First And Third Party Property Loss Litigation: A Primer For The Trial Lawyer

Date: April 24 2020 CLE Credits: 2 General

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Rebroadcast - April 24, 2020

  • 8:00-10:15am PST / 9:00-11:15am MST / 10:00-12:15pm CST / 11:00-1:15pm EST

Course Description

This program was recorded on February 4, 2020

Your client’s commercial or residential property burns to the ground. What do you do?

This course will detail the various types of claims litigation that can ensue after a property loss. We will teach you how to litigate first and third party property loss claims. We will discuss the intricacies of coverage, the “Made Whole Doctrine”, choice of law, valuation including actual cash value versus replacement costs, business interruption, and the proper selection of experts including the public adjusters. We will also address third party professional liability in the setting of underinsured first party claim.



  • Brian Goodman
    Brian Goodman is a trial lawyer and principal at the firm. He represents clients in the defense of civil claims, including serious personal injury and products liability claims. Brian also represents churches and other religious institutions in the defense of sexual misconduct claims. In addition to his active trial practice, Brian represents a national insurance-industry trade association in regulatory and licensing matters, and, as such, has been and continues to be very active with the NAIC (National Association of Insurance Commissioners). He lectures extensively for continuing education credit in numerous states on first-party property insurance matters and authored a chapter in the ABA book on First Party Property Litigation.

    Contact Brian S. Goodman


    Kelly Donohue
    Kelly Donohue is a summa cum laude graduate of the University of Baltimore School of Law. Ranking second in her graduating class, Ms. Donohue was the recipient of numerous academic awards including a Distinguished Scholar award for her work in the University of Baltimore Civil Advocacy Clinic representing Baltimore City residents. Ms. Donohue also holds a Bachelor of Science degree from the University of Maryland in Neurobiology and Physiology. Since completing her formal education, Ms. Donohue has worked as a trial attorney in the areas of medical malpractice, nursing home negligence, catastrophic personal injury, and first and third party property loss as well as property loss subrogation. Beginning her career at Goodell, DeVries, Leech & Dann, LLP in Baltimore, one of the State’s largest and most prestigious defense litigation firms, Kelly spent twelve years defending multi-billion-dollar health care systems throughout Maryland as well as individual health care providers. Ms. Donohue’s extensive litigation experience defending negligence actions equips her with a unique understanding of how such lawsuits are defended and how insurance companies evaluate and value losses.

    Contact Kelly Donohue

      • 2 General Credits
      • ProLawCLE will seek approval of any CLE program where the registering attorney is primarily licensed with exceptions stated below. Application is made at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting.

        ProLawCLE does not seek approval in the state of Virginia.

        Each state has its own governing rules and regulations with regards to CLE courses and formats, therefore please contact your state MCLE regulatory entity for further details about your state's rules. Please visit our State Requirements page for information regarding your state's CLE requirements and/or contact information for your state bar.

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        AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, and PR.

        ProLawCLE is dedicated to providing quality education from expert speakers and ensuring each attorney receives CLE credit for their participation. If for some reason a particular course does not receive approval in the attorney's primary state of licensure, ProLawCLE will give credit for a future approved course or give a full refund, if applicable.

      Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
    1. FIRST PARTY LITIGATION (1 hour)
    2. Coverage Issues (10 minutes)
    3. Contract Nature of Claim (5 minutes)
    4. The Policy (5 minutes)
    5. Appraisal (10 minutes)
    6. Bad Faith (5 minutes)
    7. Valuation Issues (20 minutes)
      1. Experts (The Public Adjuster, The Contractor, the CPA)
      2. Damages and Coverages
      3. ACV v. Replacement Cost
      4. Business Interruption
      5. Debris Removal
      6. Personal Property
      7. Building
      8. Ordinance of Law Coverage
    8. Conclusion - First Party (5 minutes)
    9. THIRD PARTY LITIGATION (1 hour)
    10. Coverage Gap and Third Party Liability (10 minutes)
    11. Subrogation Issues and the "Made Whole Doctrine" (15 minutes)
    12. Negligence as Compared to Contract Issues (10 minutes)
    13. Potential Tortfeasors/Liability Theories (15 minutes)
      1. Broker/Agent & Specific Duties of Care
      2. Contractors, Repairs, Personnel, Vendors
      3. Auto/Truck Drivers
    14. Expert Needs (5 minutes)
    15. Damages (5 minutes)

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