UPDATE ON RECOVERABLE MEDICAL EXPENSES
COURSE TITLE: Update on Recoverable Medical Expenses, Protecting Your Investigation, and Punitive Damages in Maritime Personal Injury Cases
DATE & TIME: November 9, 2016
(1 Wednesday class)
10:00 a.m. to 12:00 p.m.
CLASS CREDIT: 2 hours of CE Units
LOCATION: 525 Market Street, Floor 29
San Francisco, CA 94105
TUITION: $50.00 per student
CANCELLATION POLICY: Last day to cancel for full refund is November 2, 2016.
No refunds after November 2, 2016.
INSTRUCTOR: Marker E. Lovell, Jr.
This is an essential course for the insurance professional (underwriter, adjuster, or broker) working in underwriting or claims involving personal injury liability coverages. The course will address California law generally, and also maritime/federal law. The case law governing the amount of damages plaintiffs can recover for past and future medical expense has changed in recent years. Medical providers often issue bills for services, but accept drastically reduced payments in satisfaction of those bills, whether due to contractual requirements, insurance plan restrictions, or compromise. In recent years, the courts have generally imposed limitations based on amounts actually paid (as opposed to billed) to medical providers, but there are nuances and exceptions to this general rule, and the law continues to evolve. Also, claimants and their attorneys are adapting to this case law with new strategies to try to boost their recoverable damages.
Insurance professionals in this area must understand the law so they can assist insured in obtaining the proper type and amount of liability insurance, and so they can adjust and resolve third party liability claims consistent with the proper legal measure of damages.
The second part of the course will address how insurance adjusters can appropriately and ethically protect liability investigations with the attorney-client privilege and work product doctrine. Though primarily directed at adjusters, who must develop a good knowledge of what may be kept privileged and how to do it, this part of the course will also be of interest to brokers and underwriters, who can benefit from an understanding of why and how the adjusters are protecting privileges, and communicating with the adjusters and outside persons in an appropriate manner consistent with the privileges.
Finally, the course will provide an update on the current state of punitive damages in maritime personal injury cases.