Getting Insurance Claims Paid: What Every Lawyer Needs to Know

This 90-minute seminar aims to equip attorneys with practical knowledge and effective strategies for getting insurance claims paid promptly and efficiently. This seminar will tackle the insurance claims process, whether and when to give notice of a claim, strategies on what to do in presenting the claim to the insurance company, strategies on what to do when a reservation of rights letter comes, and strategies on what to do when the insurer denies the claim.  Attendees will walk away with a robust understanding of the insurance claim landscape and the tools to navigate effectively through this often complex area.

About the Program

Understanding the Backdrop (15 minutes)
- Overview of incentives at stake and management of policyholder’s expectations
- Know the types of coverage - First Party v. Third Party; Occurrence v. Claims Made
- Navigating Declarations, Insuring Agreement, Definitions, Exclusions, Endorsements

Presentation of the Claim (25 minutes)
- Discussion of issues regarding giving notice to carrier of claim; whether and when to give notice
- Assembling team, involvement of broker, and protecting attorney-client privilege
- Quantifying loss, documenting correspondence, incursion of early defense costs
- Compliance with information requests from carrier
- Dangers of “interrelated” claims
-- Early use of your own professionals in property loss claims

 Strategies on Receipt of a Reservation of Rights Letter (20 minutes)
- Honoring reasonable requests; disputing unreasonable requests
- Monitoring defense counsel
- Knowing when policyholder has right to independent counsel (Cumis counsel)

Strategies on a Claim Denial (20 minutes)
- When to sue (and not to sue)
- Effect of policy limits claims; strategy when claim exceeds limits
- Effective use of mediation

Faculty

David A. Shaneyfelt a Partner with The Alvarez Firm, has nearly thirty years’ experience in litigating complex civil matters in state and Federal courts across the country. A former shareholder with the New York-based law firm of Anderson Kill, Mr. Shaneyfelt has represented numerous private and public business entities in disputes against insurance companies and joint powers agencies.

His representative cases and matters include the recovery of insurance policy benefits (defense and indemnity) for employment practices liability (EPLI) cases, wage and hour class actions, director and officer (D&O) liability, public entity liability, professional malpractice, reinsurance, accidental death insurance, and lifetime disability. He has also handled a wide-variety of complex litigation matters involving commercial contract disputes, public affordable housing programs, unfair competition, entertainment, insurance broker malpractice, and attorney malpractice.