Litigating MN Auto Claims: Professional Liability Prevention And Insurance

Guest Presenters:

 Tanner Moe, McEllistrem Fargione P.A.Attorney,  No-fault Benefits and Claims,  Robin Sharpe Landy,  

                       Attorney, McELLISTREM FARGIONE, P.A. (952) 544-5501,rlandy@mcfarg.com     

 Britton D. Weimer, Britton D. Weimer, J.D.Partner, Weimer & Weeding PLLC

                                   bweimer@weimerweeding.com                                

Andrew F. Whitman, Ph.D., J.D. Professor of Insurance, University of Minnesota, Attorney, teaches and writes in the fields of insurance, risk management, employee benefits and personal finance; publications include co-author with Britton Weimer, /Law of Commercial Insurance Agents and Brokers (Thomson West 2007), /Minnesota Insurance Law and Practice (Thomson West 2001) and /CGL Policy Handbook (Aspen Publishers 2000). Phone 612-625 2553.

5:45 – 6:00                   INTRODUCTION TO MINNSOTA AUTO INSURANC AND NO-FAULT                                                                                   

                                                                            Andrew Whitman

6:00 – 7:10                                 No-Fault Claims – How It Works

 Tanner Moe, McEllistrem Fargione P.A.Attorney,  No-fault Benefits and Claims 

ANATOMY OF AN AUTO ACCIDENT CLAIM; REVIEW OF MN NO-FAULT:

• Stop, get car out of traffic; help injured. Call 911.
• Take photos of everything-- other driver’s ID and insurance info, witnesses and their contact info, the accident scene
• Don’t say anything about fault.  MN is a comparative negligence state.
•  If you are injured in any way, get a medical checkup.
• Your auto insurance pays up to $20,000 medical and up to another $20,000 for wage loss, and replacement services. How could these limits be doubled?
•  Is subrogation involved up to the $20,000, or after?
•  Call you insurance agent to report the accident.  Document all calls, get email addresses and phone & fax numbers.
• Ask for rental car coverage; should deliver it to home if you have the coverage.
•  Medical treatment providers will give you a Motor vehicle accident form to fill out and to fax to your claims representative. 
• Keep getting needed medical treatment and document loss of services, which could provide up to $500/week.
• The accident was 60% your fault.  MN is a comparative negligence state.
• Your liability limits are only the required 30/60/25, but you asked the agent for insurance “that is required by the state, and you asked in writing to make sure it’s the best coverage possible”.
•  Your liability insurer provides defense and pays to the other party(ies) your limits 30/60/25.
• You now sue the agent for not providing “the best coverage possible.”
• Agents are often sued after too low limits are paid and when the claim is denied.

       7:10 – 7:15 Networking break

7:15 – 8:50                           

PROFESSIONAL LIABILITY INSURANCE AND CLAIMS PREVENTION.

Britton D. Weimer

E&O Claims, Defenses and Coverages

E&O claims against actuaries, accountants, attorneys, engineers, insurance agnets, software developers & other professional advisors.

All involve: Specialized standards of care

All have: E&O (“malpractice”) liability insurance

        Will your liability insurance respond?

    How can you reduce the likelihood of being sued, and set the stage for a good defense?

    What is the legal duty in your practice?  What is the legal standard of care?

   8:15 – 8:20 Networking break

What is the standard of care for an insurance agent?

    How and why does it differ from the standard of care of an Attorney, CPA or Actuarial Consultant?

   Insurance agents likely to be sued when the insurance company denies the insured’s claim or pays an inadequate  amount.

Standard of care: Expert testimony

Causation

Two Levels of Risk Management

First, be diligent to prevent E&O claims. (First and best line of defense)

Second, obtain suitable E&O liability insurance. (Second, imperfect back-up defense)

Most E&O policies exclude:

Fraudulent or criminal acts (dishonesty bonds)

Cyber liability, data breaches (cyber policies)

Employment claims (EPL policies)

Bodily injuries, property damage (CGL policies)

Defamation (CGL, EPL)

Patent, trademark (CGL - limited)

8: 50 -9:00                                                Andrew Whitman

                     The Review of Minnesota Auto Insurance Claims and E&O Claims, Defenses and Coverages

                                                               Wrap-Up, Topic Summary, Questions

References:

Principles of Risk Management & Insurance, George E. Rejda: Chapters 20, Auto Insurance and 21, Auto Insurance Compensation Systems

MN Insurance Law and Practice Series; Volume 22, Insurance Law and Practice. Britton D. Weimer, Clarance Hagglund, Andrew Whitman, 2nd. Ed. Thompson West Group, 2010.