Events & Webinars

PC Webinar: You Ain’t From Around these Parts: Ethical Pitfalls  And Issues in Texas

August 14, 2018
Cory S. Reed
Webinar

The purpose of this presentation is to advise lawyers and claims representatives/adjusters about current procedural and substantive issues unique to Texas and their duties and obligations in that regard. The presentation will include discussion of current statutes and case law concerning indemnity agreements, warranty claims, product liability, premise liability, and tort reform and how these substantive issues impact the merits and valuation of a case. The presentation will also include a discussion regarding expert reports and lack of privilege when dealing with a retained expert witness.

Statement of Knowledge, Skills and Abilities:
The purpose of this presentation is to advise lawyers and claims representatives/adjusters about current procedural and substantive issues unique to Texas and their duties and obligations in that regard. The presentation will include discussion of current statutes and case law concerning indemnity agreements, warranty claims, product liability, premise liability, and tort reform and how these substantive issues impact the merits and valuation of a case. The presentation will also include a discussion regarding expert reports and lack of privilege when dealing with a retained expert witness.

The entire presentation of, You Ain’t From Around these Parts: Ethical Pitfalls and Issues in Texas, should qualify for ethics credit because it addresses the best practices for disclaiming implied warranties and the fair notice requirements regarding indemnity for negligence. The course will also provide information regarding appropriate ethical behavior of an attorney, Agent or Adjuster in handling requests for client or insureds information, and what information can/should be provided to an insured.

Outline of Topics:

  1. Introduction
  2. Texas Judicial System
  3. Disclaimer of Warranties for Goods
    1. Disclaimer of Express Warranties
    2. Disclaimer of Implied Warranties
      1. Merchantability
      2. Fitness for a Particular Purpose
      3. Other ways to disclaim implied warranties
  4. Product Liability: Innocent Seller Statute
    1. Liability of a Nonmanufacturing Seller
    2. Manufacturer’s Duty to Indemnify Seller
  5. Indemnity for Negligence: Fair Notice Requirements
    1. Express Negligence Doctrine
    2. Conspicuousness
    3. Actual Notice Exception
  6. Premises Liability v. Negligent Activity
  7. Tort Reform
    1. Loser Pays Law
    2. Expedited Actions
    3. Proportionate Responsibility
    4. Joint and Several Liability
    5. Responsible Third Party
    6. Offer of Settlement
    7. Damage Caps
  8. Experts
  9. Questions and Answers

Preview the presentation here.

If you would like more information about this presentation, please feel free to reach out to one of the related attorneys or contact Marketing at [email protected]