This course will provide students with rigorous litigation skills training in the context of the intersection between insurance law and litigation practice. Using simulations that involve liability insurance disputes that arise on a regular basis in the course of litigation – an insurer’s disputed obligation to settle the underlying lawsuit and an insurer’s disputed obligation to provide independent defense counsel -- students will be placed in the role of lawyers counseling, advocating and litigating on behalf of their policyholder and insurer clients. The specific litigation skills that will be taught include litigation writing, client counseling, discovery practice and oral advocacy. The course will also provide students with instruction in substantive insurance law and an understanding of the ways in which liability insurance impacts how cases are litigated and how lawyers (both plaintiff and defense counsel) develop and implement litigation strategies designed to preserve (or create) access to insurance resources.
The course will be taught using a combination of lectures, discussion sections and litigation simulations. The class will meet twice a week for ninety minutes with many of the litigation simulations taking place outside of regular class hours.