LIABILITY PROGRAM COURSES

The LIABILITY PROGRAM examines in detail the basis for liability in specific substantive and procedural areas of law. Knowledge of these selected course topics is essential to any claims professional, whether he or she specializes in casualty claims or has only occasional contact with these claims. The Program also addresses the interaction between these principles and the most common coverages, e.g. automobile and general liability. The student will learn how legal liability and coverage disputes have been and are likely to be resolved in the courts.

NOTE: For Program completion all required courses and three electives must be taken.

210 LIABILITY INSURANCE PRINCIPLES (Required) (Course Textbook Consists of 141 Pages)
This course will enable the student to analyze fundamental principles of liability insurance and the insurance contract to determine the coverage and understand basic concepts of insurance law for liability coverages as they have been interpreted in the courts. Included are discussions of policy conditions, the duties of both insured and insurer once a loss has occurred, the insurer's duty to investigate, defend and settle and ways to avoid allegations of bad faith.

Course Index
1. Introduction
2. The Liability Policy Contract
3. Liability Policy Conditions
4. Insurer's Duties

211 COMPARATIVE NEGLIGENCE, CONTRIBUTION AND SETTLEMENTS
(Required) (Course Textbook Consists of 148 Pages)
This course will enable the student to analyze the various forms of comparative negligence and to apply comparative negligence principles on a state by state basis; understand the three theories of comparative negligence and their application to a dollar and cents evaluation of claims; and give consideration to the relationship of comparative negligence to strict liability, joint and several liability, contribution among joint tortfeasors, products liability, subrogation and other areas.

Course Index
1. Negligence and Contributory Negligence
2. Comparative Negligence
3. Applying Comparative Negligence
4. Multiple Tortfeasors
5. Counterclaims and Setoff
6. Special Verdicts
7. Survey

NOTE: Credit will be given for course #211 if completed as part of the Automobile Program.

212 LAW OF EVIDENCE (Required) (Course Textbook Consists of 176 Pages)
This course will enable the student to understand rules governing admissibility of evidence at trial. By reviewing the common law and the Federal Rules of Evidence, students will become aware of the possibilities inherent in any evidence situation for the purposes of better guiding the claims investigation.

Course Index
1. Fundamental Principles
2. Methods of Proof
3. Examination of Witnesses
4. Hearsay Evidence
5. Hearsay Exceptions

213 PLEADINGS AND PRACTICE (Required) (Course Textbook Consists of 221 Pages)
This course will enable the student to understand legal procedures and their role in the litigation process, the various time periods within which actions must be brought, and the jurisdictional basis for bringing actions in the state and federal courts. The practical aspects of court procedures are emphasized to promote more effective interaction between the claims professional and defense counsel.

Course Index
1. The Judicial System
2. Jurisdictional Requirements
3. Pleadings
4. Parties
5. Third Party Practice
6. Process
7. Motions 
8. Discovery
9. Process to Compel Attendance at Trial or for Discovery
10. The Pre-Trial Conference
11. Trial
12. Post-Trial Procedures
13. Judgments
14. Appeals
15. Settlement of Claims Before or After Judgment
 

217 LAW OF INSURANCE: GENERAL LIABILITY
(Elective) (Course Textbook Consists of 209 Pages)
This course will enable the student to understand and analyze the courts' interpretation of general liability policy language affecting investigation, negotiation, and settlement of claims; and to understand various coverage issues such as punitive damages, wrongful termination of employment, and sexual misconduct; as well as important policy exclusions, such as the intentional acts exclusion, the pollution exclusion, and the work product exclusions.

Course Index
1. Introduction to General Liability Insurance
2. Coverage Provided
3. Coverage Exclusions
4. CGL Policy Conditions
 

218 MEDICAL MALPRACTICE (Elective) (Course Textbook Consists of 156 Pages)
This course will enable the student to understand the exposure in various areas of health care such as physicians, nurses, hospitals, nursing homes, and pharmacists. Their rights and liabilities are analyzed not only with respect to patients and customers but also as to third parties who might be affected by their actions. The standard of care is examined as to each health care provider as well as methods of proving deviation from that standard. Defenses such as statute of limitations, contributory negligence, and assumption of risk that may be raised on behalf of the medical professional are also discussed.

Course Index
1. Introduction
2. Physicians and Surgeons
3. Theories of Liability
4. Duties and Liability of the Nurse
5. Duties and Liability of the Hospital
6. Duties and Liability of the Nursing Home
7. Duties and Liability of the Pharmacist
8. Defenses
9. Medical Malpractice Recovery Limitations

219 PROFESSIONAL LIABILITY (Elective) (Course Textbook Consists of 186 Pages)
This course will enable the student to understand duties, liabilities, and defenses of those rendering non-medical professional services; and to focus attention on those factors constituting negligence, giving rise to appropriate defenses and better directing investigation to avoid unwarranted expense and unnecessary claim payments.

Course Index
1. Introduction
2. Duties and Liability of the Attorney
3. Duties and Liability of the Insurance Professional
4. Duties and Liability of the Public Accountant
5. Duties and Liability of Directors and Officers
6. Duties and Liability of Architects and Engineers

220 PRODUCTS LIABILITY (Elective) (Course Textbook Consists of 167 Pages)
This course will enable the student to understand common law and statutory law with regard to damages arising from harmful or defective products and to know the differences in the common law and statutory approaches to the liability question.

Course Index
1. Introduction 
2. Negligence 
3. Warranty Liability 
4. Strict Liability in Tort
5. Defenses
6. Contribution and Indemnity
7. Administrative Law

221 LAW OF ENVIRONMENTAL CLAIMS (Elective) (Course Textbook Consists of 189 Pages)
This course will enable the student to identify and understand key issues in environmental claims, both first and third party. In first party claims, the issues discussed include the existence of direct physical loss, loss of use as physical loss, types of property covered, and the application of policy exclusions. Discussion of third party claims includes the definition of covered occurrence, application of coverage triggers, determination of whether cleanup costs qualify as covered damages; and court interpretation of the term "sudden and accidental" in the pollution exclusion, as well as the absolute pollution exclusion contained in current liability policies.

Course Index
1. Introduction
2. Pollutant and Contaminant Defined
3. Theories of Liability and Damages
4. Liability Coverage Issues
5. First Party Property Coverage Issues
6. Environmental Statutes

222 ALTERNATIVE DISPUTE RESOLUTION
(Elective) (Course Textbook Consists of 176 Pages)
This course will enable the student to understand the various methods of ADR available as alternatives to expensive and time consuming litigation. The student will learn how to evaluate the appropriateness of a particular ADR method to any given claim; as well as the procedures required, the legal implications of that method and whether it's binding on the parties or whether an appeal is available.

Course Index
1. Introduction
2. Negotiation
3. Mediation
4. Arbitration
5. Arbitration and Insurance Policy Provisions
6. Inter-Company Arbitration
7. Hybrid Dispute Resolution Procedures

223 EMPLOYMENT PRACTICES LIABILITY
(Elective) (Course Textbook Consists of 183 Pages)
This course will enable the student to understand the law relating to employment practices claims. State and federal statutes as well as common law claims will be considered. The student will also learn which policies provide coverage for employment practices claims, with special emphasis on CGL and EPLI.

Course Index
1. Introduction
2. The Statutes
3. Common Law Employment Issues
4. Insurance Coverage

224 PERSONAL AND ADVERTISING INJURY COVERAGE
(Elective) (Course Textbook Consists of 153 Pages)
This course will enable the student to understand this coverage as contained in general liability insurance policies. The student will study non-advertising offenses such as false arrest, malicious prosecution, wrongful entry and eviction, invasion of privacy and defamation; advertising-related offenses such as infringement of copyright, trade dress, and advertising slogans; and policy exclusions. The student will learn the policy language as well as court interpretations of the policy language.

Course Index
1. Introduction to Personal and Advertising Injury Coverage
2. Non-Advertising Offenses
3. Advertising-Related Offenses
4. Personal and Advertising Injury Exclusions