Please join us for our Free Joint CDLA/CTLA Event on
October 10, 2012
5-6pm Hosted Cocktail Hour
Sheraton in Downtown Denver.
Hosted by CDLA and JAMS
2 General CLEs applied for in Colorado and Wyoming.
Starting at 3 pm, Jon Sands (CDLA) and Mike Rosenberg (CTLA) will discuss Statutory Bad Faith Claims mediated by Sam Gordon of JAMS.
Following, each bar will award members of the other side's bar for Professionalism, the winner of the CDLA / CTLA Pro Bono Competition will be named.
The CLE will include a discussion from the perspective of both sides of the bar regarding claims brought pursuant to §§ 10-3-1115 and -1116:
1) What kinds of actions / inaction's by insurers are giving rise to these claims?
2) What kinds of actions / inaction's should or should not give rise to these claims?
3) What does "two times the covered benefit" mean?
4) Must the amount of benefits be determined by agreement or by a Court before a statutory cause of action can be maintained?
5) When is removal of these types of claims proper?
6) What kinds of time frames are insurers typically given in which to respond to demands?
7) What kind of information needs to be provided to the insurer in support of a claim
5) How are these claims better resolved, from the standpoint of each side of the bar- pre-suit or in litigation
6) Are these claims being brought in both the first party and third party context?
a. What is the theory behind bringing these claims in the third party context?
b. What are defenses to that theory?
7) What is the impact of Sunahara on whether 1115/1116 claims can be brought in conjunction with first party claims (UM/UIM claims) or whether bifurcation is now appropriate?
a. How does bifurcation of such claims impact each side?
8) How effective is early mediation when these claims are brought in litigation, and how early is early?