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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, May 24, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will review claims, defenses, and complex issues under uninsured motorist/underinsured motorist (UM/UIM) policies. The program will highlight the significant coverage and procedural differences between "regular" policies and UM/UIM policies, the latest statutory and case law on "stacking" policies, exclusions, and bad faith litigation. The panel will also address "pay to play" statutes.

Faculty

Patrick E. Foppe
Shareholder
Lashly & Baer, PC

Mr. Foppe practices in civil litigation and represents corporate clients and insurance companies, frequently handling claims involving insurance defense, premises liability, personal injury, complex commercial motor vehicle accidents, products liability, wrongful death and general negligence. He conducts immediate response to serious accidents as part of the firm’s Rapid Response Team. Mr. Foppe currently serves on DRI’s Trucking Committee Steering Committee and is Chair of the Trucking Committee Special Litigation Group. 

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Shaun A. DeCoudres
Shareholder
Carr Allison

Mr. DeCoudres is a shareholder in the firm’s Birmingham, Alabama office. His practice concentrates on transportation and automotive liability, premises liability, insurance, construction litigation and environmental. Mr. DeCoudres has tried numerous cases, both jury and non-jury, and is the primary attorney who handles pest control litigation (bed bugs, termites, etc.) in the firm.

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Jessica A.R. Hamilton
Counsel
Robinson & Cole LLP

Ms. Hamilton focuses her practice on insurance coverage and extra-contractual litigation, as well as high-exposure liability claims and other complex commercial litigation. She is a member of the firm’s Litigation Section, the Insurance + Reinsurance and Appellate Groups, and the Data Privacy + Cybersecurity Team.

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Description

UM and UIM motorist coverage involves first-party claims made by insureds against their own insurance company where the alleged tortfeasor(s) in an auto accident has no insurance or insufficient insurance to cover losses. The scope of coverage and who may seek it are often disputed. Each state may have its own statutory or regulatory requirements as well.

UM/UIM policies have defined limits of coverage, exclusions, and unique procedural requirements with which counsel must be familiar. Complex issues can arise in recovering UM or UIM benefits, subrogation, and settlement.

Policyholders have sometimes accused UM/UIM insurers of taking an overly aggressive approach against their own insureds and being faster to deny claims than they would be in an ordinary third-party claim. Whether a claim is undisputed and must be paid is not entirely settled concerning UM/UIM policies. This has led to an increase in bad faith claims and awards of other extracontractual damages.

Listen as this experienced panel discusses UM/UIM coverage's role, how to maximize benefits, and what constitutes bad faith in administering these policies.

Outline

  1. Governing law
  2. Nature and scope of coverage
  3. Prerequisites for payment
  4. Amount of coverage and stacking
  5. Bad faith issues
  6. Liens

Benefits

The panel will review these and other key issues:

  • Who is covered?
  • Can policies be stacked?
  • What offsets or liens apply to the benefits?
  • What constitutes bad faith?