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LawReviewCle – Advocacy in Practice
Live CLE Seminar
Insurance Coverage Litigation
March 13, 2012 • Salt Lake City, UT

 

Continuing Legal Education (CLE) Credit Course – Insurance Coverage LitigationDisputed insurance claims are often complex, and can vary greatly from case to case.

 

Continuing Legal Education CLE Credit Course - Special OfferThis seminar is designed to give you the tools to understand the variety of claims, accurately assess coverage and solve any conflicts that arise during litigation.

 

Our experienced attorneys will help advise you on the ability to identify areas of coverage disputes, recognize when an insurer is negotiating in bad faith and identify the possible remedies.

 

They will also help you learn the settlement process, and expertly handle a trial if settlement efforts have been exhausted.

 

The following Key topics will be discussed:

 

  • First- and Third-Party Coverage
  • Insured's Rights and Protections
  • Coverage for Cyberspace and Computer Liabilities
  • Pre-Litigation Options
  • Filing a Dispositive Motion
  • Containing a Punitive Damage Judgment
  • Common Law vs. Statutory Bad Faith
  • Defending Bad Faith Suits

 

Agenda

 

12:45 – 01:15

Registration

 

 

01:15 – 02:00

Common Coverage Disputes

 

 

02:00 – 03:00

Coverage Under a Contract

 


  • Which Actions Trigger Coverage?
  • Choice of Law
  • Insurer’s Duty to Defend and Indemnify
  • Insured’s Rights and Protections
  • Coverage Analysis Principles
  • Pre-Litigation Options (Does Policy Cover the Damages Claimed?; Did Damages Occur Within the Policy Period?)
  • Coverage for Cyberspace and Computer Liabilities
  • Reservation of Rights

 

 

03:00 – 03:15

Break

 

 

03:15 – 04:15

Litigating a Claim

 


  • Filing a Dispositive Motion
  • Successful Strategies in Insurance Coverage Cases
  • The Role of a Judge and a Jury
  • Declaratory Judgment Action and/or Breach of Contract Damages Action
  • The Role of Industry Expert Witnesses
  • Contribution Protection/Indemnification Requests
  • Containing a Punitive Damage Judgment
  • Declaratory Action
  • Estoppel/Arbitration/Alternate Dispute Resolution

 

 

04:15 – 05:00

Bad Faith Litigation

 


  • Common Law vs. Statutory Bad Faith
  • Bifurcation Issues
  • Establishing Insurer Bad Faith
  • Discovery Issues
  • Defending Bad Faith Suits

 

CLE Course Speakers: Mark W. DykesMaxwell A. Miller

 

cle credit course speakerAttorney Mark W. Dykes

 

Parsons Behle & Latimer – Salt Lake City, UT

 

Mark Dykes is a shareholder at Parsons Behle & Latimer in Salt Lake City, Utah, where he concentrates on insurance issues, natural resources/electric utility issues, and bankruptcy law. He has represented both insureds and insurers in policy disputes, including in complex mass-tort cases in bankruptcy, has represented parties appearing before the Utah Insurance Commission, and has negotiated and drafted reinsurance/coinsurance treaties on behalf of cedents. Mark has taught insurance law as an Adjunct Professor of Law at the University of Utah College of Law, and is a 1987 graduate of the University of California at Berkeley (Boalt Hall) School of Law. His publications include:

Author: Settle Down Now: Insurer and Policyholder Roles in Resolving Liability Claims, Utah Bar Journal (March/April 2011)

Author: Do Insurance Companies Buy Insurance?, Utah Bar Journal (May/June 2009)

Author: Well, What Did You Expect? The Utah Supreme Court Discusses “Accidents”, Utah Bar Journal (May 2008)

Author: Fuller Up: The California Court of Appeal Addresses 11 U.S.C.§524(g) and Insurance Law, Coverage (2007)

Author: Parduhn Me: the Utah Supreme Court and the Insurable Interest Requirement, Utah Bar Journal (July/August 2006)

Author, Occurrences, Intentions, and Expectations: A Primer of These (and Some Other) Insurance Law Concepts, 2003 Utah Law Review 831.

Co-author, with Kenneth L. Cannon II, Germain v. Connecticut National Bank: Granfinanciera and Langenkemp Correctly Understood, Norton Bankruptcy Law Advisor (May 1994).

Author, Injunctions Under Revised Utah Rule of Civil Procedure 65A, Utah Bar Journal (August/September 1991).

 

cle credit course speakerAttorney Maxwell A. Miller

 

Parsons Behle & Latimer – Salt Lake City, UT

 

Max Miller is a shareholder in the Litigation and the Corporate and Tax departments where he practices extensively in the area of local, state and federal taxation. His practice also includes administrative law, constitutional law and government affairs. Previously, he served as managing attorney for Utah Legal Services in Provo, Utah; as senior attorney and chairman of Legal Management for Mountain States Legal Foundation in Denver, Colorado; and as assistant attorney general in the Tax and Business Regulations Division of the Utah State Attorney General's Office.

 

Max has litigated significant tax and constitutional cases before administrative agencies and state and federal trial and appellate courts for clients such as Alliant Techsystems, Carbon County, Utah, Coastal Oil and Gas Corporation, Hercules Incorporated, Kennecott Utah Copper Corporation, J.C. Penney, MCI, The State of Utah, United Rentals, WorldCom, Viacom, National Right to Work Foundation, French Olympic Committee and other businesses and individuals.

 

Related Activities and Skills

Member and Chairman, Ethics Advisory Opinion Committee, Utah State Bar
Member and Former Chairman, Board of Directors, Utah Taxpayers Association
Utah State Bar, Former Chairman, Tax Section
The Sutherland Institute (Utah "think-tank"), Former Member, Board of Trustees
Utah State Bar, Government Law Section, Former Chairman
Former President, Utah Lawyers Chapter, The Federalist Society
American Bar Association, Committee on State and Local Taxation
Co-Chair, 2000 Annual Meeting Utah State Bar
Fluent in French
Recognized in The Best Lawyers in America
Selected to Mountain States Super Lawyers 2007, 2008
Selected to Corporate Counsel Super Lawyers 2009
Listed Among "Utah's Legal Elite," Utah Business
Martindale-Hubbell AV rated
"Tax Practitioner of the Year" 2010, Utah State Bar

 

Published Works

Utah's Proposition 6 Creates Tax Court To Ensure Fair Adjudication for Taxpayers, Winter 1999
An Overview of Utah Insurance Law, October 21, 1999
The Resurgence of Federalism: The Case for Tax-Exempt Bonds, 1997

Classes/Seminars Taught:

"Tax Litigation in Nevada," Lorman Seminar, 2007, 2008, 2009, 2010
Numerous presentations to Utah Taxpayers Association Utah, Taxes Now Conference

 

Areas of Practice
Corporate & Tax Law
Estate Planning
Litigation & Appeals
Natural Resources Law
Political/Governmental Law
Constitutional Law
Commercial Litigation
Insurance Coverage Litigation
Tax Litigation
Business Organizations
Media & Entertainment Law
Retail Law
Tax Planning & Litigation
Tax Advocacy
Property Tax Appeals

 

Bar Admissions
U.S. Court of Appeals 10th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 3rd Circuit
Colorado, 1983
U.S. Supreme Court, 1979
U.S. District Court District of Utah, 1976
Utah, 1975

 

Education
University of Utah College of Law, Salt Lake City, Utah, 1975
J.D. degree
Law Journal: Journal of Contemporary Law, An Editor, 1975

Brigham Young University, 1972
B.A. degree
Honors: Cum Laude
Honors: High Honors
Honors: University Scholar

L'Institut Catholique de Paris, France, 1974
Certificate, Highest Student Recognition: International Trade and Investment Regulation

 

Honors and Awards
"Tax Practitioner of the Year," Utah State Bar, 2010

Selected to Corporate Counsel Super Lawyers, 2009 - 2010

Selected to Mountain States Super Lawyers, 2007 - 2008

Constitutional Litigation Award, 1982

Outstanding Young Man of America, 1979

Professional Associations and Memberships:
Utah State Bar Association, 1988 - 1989
Chair, Government Law Section

Colorado State Bar Association
Member

Utah State Bar Association
Past Member, Legislative Affairs Committee

Utah State Bar Association
Member, Advertising Committee

National Assn. of Private Non-Traditional Schools & Colleges, 1982 - Present

The Journal of Social, Political and Economic Studies, 1984 - 1986

 

Live CLE • Insurance Coverage Litigation

March 13, 2012 • Salt Lake City, UT
CLE Credit Course in Salt Lake City, UT
Credits:

Total UT CLE credits: 3 hours

This course has been submitted for approval to the Utah State Bar-final approval pending.

 

Location:
Radisson Hotel Salt Lake City Downtown

215 West South Temple
Salt Lake City, Utah 84101

Directions

Note: Parking is on your own.

 

Time:

Start 01:15 PM – Finish 05:00 PM

 

Tuition:

$200 First Registrant

Add Associate $100 dollars*
Add Paralegal $100 dollars*

$125 Young Lawyers – Under 4 years acceptance to the Bar.**

*Young Lawyers with under 4 years acceptance to the Bar may use the coupon code YL75 to receive the $75 discount when checking out.
**Discounts can not be combined
.

 

 

 

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