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Uninsured Insurance Update Underinsured and No Fault

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					                      Minnesota State Bar Association
                      Continuing Legal Education
                      Your State Bar at Work for You
                      www.minncle.org




   Uninsured,
 Underinsured
    and No-Fault
Insurance Update
A comprehensive update addressing the
critical issues in UM/UIM and No-Fault

                                   New!
                                           •	 What the new
                                                Bad Faith
                                                law means to
                                                practitioners in the
                                                automobile arena

                                           •	 How will Rule 68
                                              affect plaintiffs and
                                              defendants?

        Thursday, January 29, 2009
                Minnesota CLE Conference Center
       Seventh & Nicollet, Third Floor City Center, Minneapolis
                     Video replay details inside.
Are you looking for a comprehensive UM/UIM and
No-Fault update?

Are you a no-fault arbitrator who needs to meet
the requirement for maintaining arbitrator status?

This seminar will give you information on critical
issues that affect your practice and an update on
key cases decided in the past year.

 Highlights include:
          •	 The importance of the no-fault priority system as
             it relates to UM/UIM motorist claims and how to
             determine who is the proper source for the claim.

          •	 Collateral source issues with the government – what
             is a Medicare Set Aside Trust and why do you need
             to be concerned about it? What new issues are
             facing plaintiff lawyers, defense lawyers, and insurers
             with the Medicare Reporting Act?

          •	 Unique issues that arise with facet neurotomy
             and similar medical procedures. Understand the
             pitfalls while learning practice tips that will help you
             successfully navigate these claims from both sides of
             the fence.

          •	 Successful techniques for handling claims dealing
             with causation.

          •	 Bad Faith and Rule 68 – What the new bad faith
             law means to practitioners in the automobile arena
             and how Rule 68 changes affect plaintiffs and
             defendants.

          •	 Back by popular demand! Our panel of experts
             discuss issues important to your practice, and
             welcome your questions. Try to stump the panel!
  Schedule
8:30 – 8:55 a.m.     CHECK-IN & CONTINENTAL BREAKFAST            10:45 – 12:00 noon   Facet Neurotomies and Other
                                                                                      “Nervy” Issues
8:55 – 9:00 a.m.     Introduction                                                     An engaging and timely exchange from
                                                                                      those in the trenches about unique issues
                                                                                      that arise with facet neurotomy and similar
9:00 – 9:30 a.m.     Uninsured and Underinsured
                                                                                      medical procedures. How do you prove
                     Motorist Coverages                                               up the necessary elements to recover
                     Understand the importance of the                                 damages for these kinds of cases? How
                     no-fault priority system as it relates to                        do you defend claims with neurotomies
                     uninsured and underinsured motorist                              or similar treatment? Who should you
                     claims, and how to determine who is the                          choose as an expert? You will understand
                     proper source for the claim. What should                         the pitfalls while learning practice tips that
                     you do if you see a “phantom?” Learn                             will help you successfully navigate these
                     why terms like “insured,” “occupying,”                           claims from both sides of the fence.
                     “resident relative” are important, and                           – Vincent Breza, Nicholas L. Klehr &
                     how to identify excess or other sources                             Pamela Rochlin
                     of coverage.
                     – Bob Hauer
                                                                 12:00 – 1:00 p.m.    Lunch (on your own)
9:30 – 10:30 a.m.    Collateral Source Issues with the
                                                                 1:00 – 1:45 p.m.     No-Fault and Bodily Injury Cases
                     Government
                                                                                      with Causation
                     What is a Medicare Set Aside Trust
                     and why do you need to be concerned                              Successful techniques for handling claims
                     about it? What new Medicare Reporting                            dealing with causation. What are the
                     Act issues are facing plaintiff lawyers,                         differing standards of proof for a no-fault
                     defense lawyers, and insurers? Get                               and bodily injury claim when dealing with
                     practical solutions to these troublesome                         causation? Discover what tools might be
                     problems from practitioners in the field.                        effective to include in your arsenal when
                                                                                      defending cases on causation, while
                     – Donald Fernstrom, Eric Hayes,                                  learning what works to persuade the fact
                       Tammy Reno                                                     finder – or put them to sleep.
                                                                                      – Jeannie Provo-Petersen
10:30 – 10:45 a.m.   Break
                                                                 1:45 – 2:30 p.m.     Bad Faith and Rule 68: Part I
                                                                                      The prequel from a plaintiff perspective
                                                                                      about what the new bad faith law means
                                                                                      to practitioners in the automobile arena,
                                                                                      and how Rule 68 changes affect both
                                                                                      sides. What happened to bring about the
                                                                                      changes, and what are the practical uses
                                                                                      of each?
                                                                                      – Wil Fluegel

                                                                 2:30 – 2:45 p.m.     Break

                                                                 2:45 – 3:30 p.m.     Bad Faith and Rule 68: Part II
                                                                                      The sequel from a defense perspective on
                                                                                      the new bad faith law and what it means
                                                                                      to practitioners in the automobile arena.
                                                                                      How the Rule 68 changes are predicted
                                                                                      to affect plaintiffs and defendants. Hear
                                                                                      directly from the experts as they explain
                                                                                      the statute and rule and what the practical
                                                                                      effects of the changes really are.
                                                                                      – Richard Thomas

                                                                 3:30 – 4:30 p.m.     Back by Popular Demand! Potpourri
                                                                                      of Automobile Issues
                                                                                      Our experts discuss a conglomeration
                                                                                      of issues of concern to automobile
                                                                                      practitioners, with questions and answers
                                                                                      from the panel and audience. Please bring
                                                                                      a question or two to see if you can “Stump
                                                                                      the Panel!”
                                                                                      – Bob Hauer, Jeannie Provo-Petersen,
                                                                                         Richard Thomas, Wil Fluegel
Faculty                                       This course will fulfill the No-Fault
                                              Rule 10 requirement that no-fault
                                              arbitrators attend at least three CLE
                                              hours on no-fault issues within their
   Robert J. Hauer, Jr.                       reporting period.
   Course Co-Chair
   Hauer, Fargione, Love,
   Landy & McEllistrem PA
   Minneapolis
                                              live presentation
                                              Minneapolis – 1/29/09
   Jeannie Provo-Petersen                     Minnesota CLE Conference Center
   Course Co-Chair                            Seventh Street & Nicollet Mall
   Johnson	•	Provo-Petersen	•	O’Neill	LLP     Third Floor City Center
   Saint Paul

                                              video replay
   Vincent I. Breza                           Schedule times for replays are subject to change due to
   Labore, Guiliani, Cosgriff & Viltoft Ltd   abbreviated lunch and break periods. Start times are as indicated
   Hopkins                                    below. Please register at least one week in advance to secure
                                              your copy of the course materials on the day of the seminar.

                                              Minneapolis – 2/12/09
   Donald G. Fernstrom                        Reg. 8:30; Replay 9:00
   Arthur, Chapman, Kettering,                Minnesota CLE Conference Center
   Smetak & Pikala PA                         Seventh & Nicollet; Third Floor City Center

   Minneapolis
                                              Duluth – 4/17/09
                                              Reg. 8:30; Replay 9:00
                                              Radisson Harborview; 505 West Superior Street
   Wilbur W. Fluegel
   Fluegel Law Office                         Hibbing – 3/20/09
   Minneapolis                                Reg. 8:45; Replay 9:00
                                              St. Louis County Courthouse; 1810 12th Avenue East


   Eric S. Hayes                              Mankato – 4/3/09
                                              Reg. 8:15; Replay 8:30
   Brown & Carlson PA
                                              Farrish Johnson Law Office; Eastwood Industrial Center,
   Minneapolis                                1907 Excel Drive


                                              Marshall – 4/17/09
   Nicholas L. Klehr                          Reg. 8:30; Replay 9:00
   Labore Guiliani Cosgriff & Viltoft Ltd.    Lyon County Government Center; 607 W. Main Street
   Hopkins
                                              Rochester – 3/13/09
                                              Reg. 8:30; Replay 9:00
                                              Kahler Hotel; 20 Second Avenue Southwest
   Tammy M. Reno
   Brown & Carlson PA                         Saint Cloud – 3/6/09
   Minneapolis                                Reg. 8:45; Replay 9:00
                                              Kelly Inn; Hwy 23 & Fourth Avenue South


   Pamela F. Rochlin                          Winona – 3/13/09
   Rochlin Law Firm Ltd                       Reg. 8:30; Replay 9:00
                                              Pflughoeft, Pederson & Johnsrud; 160 Lafayette
   Edina


   Richard J. Thomas                          Credits
   Burke & Thomas PLLP                        Minnesota CLE is applying to the State Board of
   Saint Paul                                 CLE for 6.0 CLE credits and to the MSBA for
                                              6.0 Civil Trial Specialist credits.



                                              CanCellation /
                                              no-show poliCy
                                              Paid registrants who cancel their registration at
                                              least 72 hours before the program will receive a full
questions?
                                              credit on their account; if fewer than 72 hours, a $25
Please call Minnesota CLE at
                                              administrative fee will be deducted.
651-227-8266 or 800-759-8840
or visit us online at www.minncle.org.
Registration Form   Thursday, January 29, 2009
                    Minnesota CLE Conference Center
                    Seventh Street & Nicollet Mall, Third Floor City Center, Minneapolis

                                                                                   [269-09] [ccs]
                    PLEASE “” APPROPRIATE BOx BELOW:

                    LIVE (1/29/09):
                        $245 MSBA member           $245 paralegal        $295 standard rate

                    VIDEO:
                        $210 MSBA member           $210 paralegal        $250 standard rate

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