MCCCD Official Course Competencies:

LAS212  2004 Summer I – 2009 Summer II

Insurance and Tort Law

1.

Identify and analyze the elements of negligence, strict liability, and intentional torts. (I-III)

2.

Identify and analyze appropriate defenses to tort claims. (IV)

3.

Identify and analyze the legal issues surrounding damages. (V)

4.

Describe various types of insurance coverage available. (VI)

5.

Identify the rights of insurers and the defenses they can raise. (VII)

6.

Obtain and evaluate medical records. (VIII)

7.

Identify and locate non-medical records. (IX)

8.

Explain how a personal injury claim is evaluated. (X)

9.

Review a homeowner's and automobile insurance policy. (XI)

10.

Calculate a client's net settlement and prepare a settlement brochure. (XII-XIII)

11.

Prepare a case intake memorandum. (XIV)

12.

Identify and analyze the rules of professional conduct pertinent to personal injury practice. (IV-VII, X, XIII)

MCCCD Official Course Outline:

LAS212  2004 Summer I – 2009 Summer II

Insurance and Tort Law

I. Negligence

A. Duty

B. Breach of duty

C. Causation

II. Strict Liability

A. Animals

B. Abnormally dangerous activities

C. Product liability

III. Intentional Torts

A. Assault

B. Battery

C. False imprisonment

D. Trespass to land

E. Trespass to chattels

F. Conversion

G. Infliction of emotional distress

IV. Defenses to Tort Claims

A. Contributory negligence

B. Comparative negligence

C. Assumption of risk

D. Statutes of limitation

E. Preemption

F. Immunity

V. Damages

A. Classification

B. Calculation

C. Evaluation

D. Wrongful death v. survival actions

E. Limitations on recovery

VI. Insurance Coverage

A. Liability

B. Uninsured motorists and underinsured motorists

C. Collision

D. Comprehensive

E. Medical pay

VII. Rights and Defenses of Insurers

A. Subrogation

B. Reservation of rights

C. Arbitration

D. Termination of policy

1. Failure to cooperate

2. Failure to give notice

3. Failure to abide by terms of policy

4. Material misrepresentations

5. Intentional acts

VIII. Obtaining and Evaluating Medical Records

A. Obtaining records

1. Requests for records

2. Types of records sought

B. Reviewing records

1. Names found in records

2. Dates

3. Wording of releases

4. Types of treatments

5. Adverse reactions

6. Notes by medical practitioners

C. Preparing medical records summary

1. Chronological order

2. Narrative summary

3. Individual health care provider summary

4. Specialized summary

IX. Non-Medical Records

A. Repair records

B. Investigative reports by business or insurance company

C. Police accident and incident reports

D. Fire department reports

E. Ambulance reports

F. Government agency reports

G. Consumer protection and service organization reports

X. Assessment of Value of Case

A. Medical expenses

B. Lost wages

C. Property damage

D. Pain and suffering

E. Possible defenses

F. Client as a witness

G. Comparative value

1. Trial reporters

2. Compendium

3. Personal injury valuation programs

4. Journals

5. Web sites

6. Experts

XI. Review of Insurance Policy A. Types of policies

1. Homeowner's

2. Automobile

3. Other

B. Key provisions in policies

C. Declarations page

XII. Calculation of Client's Net Settlement

A. Medical expenses

B. Fees incurred by firm

1. Investigators

2. Expert witnesses

3. Court costs

C. Attorney's fees

D. Expenses paid by outside sources

XIII. Settlement Brochure

A. Facts of case

B. Personal history of plaintiff

C. Prior medical history of plaintiff

D. Injuries

1. Present effects

2. Long-term effects

E. Economic and psychological impact of injuries

F. Damages

G. Evaluation of claim

XIV. Case Intake Memorandum

A. Client's pertinent information

B. Background of claim

1. Date

2. Location

3. Parties involved

4. Details of incident

C. Information concerning witnesses to support claim

D. Pertinent documents to support claim

E. Contingency fee arrangements