Johnston Legal Group

CE Presentation Topics

The following papers are approved by the Texas Department of Insurance for CE:

AGENT ERRORS AND OMISSIONS COVERAGE
At the conclusion of this course licensees will learn the major aspects of E&O coverage. Licensees will be able to recognize the challenges today’s insurance environment presents to insurance agents in connection with E&O issues. Finally, licensees will know ways to avoid the use of E&O coverage and E&O lawsuits.

APPROPRIATE ROLES IN THE EVALUATION OF INSURANCE CLAIMS
At the conclusion of this course licensees will learn the appropriate roles of independent adjusters, private investigators (both background and cause and origin), attorneys and company claim representatives in the investigation and evaluation of insurance claims. Each profession serves an important purpose in the claim process. However, all too often, these professionals are asked to provide opinions that are beyond the scope of their profession. When this happens, the claims process breaks down causing unfortunate results that usually involves litigation where the insurance company as well as the professional becoming involved.

BAD FAITH UPDATE - ARE WE KEEPING THE "BAD" FAITH!
This course will address insurance policies within the context of bad faith allegations. In order to provide a proper understanding of how bad faith allegations apply with regard to insurance agreements and the strategies utilized in handling such cases, this course will provide information on the following topics of interest:Evolution of Contract Law; Insurance Policies as Contracts ;What is the duty of good faith and what damages can be recovered from an insurance company that denies coverage in bad faith;How does an insured “get to” damages on bad faith claims;What strategic decisions are available for bad faith claims?

DIGITAL PHOTOGRAPHS: TECHNICAL DREAM/EVIDENTIARY NIGHTMARE
One of the most challenging duties of a trial judge is to reconcile rules of evidence with new technology. Emerging technology has always been a part of the changing face of litigation. From fingerprint testimony to DNA testing, trial judges have struggled over the years in determining whether technological advances should form a basis of making determinations in our judicial system. Digital photographs are now part of that process.

EVALUATING JEWELRY, FUR, AND FINE ART CLAIMS
The purpose of this paper is to provide you with basic information relating to jewelry, fur and fine arts claims. These claims are, at times, very difficult to evaluate. Many times, these claims involve not only the real value of the items taken, but also issues involving underwriting, policy language, security issues and potential fraud. As a result, many challenges are presented to the professional insurance adjuster when tackling jewelry/fur/fine art claims.

HOW TO PROTECT YOUR RIGHT TO TAKE AN EXAMINATION UNDER OATH
Almost all insurance policies that provide property coverage contain a provision requiring the policyholder to submit to an examination under oath if requested by the company. Examinations under oath are probably the most powerful tool that an insurance company has in obtaining information from which to make a claim determination.

POST-LOSS LIABILITY OF AGENT
The most critical time in the agent/policyholder relationship arises at the moment that a loss is reported to the agent. Years of effective marketing can be lost at that critical moment. This is not to mention the genuine desire on the part of most agents to assist their clients. However, out of genuine concern, agents can unwittingly expose themselves to tremendous liability. The purpose of this paper is to explore ways in which an agent can be truly helpful during the claims process while at the same time avoiding agent liability.

PROPER ELEMENTS OF A CLAIM FILE
The vast majority of claim files never make their way to an attorney, much less the courthouse. However, for those few claim files that do become evidence at trial, it is important that the claims representative handle every claim file as if it were to become Exhibit “A” at a trial and he/she were on the witness stand explaining the contents of that file. Many claim representatives believe that their claim file will never see the light of day, except perhaps to a supervisor or reinsurance representative. More often than not, attorneys representing policyholders and claimants seek to obtain insurance company claim files through discovery.

RECOGNIZING INS FRAUD & FIGHTING IT IN THE COURTROOM
The cost of fraudulent insurance claims in the United States is estimated to be $120 billion dollars per year. Even though the majority of fraud involves healthcare claims, a significant portion involves property and casualty claims submitted to private insurance companies. Claims representatives are on the front line of fighting the never ending war against insurance fraud. The purpose this paper is to assist the claims representative in developing the skill of recognizing potentially fraudulent claims and fighting them in the courthouse.

WHO IS AN INSURED UNDER A HOMEOWNERS INSURANCE POLICY
The purpose of this presentation is to provide assistance in conducting an evaluation of insured status. By conducting a proper evaluation using the analysis provided, the goal of preventing serious mistakes in the analysis of Homeowner’s insurance claims can be achieved