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.