Educating the Insurance Industry One Class At a Time...

A note from our Managing Member...

"Westmoreland Law Firm, PLLC is proud to be a TDI-registered provider of continuing education courses for insurance professionals licensed to practice in the state of Texas. Our provider number is 36419. We offer a variety of 1-2 hour courses, and I would love the chance to present them to your organization. As professionals, we all benefit from the questions raised by our peers in a classroom setting and the ideas that interactive course participation can spark. When I teach a course to your group, we will all learn. While I try to make my courses lively, I take my teaching responsibilities seriously and will stay as long as necessary after a course to discuss with you any real life situations that you may be facing related to the course material. If you are in need of continuing education credit, I hope that you will contact us to schedule a time when I can come and speak to your group on one of the many topics that we offer. Or, if there is a particular subject that you would like to have covered but do not see it listed below, give me a call to discuss your needs. I look forward to the chance to learn with you."

                                                                                                       --Brad K. Westmoreland



Courses Offered for Continuing Education Credit

Everything You Ever Wanted to Know (and More) About Hospital Liens

This course provides a thorough analysis of the four types of liens created by Chapter 55 of the Texas Property Code which are collectively referred to commonly as "hospital liens." Therefore, this course is especially beneficial for any adjuster responsible for the handling of bodily injury claims. Few things can mess up a settlement faster than failure to properly discover and handle outstanding liens. Through an analysis of the statutes and case law, with plenty of practical examples to aid the discussion, we educate course participants on how to recognize the common Chapter 55 liens and the proper way to handle those liens once discovered.

Classroom credit available: Approved for 1.0 hour or 2.0 hours

Understanding Liens, Rights of Subrogation, and Assignments

Oftentimes because of confusion, these three categories of settlement-breakers are treated identically by a file handler and are abused by those claiming to have rights to settlement proceeds due to the lien, right of subrogation, or assignment asserted. The result, in our experience, is that insurance companies end up paying when they shouldn't--or fail to pay when they should--all too often and to the detriment of their policyholders. The reality is that these rights of recovery are very different and can each affect settlements in different ways. Moreover, Texas law on subrogation--especially--is ever-evolving. This course teaches participants how to recognize the distinctions between these three, general rights of recovery. In addition, specific emphasis is placed on the proper handling of subrogation rights and the various types of assignments that one may encounter when settling all kinds of claims. Included in this course is a thorough discussion of the Texas Medicaid and federal Medicare systems.

Classroom credit available: Approved for 2.0 hours

Bystander, Survival, and Wrongful Death Claims

This course presents a thorough overview of the law governing wrongful death, survival, and bystander claims in the state of Texas, educates attendants on how to distinguish between these three unique claims, and presents practical advice on handling settlement negotiations when one or more of these claims is involved.

Classroom credit available: Approved for 2.0 hours

Mastering Stowers and Soriano

Few cases in Texas have had a greater impact on how third-party claims are negotiated and settled than G.A. Stowers Furniture Co. v. Am. Indem. Co., 15 S.W.2d 544 (Tex. Comm. App. 1929, holding approved), Texas Farmers Ins. Co. v. Soriano, 881 S.W.2d 312 (Tex. 1994), and their progeny. Attendees of this course will learn how to distinguish valid Stowers demands from invalid ones and how to handle various settlement scenarios when a valid Stowers claim is presented. In addition, a thorough discussion of Soriano is presented along with practical advice for how this case can affect settlement practices in Texas when multiple claimants are involved.

Classroom credit available: Approved for 1.0 hour

Understanding and Handling the Texas Child Support Lien

Although it has had this ability for many years, in recent months there has been a marked effort by the Texas Attorney General's Office to enforce its ability to place a lien on settlements involving individuals who are delinquent in their child support payment obligations. Combined with this push, rules for involuntary insurance reporting relative to these liens were recently enacted. This timely course educates the adjuster on the types of claims to which these liens may attach and teaches the adjuster practical methods for negotiating and evaluating claims subject to this lien.

Classroom credit available: Approved for 1.0 hour

The Latest and Greatest

Ever-changing in content, this course presents an overview of the latest insurance and transportation-related opinions handed down by the Texas Supreme Court and lower Texas courts of appeal and educates adjusters on how those cases may impact their daily claims-handling practices.

Classroom credit available: Approved for 1.0 hour