Are you equipped to effectively prepare a comprehensive file in anticipation of negotiation, settlement or litigation?
The Insurance Institute and the Ontario Insurance Adjusters’ Association have once again partnered up and have developed a third certificate program for adjusters! This seminar is suited for adjusters and claims professionals who want to gain the knowledge and skills to expertly source, interpret and apply case law. If you are an experienced underwriter or broker, you will appreciate learning how precedent-setting case law impacts loss settlements.
MODULE 1 – The Court System
– Overview of the court system
– Understand the different levels of decision making at each level
– Describe the impact of out-of-province case
– Appreciate between courts and provide an overview of the process for: small claims court actions, simplified procedure, courts, tribunals & FSCO
– Differentiate between final decisions, summary judgment decisions, preliminary decisions & motions
– Understand and appreciate the hierarchy in case law
MODULE 2 – Overview of Case Law – Describe the purpose and value of case law
– Identify the triggers or flags that indicate when case law may be required
– Recognize where statutes end and case law begins
– Use case law to assess liability, coverage, threshold and quantum
MODULE 3 – Sourcing Case Law
– Identify and use a variety of tools and resources to research information
– Compare and contrast the benefits of the main sources of case law
– Find and research information in the most efficient and effective manner
– Identify where to start and recognize when to stop reading
MODULE 4 – Understanding and Interpreting Case Law
– Define and explain legal terminology that you will encounter in preparing your file
– Explain what decisions are taken into consideration by a ruling judge
– Describe and differentiate the importance of rule based, policy based, analogical and narrative reasoning
– Recognize similarities and differences in the facts and determine how they can affect the case
– Recognize when a decision may go to appeal
MODULE 5 – Beyond the Basics: Applying Case Law
– Compare key legal decisions to determine how best to structure and prepare your case
– Recognize and effectively apply “decision to case” and “decision to decision” comparisons
– Identify extraneous factors that can impact your case
– Develop a strategy to address the impact of conflicting decisions
– Identify foundation precedents and incorporate them into your file
– Build rapport and credibility with opposing counsel
MODULE 6 – Case Study: Learning into action – Investigate, research, evaluate and prepare a comprehensive file to settle a claim as efficiently and economically as possible in compliance with the law.
This two day session also includes a panel discussion with plaintiff and defendant lawyers to apply learning. Panelists TBD.