JSH Reporter Fall 2014 - Page 7

ANNOUNCING THE 2014 JSH ANNUAL SEMINAR IT’S ALL FUN AND GAMES UNTIL SOMEONE GETS HURT 11.5.14 - PHOENIX CONV CENTER - JSHSEMINAR.COM Please join us on November 5th for our annual update on Arizona law. The seminar offers 3 hours of CLE and CE in many states and is free for our clients and potential clients. You won’t want to miss our entertaining and educational new twist on the old favorite, Hollywood Squares…which we have dubbed as “The JSH Squares.” This program will benefit insurance, commercial and business professionals and governmental entities. Among those who will find the program valuable are: Claims Adjusters, Supervisors and Managers, Government Employees, Risk Managers, Contractors, Employers, Executives and General Counsel. Seating is limited, so don’t wait...register today! More information and Registration available online at: www.jshseminar.com SESSION DESCRIPTIONS EMERGING TRENDS: AN OVERVIEW OF NEW CASE LAW AND DEVELOPMENTS This session will include a comprehensive update of cases and emerging trends/developments relevant to all claim handlers presented in an interactive game format. Our lawyers will provide a brief overview of important cases from a variety of practice areas, including: Appeals, Uninsured/Underinsured Motorist Coverage, Transportation, General Liability, Bad Faith/ Coverage, Employment, Criminal Law, Traffic Laws, Medical Liens, Construction and Medical Malpractice. HOW TO AVOID THE HOT SEAT: GOOD CLAIMS HANDLING IN ARIZONA While even a perfect file can result in a bad faith suit, the JSH lawyers in this session will discuss the building blocks of a reasonable investigation to successfully avoid the various pitfalls that can lead to accusations of bad faith. You will learn proper investigative techniques, proactive steps to avoid claims of delay, how to properly document your file and understanding your duties to the insured. The panel members will also discuss their experiences and mistakes they have seen made by claims personnel, including what not to do and what not to write in the file, and what can be considered evidence of an unreasonable investigation. TAKING THE BITE OUT OF DAMAGES: RECOVERABILITY, LEGAL DEFENSES, AND CURRENT TRENDS After investigating the underlying facts, you deem the claim to be valid. Depending on liability defenses and cost of litigation, you might want to make an offer of settlement. While your employer obviously wants to avoid a bad faith claim, no one wants to award a claimant with a windfall. Balancing the interests of the insurer and the claimant requires you to know the reasonable value of a claim. But, it is not as simple as looking at what has been paid in the past on similar claims. Before you show the claimant the money, you need to know answers to questions such as what categories of damages are recoverable for this type of claim, whether there are any underlying legal defenses, and just who is entitled to the money. DEFENDING THE QUESTIONABLE TRAUMATIC BRAIN INJURY CLAIM: INCLUDING A LIVE NEUROLOGICAL INDEPENDENT MEDICAL EXAMINATION BY DR. S QI= 0()ȸ