WSAJ’s 36th Annual Insurance Law Seminar (2014): Winning Your IFCA Battle
Published by Washington State Association for Justice
$115 for Plaintiff - Regular General Practice Attorney
Duration: 360 minutes
Register now for immediate access to this program.
WSAJ’s 36th Annual Insurance Law Seminar: Winning Your IFCA Battle
Recorded: Friday, January 24, 2014, Seattle
WSBA Activity ID #365175
6.00 CLE Credits Approved
Seminar Chairperson: Patrick H. LePley Spokane Moderator: Janelle M. Carney
8:30-8:45 Preparing to do Battle Using IFCA Patrick H. LePley, Seminar Chairperson, Bellevue
8:45-9:30 What Are We Fighting Over? Where are the IFCA Debates Now? Damages? Coverage Denials? Delays? Kristine Grelish, Seattle
9:30-10:15 Changing Battle Fields: Why Federal Courts Might Send an IFCA Case Back to State Court Ken Friedman, Bremerton 10:15-10:30 BREAK
10:30-11:00 Don't Dig Your Own Grave: Using Discretion and Maximizing the Effect of Communication with the Carrier. Ken Friedman, Bremerton
11:00-11:45 When the Battle is Over Before It Starts: Fires, Floods and Exclusions – Information that Must Be Communicated to Potential Clients Amy Bach, Executive Director, United Policyholders, San Francisco
11:45–12:15 To Fight or Not to Fight: What Acts and Omissions Constitute the Best Grounds for an IFCA Claim? Panel Discussion: Kristine Grelish, Ken Friedman, Amy Bach, Patrick LePley
12:15-1:30 EAGLE RECOGNITION LUNCHEON (Included in tuition) 1:30–2:05 A Powerful Weapon: Carving Up the Insurance Carrier with a CR 30(b)(6) Deposition Patrick H. Lepley, Bellevue
2:05 – 2:45 Gathering Information on the Enemy: How Broad is the Scope of Discovery in a Bad Faith Case? What is the Outer Limit of Cedell v. Farmers Insurance? Richard Dykstra and Peter J. Mullenix, Seattle
3:00–3:30 When the Enemy Gathers Intelligence on Your Client: Examinations Under Oath Shannon Kilpatrick, Bellevue
3:30–4:15 Strategies Learned in Combat: What I Learned about Trying a Bad Faith Case Brad Moore, Seattle
| Patrick H. LePley|
Patrick H. LePley has been a practicing attorney for thirty-seven years, with an active practice in Bellevue, Washington, primarily handling personal injury claims and insurance coverage cases.
He is a graduate of the University of Puget...MorePatrick H. LePley has been a practicing attorney for thirty-seven years, with an active practice in Bellevue, Washington, primarily handling personal injury claims and insurance coverage cases.
He is a graduate of the University of Puget Sound Law School, now known as Seattle University.
Over his career as a lawyer, Pat LePley has been a familiar face in the State Capitol on behalf of the Washington State Association for Justice (formerly the Washington State Trial Lawyers Association) working on underinsured motorist legislation, insurance fraud statutes and, more recently, as the author of the Insurance Fair Conduct Act.
Pat LePley is a past president of the Washington State Trial Lawyers Association, now the Washington State Association of Justice. WSTLA bestowed on him their most prestigious award, Trial Lawyer of the Year, in 2002. More recently, WSTLA recognized him for his work on the Insurance Fair Conduct Act with a President’s Award in 2008.
Mr. LePley is a certified civil trial specialist by the National Board of Trial Advocacy, and he is a past chair of the Insurance Bad Faith Litigation Group of the American Association of Justice. Collapse
| Janelle M. Carney|
JJanelle M. Carney is the Managing Partner for the Spokane and Tri-Cities offices of GLP Attorneys. She has been a proud WSAJ Eagle member since 2011. Janelle has a background in insurance, and it was this experience that led her to believe that...MoreJJanelle M. Carney is the Managing Partner for the Spokane and Tri-Cities offices of GLP Attorneys. She has been a proud WSAJ Eagle member since 2011. Janelle has a background in insurance, and it was this experience that led her to believe that representing plaintiffs was her true passion. She understands the importance of advocating for those that are unable to advocate for themselves.
Janelle focuses her practice on personal injury cases and has successfully represented her clients in negotiation, mediation, arbitration, and trial. Her practice areas include automobile collisions, wrongful death, chemical exposure claims, nursing home abuse and neglect, premises liability claims, and insurance bad faith claims. She prides herself on compassion for her clients and working on every case to the best of her ability, whether large or small. She is passionate about insurance and doing everything she can to ensure that insurance companies do the right thing on behalf of her clients.
Janelle is a member of GLP Attorneys’ bad faith practice group where she helps on all bad faith cases handled by any of the attorneys in the state. She helps strategize on UIM and bad faith cases and has litigated many to a successful result. She is also working with other Partners and Associates of GLP Attorneys on a bad faith handbook. Collapse
| Amy Bach|
Executive Director - United Policyholders
Amy Bach has been a professional advocate for insurance consumers (policyholders), since 1984 and an attorney since 1989. A native of Brooklyn, New York residing in San Francisco, she co- founded United Policyholders in 1991. She currently serves as...MoreAmy Bach has been a professional advocate for insurance consumers (policyholders), since 1984 and an attorney since 1989. A native of Brooklyn, New York residing in San Francisco, she co- founded United Policyholders in 1991. She currently serves as the organization's Executive Director and spokesperson; shaping and overseeing the Roadmap to Recovery™, Roadmap to Preparedness, and Advocacy and Action programs. She is a nationally recognized expert on insurance claim and legal matters; frequently interviewed in print and broadcast media, and the author of numerous publications including "The Disaster Recovery Handbook" and consumer tips and guides in the UP Claim Help Library.
Bach graduated cum laude from Cornell University in 1982 and received her Juris Doctor degree from Hastings College of the Law in 1989. Ms. Bach has performed government service with the New York and California State Legislatures, and the New York State Consumer Protection Board. She served as counsel to a special master overseeing reforms at the California Department of Insurance in the 1990s. Bach served on the Product Enhancement Advisory Board to the California Earthquake Authority in 2005-2007. Bach was appointed in January, 2008 by the California Insurance Commissioner to Chair a Consumer Advisory Task Force. Bach has been selected six times to serve as an official consumer representative at the National Association of Insurance Commissioners and is a member of the NAIC Consumer Participation Board of Trustees.
Bach was honored as a 2012 Money Hero by Money Magazine and has received awards from the Independent Insurance Agents and Brokers of California, the Proposition 103 Implementation Project, and the Consumer Attorneys of California. Collapse
| Kristine Grelish|
Kristine Grelish is the owner of GRELISH LAW PLLC, with offices in Seattle and Yakima. She primarily practices in the areas of: Plaintiff’s Personal Injury and Insurance Disputes (insurance coverage, insurance bad faith, Insurance Fair Conduct Act...MoreKristine Grelish is the owner of GRELISH LAW PLLC, with offices in Seattle and Yakima. She primarily practices in the areas of: Plaintiff’s Personal Injury and Insurance Disputes (insurance coverage, insurance bad faith, Insurance Fair Conduct Act “IFCA”).
Kristine has presented and/or written on the topics of insurance, IFCA, jury instructions, and pre-trial investigation/workup of a personal injury case, and co-authored the Bad Faith and IFCA Chapters in the WSAJ Automobile Litigation Deskbook.
Kristine has acted as an adjuct law professor and taught a course on Insurance Bad Faith and Fair Practices at Seattle University School of Law. Kristine graduated summa cum laude (Seattle University, J.D., 2005) and clerked for Judge Christine Quinn-Brintnall (Division II, Washington State Court of Appeals). Kristine has also traveled to Africa as faculty with the non-profit Justice Advocacy Africa (JAA), which instructs attorney participants in trial skills and supports African facility in the teaching of trial skills to attorney participants. Kristine has participated as faculty in the Kenya program and twice in the Botswana program.
For a fuller CV and more information on Kristine, please refer to website: grelishlaw.com Collapse
| Kenneth R. Friedman|
Ken Friedman is a partner with Friedman Rubin. The firm engages in a national practice from their offices in Seattle and Bremerton, Washington. Ken is a member of the bar in Washington, Alaska, Oregon, Kentucky and Montana. A large part of Ken’s...MoreKen Friedman is a partner with Friedman Rubin. The firm engages in a national practice from their offices in Seattle and Bremerton, Washington. Ken is a member of the bar in Washington, Alaska, Oregon, Kentucky and Montana. A large part of Ken’s practice is representing policy holders in suits alleging insurance bad faith. He has taken bad faith cases to trial in Hawaii, Arizona, South Dakota, California and Kentucky. He is also a member of the Board of Trustees of Antioch University Seattle. Collapse
| Richard Friedman|
Partner - Friedman | Rubin
Rick built his reputation representing people and small businesses injured by large corporations and government agencies. His cases include those involving catastrophic injury, wrongful death, medical malpractice, insurance bad faith, and business...MoreRick built his reputation representing people and small businesses injured by large corporations and government agencies. His cases include those involving catastrophic injury, wrongful death, medical malpractice, insurance bad faith, and business torts.
Among Rick’s landmark cases are Myrick v. Mastagni, believed to be the first case in California holding a building owner liable for injuries sustained in an earthquake, and Robinson v. State Farm, which exposed State Farm using phony doctor’s reports to deny claims. He has obtained four verdicts in the past twelve years which LawyersUSA ranked in the top ten verdicts of the year.
Rick is a member of the Inner Circle of Advocates and the author of three books on trial advocacy published by Trial Guides: Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability; Polarizing the Case: Exposing and Defeating the Malingering Myth, Oon Becoming a Trial Lawyer; and The Elements of Trial. He practices in Alaska, Washington, and California, and also appears pro hac vice in state and federal courts around the country. Collapse
| Richard Dykstra|
For more than thirty years, Richard’s practice has focused on issues of insurance coverage and insurance company good faith claims handling. He has been involved in many of the noteworthy Washington cases that establish the standards for insurance...MoreFor more than thirty years, Richard’s practice has focused on issues of insurance coverage and insurance company good faith claims handling. He has been involved in many of the noteworthy Washington cases that establish the standards for insurance company conduct.
Richard represents insurance policyholders and serves as personal counsel for large and small businesses, law firms and medical professionals to establish and protect their interests whenever insurance is at issue. He has achieved a number of confidential settlements involving payment of many millions of dollars for injured persons and businesses. He also assists attorneys both in Washington and around the country to help evaluate the insurance coverage available to satisfy their clients’ claims and to help strategize and negotiate ways to accomplish the clients’ goals. He is also retained as an expert witness on coverage and claims handling issues.
Richard was admitted to practice in the state and federal courts of Washington in 1973 and Alaska in 1987. He served as a law clerk in the Washington State Court of Appeals and was with the Seattle firm of Stafford, Frey Cooper from 1975 through 2010 as an associate, a shareholder, and of counsel.
Richard joined Friedman | Rubin in 2011. He is rated AV (“preeminent”) via Martindale Hubbell, by peer attorneys and judges, and was selected for inclusion in Washington Law & Politics Super Lawyer list in 2000, 2003-2016 and selected for inclusion in ‘Best Lawyers in America’ 2009-2017 in the area of insurance law. Richard is a frequent author and speaker in legal education seminars on a broad range of topics on insurance law.
Richard is of counsel at Friedman | Rubin. Collapse
| Peter J. Mullenix|
Associate - Friedman | Rubin Law Offices
Peter brings product defect, medical device, and medical malpractice cases on behalf of injured patients and their families. He handles cases nationwide and is currently working with clients in Washington, Texas, and Kentucky. His recent cases...MorePeter brings product defect, medical device, and medical malpractice cases on behalf of injured patients and their families. He handles cases nationwide and is currently working with clients in Washington, Texas, and Kentucky. His recent cases include lawsuits against the manufacturer of the “da Vinci” surgical robot, the manufacturer of “Norian” bone cement, and the manufacturer of the Penumbra “Coil 400” aneurysm coil. His earlier work at Friedman | Rubin was directed against insurance companies, and in 2014 he and Ken Friedman took a nearly $3 Million judgment against American Zurich Insurance Company. This included $862,000 in punitive damages, which was at the time the largest punitive damages verdict ever under Washington’s Insurance Fair Conduct Act statute. He and Richard Dykstra settled an insurance case on behalf of the State of Washington for $3.8 million in 2015.
Though he now represents only individuals and small businesses in bringing claims, Peter’s first work as a lawyer was a two year clerkship at the Washington State Court of Appeals for Judge Mary Kay Becker. Peter then worked primarily as a civil defense attorney before coming to Friedman | Rubin in 2012. That work included five years defending the City of Seattle in police misconduct cases and various manufacturers of asbestos-containing products in product liability lawsuits.
Peter has been repeatedly recognized as a Washington “Rising Star” both earlier as a civil defense attorney and now a plaintiff’s attorney. He lives in West Seattle with his wife, also an attorney, and his two young kids. Collapse
| Shannon Kilpatrick|
Shannon M. Kilpatrick practices at DawsonBrownPS in Seattle. She focuses her practice on substantial personal injury claims, wrongful death, insurance coverage disputes, and claims involving insurer misconduct. She also consults on and handles...MoreShannon M. Kilpatrick practices at DawsonBrownPS in Seattle. She focuses her practice on substantial personal injury claims, wrongful death, insurance coverage disputes, and claims involving insurer misconduct. She also consults on and handles appeals. Before joining DawsonBrownPS in 2014, she practiced with her father, Dick Kilpatrick, for five years. Prior to that, Shannon clerked for the Honorable Debra L. Stephens at the Washington Supreme Court.
Shannon is a native of the Seattle area. She earned her BA in History from Whitman College. She graduated cum laude from Marquette University Law School in Milwaukee, Wisconsin, where she externed for the Honorable John L. Coffey at the US Court of Appeals for the Seventh Circuit.
Shannon serves on the Board of Governors for the Washington State Association for Justice (WSAJ). She chairs the Washington State Bar Association (WSBA) Court Rules & Procedures Committee. She served as a member of the Committee from 2011-2015. From 2017-18 she was appointed to serve on the WSBA Civil Litigation Rules Drafting Task Force. From 2011-2012, she served on the WSBA Admission to Practice Rules Task Force.
Shannon has authored articles and been an invited speaker at more than a dozen seminars on the topics of insurance law, tort law, ethics, civil procedure, and appellate issues. She is Editor of the WSAJ Motor Vehicle Litigation Desk Book, publication forthcoming in September 2018. From 2012-2018 Washington Super Lawyers selected her as a Rising Star.
Like any good Northwest native, Shannon loves the outdoors and traveling, and enjoys rooting for Seattle sports teams—some years more than others. She and her husband are Mariners’ season ticket holders and long-suffering fans. They live in Duvall with their cat, Hannah. Shannon also volunteers at Homeward Pet Adoption Center, a rescue and shelter for cats and dogs in Woodinville. Collapse
| Brad J. Moore|
Brad J. Moore is a native of Seattle, Washington. He completed his course work at the University of Washington (B.A. Philosophy) and Seattle University School of Law, where he graduated cum laude in 1992. As a partner in the Seattle offices of...MoreBrad J. Moore is a native of Seattle, Washington. He completed his course work at the University of Washington (B.A. Philosophy) and Seattle University School of Law, where he graduated cum laude in 1992. As a partner in the Seattle offices of Stritmatter Kessler Whelan, Brad's practice focuses on personal injury, class actions and insurance litigation. His insurance work involves pursuing Bad Faith/Consumer Protection Act and coverage claims on behalf of policyholders and insureds.
Brad's recent noteworthy cases include a wrongful death action brought against the promoters of a Monster Truck show on behalf of a six year old boy who died when a metal ring from a monster truck flew into the grandstands and struck his head, killing him. He also secured a victory in the Washington Supreme Court on behalf of insureds whose property loss claims were improperly calculated.
Brad has tried to verdict or judgment over 75 cases and settled hundreds more. He is a member of the American Board of Trial Advocates (ABOTA). Brad's peers have voted him a "Super Lawyer" each of the past eight years as reported in Washington Law and Politics.
Brad has spoken at over 30 legal seminars and written numerous articles and papers on law-related issues over the years.
He has twice served as Chair of WSAJ's Insurance Law section. Brad currently serves on the Executive Committee and is Vice President of the Public Justice Foundation, a national public interest law firm headquartered in Washington, D.C. Collapse
January 24, 2014
Program Titles and Supporting Materials
This program contains the following components:
- Winning Your IFCA Battle Paper
- Winning Your IFCA Battle Part 1 - Video
- Winning Your IFCA Battle Part 1 - Audio
- Winning Your IFCA Battle Part 2 - Video
- Winning Your IFCA Battle Part 2 - Audio
- Winning Your IFCA Battle Part 3 - Video
- Winning Your IFCA Battle Part 3 - Audio
- Winning Your IFCA Battle Part 4 - Video
- Winning Your IFCA Battle Part 4 - Audio
- Winning Your IFCA Battle Part 5 - Video
- Winning Your IFCA Battle Part 5 - Audio
- Winning Your IFCA Battle Part 6 - Video
- Winning Your IFCA Battle Part 6 - Audio
How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.
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$115 for Plaintiff - Regular General Practice Attorney
Duration: 360 minutes
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