Navigate the complexities of insurance coverage discovery, disclaimers, and litigation strategy.
Join us for this overview on how to handle a declaratory judgment action, from the perspective of Plaintiffs, Defendants, and Insurance Carriers.
Part 2 will cover Documentary Discovery, Deposition Strategies, and Summary Judgment Motions.
It examines the procedural and strategic elements of insurance declaratory judgment actions, focusing on the discovery process and the critical distinctions between claim and coverage files. It covers the identification of discoverable materials, the role of underwriting files, and the importance of timing in disclaimers and notices.
The material addresses the nuances of handling depositions, the use of expert witnesses, and the practical challenges of managing parallel litigation in state and federal courts. Participants will gain insight into the evidentiary standards for privilege, the impact of bad faith claims, and the tactical considerations for achieving favorable outcomes on the merits.
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.
Partner at Smiley & Smiley
Rosa is a Partner and Chair of the Insurance and Risk Division at Smiley & Smiley, LLP, and has been in private practice for over 30 years with a focus on policyholder and plaintiff insurance coverage matters. She serves as an insurance coverage consultant to insurance policyholders, plaintiffs, and attorneys who face insurance issues in personal injury and property damage cases. She has also litigated numerous construction, labor law, business owners, automobile, homeowner, life, and disability insurance cases and serves as lead counsel on several New York State litigation matters in the state and federal courts. Having worked on behalf of insurance carriers for over 20 years and now concentrating on policyholder and plaintiff insurance coverage matters, she brings a unique perspective and insight to insurance coverage disputes.
Senior Counsel at Smiley & Smiley LLP
Jocelyn is Senior Counsel with the Insurance Coverage & Risk Division at Smiley & Smiley, where she handles insurance coverage, personal injury, property damage, and commercial liability matters. She earned her JD from SUNY Buffalo Law School, where she was an Associate with the Buffalo Intellectual Property Law Journal.
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