consent Judgments and Assignments of Bad Faith Claims Chapter 9: Quasi-Bad-Faith Claims Litigation Under The CCPA Chapter 10: Other Liability Issues Chapter 11: Liability of Insurer's Agents and Employees Liability of Insurer to Non-Parties Subject Index Colorado Law of Insurance Bad Faith, Fourth Edition CBA Member: 79 Non-Member: 99 CLE Item Number: ZCLOIB15B

5 HOTLY CONTESTED ISSUES IN INSURANCE BAD FAITH LITIGATION Register by PHONE when using VISA, MC or AmEx In Denver: (303) Toll-Free: (888) Or FAX form to when using VISA, MC or AmEx FAX to: (303) Or MAIL form to CLE in Colorado 1900 Grant St, Suite 300 Denver, CO Or Register ONLINE when using VISA, MC or AmEx Go to PROGRAM ORDER FORM STEP 1 - REGISTRATION TYPE: (Select live program, live webcast, or video replay) LIVE PROGRAM: December 17, In Denver at the Colorado CLE Classroom, 1900 Grant St., Suite 300 (TI121715L) LIVE WEBCAST: December 17, 2015* - Must have access to high-speed internet (TI121715W) *WEBCAST PARTICIPANTS: You must register by December 14 in order to receive a copy of the newly released Fourth Edition of Colorado Law of Insurance Bad Faith in print before the start of class; PDF will be available for download a week prior to start of class. VIDEO REPLAY: January 13, Please indicate video replay location: Denver: Colorado CLE Classroom, 1900 Grant Street, Suite 300 (TI121715V) Colorado Springs: 421 S. Tejon Street, Suite 100 (TI121715VCS) Grand Junction: 1250 E. Sherwood Drive (TI121715VGJ) STEP 2 - REGISTRATION CATEGORIES: Non-member: CBA Member: CBA Litigation Section Member: Elite CLE Pass Holder w/printed Book: New Lawyer Edge Member: Elite CLE Pass Holder w/pdf of Book:...FREE PROGRAM ORDER FORM TOTAL HOMESTUDY ORDER FORM To receive CLE credit, you must purchase a Homestudy program format. Each Homestudy includes a copy of the newly released Fourth Edition of Colorado Law of Insurance Bad Faith. Please note the book will be provided in PDF or in Print based on your product selection. STEP 1 - SELECT DESIRED PRODUCT FORMAT: Video-On-Demand (PDF of book) (TI121715N) MP3 Audio Download (PDF of book) (TI121715J) Paper course materials and recorded homestudy on CD-Rom (TI121715D) STEP 2 - SELECT PAYMENT CATEGORY: Non-member: CBA Member: Elite CLE Pass Holder (MP3 and VOD ONLY)...FREE Basic CLE Pass Holder (MP3 and VOD ONLY)...FREE STEP 3 - BOOK ONLY: Colorado Law of Insurance Bad Faith (ZCLOIB15B) Skip this step if you purchased the HOMESTUDY. Non-member: 99 (per book/plus S&H) CBA Member: 79 (per book/plus S&H) Total Copies of the Book Requested: Price Shipping & Handling Subtotal Applicable Sales Tax (7.62% Denver, 4% RTD and 2.9% rest of Colo.) NOTE: Shipping & handling only applies to orders you receive via mail. Materials will be mailed to you approximately 2 weeks after live program. HOMESTUDY TOTAL Name Atty. Reg. # Firm/Organization Address Street Address City State Zip Telephone ( ) Fax ( ) Enclosed is my check made payable to CLE VISA MasterCard AmEx Credit Card # Exp. Date Signature Required for credit card orders CLE Use Only: Check #: Approval #:

6 Hotly Contested Issues in Insurance Bad Faith Litigation LIVE PROGRAM & LIVE WEBCAST: DECEMBER 17, 2015 Live program at the Colorado CLE Classroom, 1900 Grant Street, Suite 300, Denver, CO Every attendee receives a copy of Colorado Law of Insurance Bad Faith VIDEO REPLAYS: JANUARY 13, 2016 Denver, Colorado Springs, and Grand Junction CREDITS: Submitted for 6 General CLE Credits REGISTER FOR THIS PROGRAM ONLINE! Go to Grant Street, Suite 300, Denver, Colorado Nonprofit Org. U.S. Postage Paid Permit No Denver, CO