First Party Property Insurance: Coverage and Bad Faith Litigation 101 (FL) (Recorded Package and OnDemand Streaming)

What You Will Learn

Part 1: Tuesday, November 14, 2023
1:00 p.m. – 4:30 p.m. Eastern Time

1:00 – 2:20
Rules of Policy Construction and Overview of Coverage
Michal Meiler

• Types of first party property policies
  • Homeowners/Renters
  • Commercial
• How to read a first party policy and the distinction between third party coverage
  • Standardized wording – usually
  • Manuscript wording – often in commercial policies
• Basic contractual analysis
• The Grant of Coverage
  • Commercial policies’ multiple coverages
  • Direct Physical Loss
• Definitions Matter
• Exclusions Restrict
  • Address developments in the law such as virus exclusions
• Conditions Clarify and Modify
• Endorsements
• Interpretation of Policies
  • Step-by-step
  • The issue of ambiguity

2:20 – 2:35
Break

2:35 – 4:30
Duties (both sides):
 Christopher Choquette and Amy Koltnow

• Insured’s duty to file a claim
  • Timeliness
    • Late Reported Hurricane Claims
  • Policy provisions for filing
  • Contractual limitation provisions
  • Delayed discovery issues
• Proof of Loss Requirements
• Insured’s duty to cooperate
  • Carrier’s rights under policy to continue to request documents/policy conditions, in terms of conditions when it becomes ripe
  • Utilizing conditions in policies, EUO, lack of compliance, AOBs statute
• Insurer’s duty to respond to claims
  • Statutory requirements
  • Common law requirements
• Insurer’s duties during claims handling
  • Examples
  • Duty to investigate
• Reservation of Rights (ROR)
  • Coverage defenses
  • Later discovered defenses
• Insurer’s duties re: undisputed payment

Part 2: Thursday, November 16, 2023
1:00 p.m. – 4:30 p.m. Eastern Time

1:00 p.m. – 2:30 p.m.
Litigating Bad Faith 1st Party Property Insurance Cases
Arya Attari Li and Michael A. Cassel

• Duty to settle:
  • Understanding the Duty to Settle/Indemnify
  • Triggering the Duty to Settle/Indemnify

• Initiating Litigation
• Discovery
• Witnesses

2:30 p.m. – 2:45 p.m.
BREAK

2:45 p.m. – 4:30 p.m.
Litigating Bad Faith 1st Party Property Insurance Cases (continued)

• Experts
• Law & Motion

• • Demurrer Issues
  • MSJ Issues
• Burden of Proof Standards
• Litigation Strategies

Testimonials

Comments from our 2021 version of this program with a slightly different agenda and many of the same faculty:

“The program was very informative. I also ordered the video recording, and intend to go through it again, there was a lot to absorb, particularly as to the new statute.” – Margery Golant, Esq.

“I really enjoyed the program. I felt that it was very well explained. As a brand-new attorney, I thought the information was basic and essential to my job.” – Ana Laura Medrano, Esq.

“Very detailed and informative. Well done!” – Albert P. Mollo, Esq.

“Great presentation. Very informative and a good pace.” – Ricky Martindale, Esq.

“The overview was great.” – Trip Bechert, Esq.

“Excellent program – very interesting topic and speakers were engaging.”

“Fantastic presentation!!”

“Really enjoyed the program. I appreciate having the handout because I was able to write my notes next to the slides.”

“Was very well presented and informative. I appreciated the real-life examples and resolution of issues.”

“Everything has been GREAT.”

“Speakers have thorough subject matter knowledge and used real-life experiences effectively.”

“Great program, I felt that it was well thought out and did not take up too much time.”

“Received information, tips, and strategies that I can apply to my cases.”

“Great length and overview of the material. The lectures are informative but not too meticulous or overbearing. The PowerPoints are a great resource.”

“Program was great. Easy to access and participate in.”

“It gave a very thorough background without neglecting the basics.”

“The topics were all addressed, including relevant case law.”

“Very informative, especially including recent developments.”

“Knowledgeable speakers!”

“Very interesting specially regarding CRN’s.”

“I know more now than when the presentation started.”

“The information and content were very good and communicated well.”

“The program was very informative!”

“Overall, it was a very educational program.”

“Speakers were phenomenal.”

“The program was excellent.”

“All speakers were impressive.”

“Overall, good for what I needed.”

“Speakers seemed very knowledgeable, and the information was helpful.”

“Was very informational.”

“Great seminar.”

“Excellent.”

“Great information.”

Here are a few testimonials from our Insurance Bad Faith Cases seminar held in Florida in 2019 with some of the same speakers:

“The information pertaining to the duty of the insured and the insurer explained as they relate to bad faith claims was particularly helpful. The content was easy to understand and useful. Thank you for providing this CLE opportunity. I will recommend Pincus to my colleagues and I look forward to the next CLE seminar with Pincus.” – Sandra Brown, Esq.

“Thorough, dynamic presentation on stipulated judgments and remedies. First Party Property Bad Faith speaker was very helpful and informative and she had good organization of the material.” – Yelilya Swaím, Esq.

“Amy Koltnow did a great job!” – Steven Croskey, Esq.

“Amy Koltnow was the best presenter because she gave the most practical information. Gary Guzzi cared about giving us practical examples, despite being on the carrier side. He was thorough and I would hear him speak again and actively look for his next speaking engagement.” – David Shaheen, Esq.

“Great presentation on practice tips and the insured’s duty to cooperate.” – Viktorya Croskey, Esq.

“Loved CRN section. Amy Koltnow was great!” – Amanda L. Rosa, Esq.

Here are a few testimonials from our First Party Property Insurance program held in California this year, which covers the same topics:

“Excellent panelists. Presenters had tremendous expertise, including a lot of trial experience in the area.” – William M. Walker, Esq.

“Great speakers and very informative!” – Chad Tapp, Esq.

“Very satisfied. The speakers were great. Very informative.” – Michelle J. Smythe, Esq.

“The course gives a fantastic overview from the ground up on bad faith cases.”

“I was impressed with the content. This is exceed my expectation that it would be a basics only discussion.”

“Excellent presentation with reference to practical experience trying these issues and how the jury instructions influence results.”

“Very informative program. Well organized. Knowledgeable speakers. A great introductory seminar for those new to insurance related litigation but also very concise summary of information for those who’ve been practicing it for a few years as well.”

Faculty

Michael A. Cassel, LL.M.
Managing Partner & Co-Founder
Cassel & Cassel, P.A.

Michael A. Cassel, LL.M., is the managing partner and co-founder of Cassel & Cassel, P.A., where he represents policyholders throughout the state of Florida in first party property insurance claims. Michael is licensed by the Florida Bar as well as in the Southern, Middle, and Northern Federal Districts of Florida, the U.S. Court of Appeals for the 11th Circuit, and has argued before the Judicial Panel for Multidistrict Litigation. He has earned an AV Preeminent rating from Martindale Hubbell. He has also been named a Rising Star by Florida Super Lawyers Magazine for the last six consecutive years, was named as one of South Florida Business Journal’s 40 Under 40 for 2020, and one of the Cystic Fibrosis Foundation 40 Under 40 Outstanding Young Professionals of South Florida for 2022. Michael regularly publishes blogs on newly released case law pertaining to first party property insurance claims and has become a regular on the lecture circuit presenting on topics such as building code compliance, ordinance and law coverage, bad faith litigation, technology in claims adjustment, and providing updates on case law and legislative changes. He obtained his Masters of Insurance Law from the University of Connecticut in 2023.

Mr. Cassel began his career defending insurance carriers in both State and Federal Court where he concentrated on first and third-party commercial and residential insurance claims with a focus on coverage, liability, and bad faith issues. While representing carriers, he instructed courses on claims adjustment practices as well as deposition skills for insurance adjusters, corporate representatives, and expert witnesses. Mr. Cassel has since taken the knowledge and experience obtained in defending and instructing insurance companies and utilized it in the representation of policyholders throughout the State of Florida. 

Christopher Choquette, Esq.
Partner
Clausen Choquette PLLC

Christopher Choquette is a founding partner of Clausen Choquette PLLC whose practice focuses on first-party insurance coverage and commercial property claims investigation and litigation.

Prior to forming Clausen Choquette, Chris was a partner with a statewide commercial litigation firm where he represented residential and commercial policyholders in claims against their insurance companies. Although Chris now dedicates his practice to representing policyholders, he spent his first eight years of practice representing domestic property insurance companies across the state of Florida.

Chris has extensive experience and perspective from both sides of a first-party claim on a wide array of issues, including hurricane damage, water claims, fire and vandalism losses, and appraisal. 

Amy L. Koltnow, Esq.
Shareholder
Colodny Fass

As a Shareholder at Colodny Fass, Amy L. Koltnow is a highly skilled and experienced litigator, specializing in business disputes, real estate, trust and probate, and insurance litigation. Ms. Koltnow is known for her ability to navigate complex legal issues and achieve favorable outcomes for her clients. She has served as first chair trial counsel in jury and non-jury cases in federal and state courts, arbitration, and administrative forums, and has appeared before state and county regulatory boards.

Ms. Koltnow’s expertise extends to successfully defending class actions and insurance “bad faith” cases, handling non-compete cases, partnership and corporate dissolutions, professional negligence claims, matters involving statutory interpretation, covenant and lien enforcement issues, foreclosures, and collection matters. Over the years, she has built a solid reputation as a go-to attorney, known for providing effective representation to individuals and companies alike.

Ms. Koltnow’s experience also includes serving as outside General Counsel for a Florida property and casualty insurance company. In this role, she oversaw the company’s state-wide portfolio of litigated cases, selecting and managing panel defense counsel, and developing effective litigation strategies to achieve favorable outcomes in court while protecting the company’s legal interests. Ms. Koltnow worked closely with the company’s executive team, providing legal advice and guidance on insurance coverage, risk management, cost controls, and other critical issues affecting the company’s legal and financial exposure. Her extensive legal knowledge and strategic insights proved invaluable in helping the company overcome legal challenges and achieve its business objectives.

Ms. Koltnow is a member of the Claims and Litigation Management Alliance, a national, invitation-only organization committed to promoting high standards of litigation and claims management. Her expertise in the field has earned her certification by the Florida Division of Insurance Agent and Agency Services as a Continuing Education Instructor in Adjuster Law and Policy, demonstrating her commitment to advancing the profession. Her in-depth knowledge of the legal issues affecting insurance companies has made her a valuable resource in the industry. She frequently speaks on insurance law and litigation-related topics at industry events, sharing her insights and knowledge with peers and colleagues. In addition, Ms. Koltnow has acted as an expert witness in litigated insurance disputes, providing testimony in court to assist judges in determining the reasonableness of attorney’s fees.

Before joining Colodny Fass, Ms. Koltnow worked for several prominent South Florida law firms where she gained considerable experience handling complex commercial litigation cases on behalf of individuals and corporations. Ms. Koltnow also served five years as an Assistant State Attorney for the State Attorney’s office in Miami-Dade County, Florida, where she was appointed by the then State Attorney Janet Reno. Additionally, she worked as an attorney for the U.S. Small Business Administration’s Disaster Assistance Division facilitating the agency’s efforts to assist small businesses in South Florida recover from the devastating effects of Hurricane Andrew.

Ms. Koltnow earned her Bachelor of Science in Journalism and Communications from the University of Florida before obtaining her Juris Doctor from Stetson University College of Law. While at Stetson, she distinguished herself as an editorial board member of the Stetson Law Review and a member of the Moot Court Board. Ms. Koltnow was also a key member of Stetson’s nationally acclaimed mock trial teams, winning numerous state, regional, and national awards and scholarships for her excellence in advocacy, including Best Oral Advocate in the state of Florida. Ms. Koltnow’s exceptional trial advocacy skills were recognized with the Victor O. Wehle Award upon graduation. As a Teaching Fellow at Stetson, she also shared her knowledge and expertise with law students by instructing them on the fundamentals of trial practice.

In addition to her work as a litigator, Ms. Koltnow is also committed to serving her community. She was awarded the Child Advocacy Award by the Miami-Dade County Bar Association for her pro bono efforts in the South Florida community. This award reflects Ms. Koltnow’s deep commitment to public service and her dedication to making a difference in the lives of those around her.

Arya Attari Li, Esq.
Assistant Vice President, Insurance Claims Counsel
Lockton Companies, LLC

Arya Attari Li is an Assistant Vice President, Insurance Claims Counsel with Lockton Companies, LLC. Prior to joining Lockton Companies, LLC, she was a partner at Ploeg & Marino, P.A. Mrs. Li, where she focused her trial practice in the areas of complex insurance coverage and bad faith litigation, representing both policyholders and injured parties. She is admitted to practice before The Florida Bar; the U.S. District Court for the Southern, Middle, and Northern Districts of Florida; and the 11th Circuit Court of Appeals. Mrs. Li is an active member of the American Association for Justice, the Florida Justice Association, the Miami-Dade Trial Lawyers Association, the Dade County Bar Association, the Miami-Dade Chapter of the Florida Association for Women Lawyers, the Miami-Dade Chapter of the Florida Association for Women Lawyers Foundation (serving as a Board Member), Legal Services of Greater Miami (serving as a Board Member), and was a founding board member of the Southeast Chapter of the Iranian American Bar Association. She has been named as a Top Up and Comer Under 40 by the South Florida Legal Guide, On the Rise Honoree by the Daily Business Review, Rising Star by SuperLawyers, 40 Under 40 Outstanding Lawyers in South Florida by the Cystic Fibrosis Foundation, and as a "Woman on the Rise" by the Dade County Bar Association. Mrs. Li received her B.A. degree from the University of Miami and earned her J.D. degree, cum laude, from the University of Miami School of Law.  

Michal Meiler, Esq.
Partner
Ver Ploeg & Marino, P.A.

Michal Meiler is a partner in the firm was born in Israel and graduated with a Bachelor of Arts, cum laude, from the George Washington University in 2006.  Ms. Meiler received her Juris Doctor, cum laude, from the Georgetown University Law Center in 2010. During law school, Ms. Meiler served as the Article Selection Editor of the Georgetown Immigration Law Journal and participated in the year long Criminal Justice Clinic. She also interned for the Honorable Judge John M. Facciola at the U.S. District Court for the District of Columbia, and was a summer associate at an internationally recognized law firm in DC. Ms. Meiler’s graduation honors include winning the Michael Feldman Advocacy Award and the Greenfield Trial Practice Award.

Upon graduation, Ms. Meiler worked as an Assistant Public Defender in Miami Dade County where she conducted over sixty-five trials, including homicide offenses. Ms. Meiler now focuses her trial practice in the areas of insurance coverage and bad faith litigation, representing both individual and corporate policy holders. She is admitted to practice before the Florida Bar; the U.S. District Court for the Southern, Middle, and Northern Districts of Florida; and the 11th Circuit Court of Appeals. She is an active member of the American Association for Justice where she serves on the Membership Oversight Committee; the Florida Justice Association; the Miami-Dade Justice Association, the Florida Association of Women Lawyers; and the Spellman Hoeveler Inns of Court. Ms. Meiler is also a board member of the Tribe and participated in the 2015-2016 class of Leadership Miami through the Greater Miami Chamber of Commerce.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $429

Audio Only* Recording & Materials Package – CD or Download:  $429

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $479

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program will be recorded live on November 14 & 16, 2023.

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device. 

(Recorded packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

FL General:  This program is approved for 8.0 General CLE units in Florida through May 31, 2025.
FL Real Estate Certification Credits: This program is approved for 8.0 Real Estate Certification Credits CLE units in Florida through May 31, 2025.

CA General:  This program is approved for 6.5 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.