1st Party Property Insurance Bad Faith Cases From Start to Finish (FL)(Recorded Package)

What You Will Learn

Part 1 Topics

Introduction and Types of Bad Faith Claims That Generally Arise in The Context of First-Party Property Claims

Highlights – Preview of the program

• Also, Specific Examples:
  • Hurricane
  • Covid-19

Rules of Policy Construction and Overview of First Party Coverage

• 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

Duties (both sides):

• 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 payments

Part 2 Topics

Settlement and Remedies:

Settlement/Failure to settle the underlying claim

• Understanding the Duty to Settle
• Triggering the Duty to Settle
• Assignments/Covenants

Remedies

• Differences in state remedies
• Breach of Duty to Settle/Indemnify
• Structures for Settlement
• Assignments/Covenants
• Statutes
• Compensatory/Attorney Fees/Punitive (includes new legislation on attorneys’ fees)
• Insurer’s Right to Reimbursement

Ripeness

• Perfecting the Bad Faith Claim: Recent Legislation and Case Law Regarding Civil Remedy Notices
• When is a Claim Ripe for Appraisal

Litigating First Party Cases

• Initiating Litigation
• Law & Motion
  • Demurrer Issues
  • MSJ Issues
• Burden of Proof Standards
• Litigation Strategies

Testimonials

“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

Judith B. Goldstein, Esq.

Berk, Merchant & Sims PLC

Judith is an accomplished civil trial attorney, with experience in both plaintiff and defense-side litigation. She has over twenty years of experience representing private and public clients in business, civil rights, complex class action, consumer protection, education, employment, and insurance coverage matters. She has tried federal jury cases, appeared before municipal and state courts, and has presented oral arguments to federal and state courts of appeal. 

Judith is currently employed as an attorney at the law firm of Berk, Merchant & Sims, PLC, where she provides legal representation to domestic and international insurers of commercial and personal lines business. She resolves coverage disputes concerning property claims and litigation, third-party coverage issues, bad faith claims and litigation, and general liability defense. 

Judith earned her bachelor’s degree from the school of business at The Ohio State University and received her J.D. from the Case Western Reserve University School of Law in Cleveland, Ohio. 

In her free time, Judith enjoys participating in outdoor sports, weightlifting, and traveling. She can be reached at her office at (786) 338-2866 or jgoldstein@berklawfirm.com. 

Amy L. Koltnow, Esq.
Shareholder
Colodny Fass

Amy L. Koltnow focuses her practice on business, contract and insurance disputes, real estate, trust and probate litigation. From trial through appeals, she has represented individuals and companies in federal and state courts, as well as in arbitration and administrative forums.

A member of The Florida Bar, Ms. Koltnow oversees complex litigation matters and has successfully defended numerous class actions and insurance bad faith cases.  She also has handled non-compete cases, partnership and corporate dissolutions, professional negligence claims, complex matters involving statutory interpretations, covenant and lien enforcement issues, foreclosures and collection matters, and enforcement of judgments.

With first-chair jury trial experience in both federal and state trial courts, from pre-suit through final judgment and related appeals, she also has represented clients in administrative proceedings before state and county regulatory boards, administrative law judges, and in arbitration forums.

She is a member of the Claims and Litigation Management Alliance—a national, invitation-only organization committed to furthering high standards of litigation and claims management in pursuit of client defense.  Ms. Koltnow is certified by the Florida Division of Insurance Agent and Agency Services as a Continuing Education Instructor in Adjuster Law and Policy.

Formerly an attorney for the U.S. Small Business Administration’s Disaster Assistance Division, she 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 then-State Attorney Janet Reno.

Prior to joining the Firm in 2005, Ms. Koltnow worked for several prominent South Florida law firms, gaining considerable experience handling complex commercial litigation cases on behalf of individuals and corporations.

In 2004, she was awarded the Child Advocacy Award by the Dade County Bar Association for her pro bono efforts in the South Florida community.

Ms. Koltnow is admitted to practice before the United States District Court for the Southern and Middle Districts of Florida.

She graduated from the University of Florida in 1986 with a Bachelor of Science in Journalism and Communications. She received her Juris Doctor from Stetson University College of Law in 1991.

While in law school, Ms. Koltnow was a member of the Stetson Law Review and Moot Court Board.  She was also a member of Stetson’s nationally acclaimed American Bar Association and Association of Trial Lawyers of America mock trial teams.  She won numerous state, regional and national accolades and scholarships for excellence in advocacy, including Best Oral Advocate in the state of Florida.  Upon graduation, she was awarded the Victor O. Wehle Award for excellence in trial advocacy.

For Stetson, she later served as a Teaching Fellow, instructing law students about the fundamentals of trial practice.

She is a Miami native who is bilingual in Spanish.

Arya Attari Li, Esq.
Partner
Ver Ploeg & Marino, P.A.

Arya Attari Li is a Partner with Ver Ploeg & Marino, P.A. Mrs. Li focuses 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.  

Gina Clausen Lozier, Esq.
Partner
Clausen Choquette PLLC

Gina Clausen Lozier is a founding member of Clausen Choquette PLLC and focuses her practice on first and third-party claims and coverage analysis. Gina is one of only three lawyers in Florida recognized in the prestigious legal publication Chambers for her work on policyholders’ behalf. 

Prior to founding Clausen Choquette PLLC, she was a Partner with a statewide insurance defense firm. She was responsible for overseeing the investigation and litigation of disputed claims and represented numerous Florida and out-of-state carriers. Ms. Clausen Lozier defended hundreds of windstorm claims following the 2004 – 2005 Hurricane Season and has been an active committee member and presenter for the Windstorm Insurance Network. She was also significantly involved in the investigation of fraudulent insurance claims from examination under oath through litigation.

Ms. Clausen Lozier was a regular presenter at the Florida Insurance Fraud Education Committee Conference and the Florida Arson Committee and Prevention Conference, where she educated attendees on issues related to the investigation of fraudulent claims, including fire losses. 

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.

John S. Riordan, Esq.
Partner
Kelley Kronenberg, P.A.

John S. Riordan is an “AV” rated civil trial attorney and Partner in the firm’s West Palm Beach office, focusing his practice on General Liability, First Party Property Insurance Defense, and Commercial Litigation. He is a highly experienced trial attorney and represents clients in both State and Federal courts throughout the Florida.

Prior to joining the firm, John was the Managing Partner of a West Palm Beach boutique law firm and focused his practice on General Liability, Commercial Litigation, and Criminal Defense. Prior to that, John proudly served as an Assistant State Attorney with the Palm Beach County State Attorney’s Office prosecuting misdemeanor and felony crimes. John has tried more than 150 jury and non-jury trials in civil and criminal matters in both state and Federal court.

John has earned a reputation as an excellent trial attorney and is highly regarded by judges and peers. In both 2012, and 2013 he was honored as a Super Lawyer Rising Star, a prestigious distinction only awarded to the top 5% of lawyers in the state who are recognized for their skill, ethical services, and professional excellence. He was also distinguished as a Florida Top Young Lawyer for 2012. John has spoken as a guest lecturer at Florida Atlantic University, speaking on the topic of the Racketeer Influenced and Corrupt Organizations Act (RICO). An accomplished author, he has published articles for NakedLaw, the Daily Business Review and other online publications.

John is a native of Miami, Florida, and earned his Bachelor of Arts degree from the University of Miami in 1997. Thereafter, he earned his Juris Doctorate degree from Nova Southeastern University School of Law where he graduated in 2002. John is licensed to practice law in Florida and is admitted to practice before the United States Supreme Court, the U.S. Court of Appeals, 11th Circuit and the U.S. District Court for the Southern, Northern and Middle Districts of Florida.

John is also a Certified Water Damage Restoration Technician, accredited by the Institute of Inspection, Cleaning, and Restoration Certification (IICRC).

Rose Valentine, Esq.
Partner
Hamilton, Miller & Birthisel, LLP

Rose Valentine is partner in the firm’s Miami office. Ms. Valentine primarily handles first and third party property defense litigation as well as insurance coverage and bad faith matters. She is an experienced trial lawyer representing insurance industry clients defending property damage claims involving windstorm, sinkhole, fire, mold, vandalism, theft and water losses. Ms. Valentine assists insurers in all aspects of a coverage dispute including pre-suit investigations, responses to civil remedy notices of insurer violations, coverage evaluations, declaratory judgment actions, assignment of benefits and bad faith litigation. Her experience and depth of knowledge across a range of practice areas has aided her in obtaining favorable results for her clients, both in court and through negotiated settlements.

Ms. Valentine has presented at insurance industry conferences on insurers claim handling practices and provides in-house claims seminars with claims professionals for continuing education credits.

Prior to joining Hamilton, Miller & Birthisel, Ms. Valentine was a partner at an AV rated insurance defense litigation firm in South Florida representing clients in state and federal courts throughout Florida handling first-party property insurance litigation. Previously, she worked for a prominent national insurance defense firm handling first-party property insurance litigation as well as defending condominium associations, homeowner’s associations, directors, officers and property managers in claims ranging from breach of fiduciary duty, breach of the declaration, Fair Housing Act (FHA) and HUD claims. Prior to, Ms. Valentine also worked at a boutique law firm in Coral Gables, FL handling first party insurance disputes on behalf of the insurance companies as well as immigration matters.

Ms. Valentine began her legal career as Assistant State Attorney for the Miami-Dade State Attorney’s office. As an Assistant State Attorney, she tried over 50 bench trials, 15 jury trials to verdict on charges ranging from misdemeanors to first degree felonies, and argued over 500 motions on constitutional rights, protections issues, motions to dismiss, and judgment of acquittals in Miami-Dade County and Circuit courts. She also defended victims of domestic violence and worked with victims to find services, resources and counseling.

In 2002, Ms. Valentine graduated from Indiana University – Bloomington with dual Bachelor of Arts degrees in Criminal Justice and Sociology. Ms. Valentine attended Western Michigan University Cooley Law School (formerly known as Thomas M. Cooley Law School) in Lansing, MI and obtained her Juris Doctor in 2007. While in law school, Ms. Valentine was a writer for the school newspaper “The Pillar”, member of the Mock Trial National Team, Phi Delta Phi Legal Fraternity, President of the American Bar Association Cooley Chapter and member of the Board of Directors for the Student Bar Association. She also studied abroad at the University of Toronto at St. Michaels College in Toronto and College of Law England and Wales in London. Prior to graduating from law school, Ms. Valentine worked as a judicial clerk for the Honorable Kenneth M. Hoyt in the United States District Court, Southern District of Texas, in Houston.

Ms. Valentine is admitted to practice before the Florida Bar and the U.S. District Courts for the Southern and Middle Districts of Florida as well as the U.S. Supreme Court. She is a member of the Florida Association for Women Lawyers, the National Black Prosecutor’s Association and American Bar Association Section of Litigation where she serves as Judicial Intern Opportunity Program Volunteer which assists law students in finding placement as judicial interns to federal and state judges.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $425

Audio Only* Recording & Materials Package – CD or Download:  $425

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $475

*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.

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

*Your discount is automatically applied at check out.

This program will be recorded live on July 27 & 29, 2021.

CLE Credit

FL General:  This program is approved for 8.0 units of general CLE in Florida through January 31, 2023.
FL Board Certified:  This program is approved for 8.0 units of Business Litigation and 8.0 units of Civil Trial CLE in Florida through January 31, 2023.

CA General:  This program is approved for 5.5 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 5.5 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.