2018 Insurance Law CLE The Beating Heart of Bad Faith & IFCA: Unreasonableness, Damages & Talking with Your Jurors
Published by Washington State Association for Justice
$157 for Legal Staff
$157 for Regular Member
Duration: 285 minutes
Register now for immediate access to this program.
2018 Insurance Law CLE
The Beating Heart of Bad Faith & IFCA: Unreasonableness, Damages & Talking with Your Jurors
Chairpersons Ian Birk and Kristine Grelish
Friday, May 11, 2018
Westin Hotel, Seattle or via Webcast
3.0 Law & Legal Credits • 0.5 Ethics credits
8:30-9:00 Showing Unreasonableness in 1st Party Cases
Gary Williams, Quilcene Attorney
9:00-9:30 Damages in 1st Party Cases
Isaac Ruiz, Seattle Attorney
9:30-10:00 UIM Bad Faith
Janelle Carney, Spokane Attorney
10:15-10:45 Unreasonableness in 3rd Party Cases
Richard Dykstra, Seattle Attorney
10:45-11:15 Damages in 3rd Party Cases
David Beninger, Seattle Attorney
11:15-11:45 Fees, Ethics, and When Insurers Try to Wedge
Shannon Kilpatrick, Seattle Attorney & Dick Kilpatrick, Bellevue Attorney
12:45-1:05 Bad Faith. Good Stuff. Jurors and Bad Faith Cases
Jeff Boyd, Seattle Attorney
| 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
| Ian S. Birk|
Ian Stephen Birk practices in Keller Rohrback L.L.P.’s section for plaintiff tort litigation. Mr. Birk’s practice emphasizes representation of policyholders and other insureds in a broad range of disputes with insurance carriers. He has experience in...MoreIan Stephen Birk practices in Keller Rohrback L.L.P.’s section for plaintiff tort litigation. Mr. Birk’s practice emphasizes representation of policyholders and other insureds in a broad range of disputes with insurance carriers. He has experience in both first- and third-party coverages as well as insurance claim handling practices and regularly consults with other lawyers on insurance issues. Mr. Birk has represented people who have lost their home; lost their business; been diagnosed with debilitating diseases; or been the victim of physical injury.
In addition, Mr. Birk has represented individual and organizational clients in litigation and at trial in cases ranging from commercial disputes to automobile accidents to securities fraud. He has represented clients with severe brain injuries and clients who were defrauded of millions.
Mr. Birk serves as a volunteer attorney with the King County Bar Association Neighborhood Legal Clinic. He has served as Newsletter Editor of the American Association for Justice Insurance Section, Associate Editor for insurance law for the Trial News, the monthly publication of the Washington Association for Justice. He has been recognized by The National Trial Lawyers as one of the Top 40 Under 40 in Washington and has received a 10.0/superb rating from Avvo.com. Before entering private practice, Mr. Birk clerked at the Washington Supreme Court. Collapse
| Gary Williams|
GARY WILLIAMS has been immersed in insurance law issues for more than 45 years. He now exclusively represents policyholders in coverage and bad faith cases. He spent eleven years in claims, prior to and during law school. He has designed a curriculum...MoreGARY WILLIAMS has been immersed in insurance law issues for more than 45 years. He now exclusively represents policyholders in coverage and bad faith cases. He spent eleven years in claims, prior to and during law school. He has designed a curriculum for and taught a claims adjuster course at Pierce College, has practiced insurance defense, and does expert witness work and consulting on claim handling issues. He has tried coverage and bad faith lawsuits all over Washington in both state and federal courts.
Gary taught trial practice, legal writing and moot court at Seattle University. He also does insurance policy appraisals, arbitrations, and mediations. Collapse
| Isaac Ruiz|
Isaac Ruiz is a partner with Keller Rohrback. He was selected to the 2015 and 2016 Washington Super Lawyers lists and is rated a “Superb” lawyer by Avvo.The first college graduate in his family, Mr. Ruiz completed his degree at the University of...MoreIsaac Ruiz is a partner with Keller Rohrback. He was selected to the 2015 and 2016 Washington Super Lawyers lists and is rated a “Superb” lawyer by Avvo.The first college graduate in his family, Mr. Ruiz completed his degree at the University of Texas at Austin (Government and Economics) in just two and a half years. In 2000, he graduated magna cum laude from Notre Dame Law School, where he graded onto the Notre Dame Law Review, served on the Journal of College & University Law, and won the Arthur Abel Memorial Award for best article. After law school, Mr. Ruiz served as a judicial law clerk for the Honorable Carlos F. Lucero of the U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado.
Before joining Keller Rohrback, Mr. Ruiz worked with Brownstein Hyatt Farber Schreck, LLP in Denver and with Perkins Coie LLP in Seattle.
Mr. Ruiz is the author of the Washington’s Insurance Fair Conduct Act: Cases & Analysis(2014), a respected treatise on insurance law. He also compiled the only complete collection of legislative history for the Insurance Fair Conduct Act, including certified transcripts of legislative hearings. Between 2014 and 2016, Mr. Ruiz served as the Chairman of the Washington State Association’s Insurance Section.
In 2015, Seattle Mayor Ed Murray nominated Mr. Ruiz to serve as a Commissioner on the Seattle Community Police Commission (CPC), a civilian commission with a mandate to develop reform recommendations and represent community interests on police matters. The City Council approved the nomination in early 2016. Mr. Ruiz also serves as the Vice President of the QLaw Foundation, which provides free legal services to members of the LGBTQ community and education about legal issues affecting the LGBTQ community. 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
| 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
| David Beninger|
Mr. Beninger is a shareholder/partner with the Luvera Law Firm, where he has practiced for the last 28 years.
He has handled a number of complex and high profile cases, including the claims arising from theWashington D.C. Sniper...MoreMr. Beninger is a shareholder/partner with the Luvera Law Firm, where he has practiced for the last 28 years.
He has handled a number of complex and high profile cases, including the claims arising from theWashington D.C. Sniper shootings; Tacoma Police Chief David Brame's domestic violence shooting of his wife and self; the Olympic Pipeline Explosion that killed two 10 year old boys, the Anacortes Refinery Explosion that killed six workers and many more. He has handled numerous appeals and has nearly 100 verdicts and settlements in excess of $1 million, including the largest wrongful death claims, the largest nursing home injury award, largest bicycle injury and three of the five three largest insurance bad faith results in Washington.
As a result of his work and the advocacy of clients, there have been changes in Insurance, Pipeline Safety laws, Domestic Violence laws, Construction practices and in other fields to protect the public. His cases and clients have been featured in every major newspaper and TV news program in Western Washington, as well as Oprah, 48 Hours, CNN, The Today Show, People Magazine and other publications and broadcasts.
Mr. Beninger is a selected member of DART and also serves on the WSAJ Amicus Committee. He has been selected by Washington Law & Politics as a "Super Lawyer" in each of its annual editions.
For further information see www.luveralawfirm.com or (206) 467-6090. 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. She provides pro bono legal services to immigrants through the Northwest Immigrant Rights Project. 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 graduated from Newport High School in Bellevue and 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 is admitted to practice in all state courts in Washington. She is also admitted before the US District Court for the Western District of Washington and the US Court of Appeals for the Ninth Circuit. She has served on the Washington State Bar Association (WSBA) Court Rules & Procedures Committee since 2011. In 2015 and 2016, the WSBA Board of Governors appointed her to serve as Chair of that Committee. From 2011-2012, she served on the WSBA Admission to Practice Rules Task Force. Shannon is also involved in the plaintiffs’ trial bar, the Washington State Association for Justice (WSAJ). She serves on its Board of Governors and the Judicial Relations Committee.
Shannon has authored articles and been an invited speaker at numerous seminars on the topics of insurance law, tort law, ethics rules, civil procedure, and appellate issues. From 2012-2016, Washington Super Lawyers selected her as a Rising Star. She has a perfect 10.0 “Superb” rating on Avvo.com. In July 2014, Gonzaga Law Review published an article she wrote, entitled “Sounding the Alarm: Is Diversity Jurisdiction Interfering with Washington State's Development of Its Own Body of Law Related to the Insurance Fair Conduct Act?”
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, Dan, are Mariners’ season ticket holders and long-suffering fans. They live in Duvall with their cat, Hannah. Collapse
| Dick Kilpatrick|
Dick Kilpatrick is working to close a 42-year plaintiff practice for injury claims, insurance coverage, insurance bad faith and lawyer related matters, including fee issues. He tried his first insurance bad faith case to a jury in 1981 or 82....MoreDick Kilpatrick is working to close a 42-year plaintiff practice for injury claims, insurance coverage, insurance bad faith and lawyer related matters, including fee issues. He tried his first insurance bad faith case to a jury in 1981 or 82.
Dick served as trial and appellate counsel in a lawyer-on-client attorney fee case, Sessions v. Carlson (unpublished opinion 119 Wn. App. 1066). He similarly acted in Mahler v. State Farm, (limitations of insurers’ subrogation rights); Woo v. Fireman’s Fund (2007) (coverage and bad faith failure to defend); the separate Woo 2009 appeal) (no secrecy in claim manual), the damage phase of American Best v. Alea London; Jones v. City of Seattle (setting method required to exclude late trial witnesses); Day v. Mutual of Enumclaw (IFCA judgment and element of insured claim assignment defeating coverage by estoppel); and Xia v. Probuilders (applying efficient proximate case analysis to a third party claim, defeating pollution exclusion).
Dick has spoken at many WSTLA/WSAJ seminars including the Insurance Law Seminars. He admits the dubious distinction for warning at the 3rd or 7th Annual Insurance Law Seminar about a US Supreme Court case that seemed to federalize significant elements of Washington insurance law under some federal statute meant to protect employee pensions. Dick still fervently wishes he had been wrong about what ERISA might become.
Dick served on the WSTLA’s Board, on WSTLA’s Amicus Committee, served as Chair and Co-Chair of WSAJ/WSTLA’s Insurance Section and helped establish the WSAJ Foundation. He served three years on the WSBA Disciplinary Board; served on the WSBA Court Rules Committee; and served as a Conflicts Review Officer appointed by the Supreme Court. He has spoken and written concerning insurance or lawyer conduct in over 75 seminars or other publications intended for lawyers. Collapse
| Jeffrey D. Boyd, Esq.|
Jeff Boyd has been a trial lawyer since 1982 and has tried over 100 civil jury trials. In addition to his private practice, since 1997, Jeff has worked as a trial consultant across the country conducting hundreds of focus groups, working with lawyers...MoreJeff Boyd has been a trial lawyer since 1982 and has tried over 100 civil jury trials. In addition to his private practice, since 1997, Jeff has worked as a trial consultant across the country conducting hundreds of focus groups, working with lawyers to help them win their cases. His unique approach is highly interactive and focuses on learning what real people think about your case and how to use that information to improve your results. In addition to interactive focus groups, Jeff does individual trial coaching, witness preparation, theme development, creation of demonstrative evidence, juror questionnaires, voir dire, mock trials, post verdict interviews, and strategic analysis.
Jeff received his undergraduate degree in psychology from Kent State University and his law degree from The Ohio State University. He was a board member of the Ohio Association for Justice and received their President's Award. He is active in the American Association for Justice and received their Wiedeman Wysocki Award. He is an Eagle and Board member of the Washington State Association for Justice and is a past Editor of Trial News. He is also a member of the Western Trial Lawyers Association, the American Society of Trial Consultants, and the Melvin Belli Society.
In addition to being President of Boyd Trial Consulting, Jeff is also a partner in the Seattle law firm of Nelson Boyd. Jeff is an avid road cyclist, downhill skier, and traveler. He also enjoys photography and hot rods. Collapse
May 11, 2018
Program Titles and Supporting Materials
This program contains the following components:
- 2018 Insurance Law CLE - Paper
- Showing Unreasonableness in 1st Party Cases - Video
- Damages in 1st Party Cases - Video
- UIM Bad Faith - Video
- Unreasonableness in 3rd Party Cases - Video
- Damages in 3rd Party Cases - Video
- Fees, Ethics, and When Insurers Try to Wedge - Video
- Bad Faith. Good Stuff. Jurors and Bad Faith Cases - Video
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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$157 for Legal Staff
$157 for Regular Member
Duration: 285 minutes
Register now for immediate access to this program.