Bad Faith in Insurance Claims
Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, July 15, 2009
Recorded event now available
The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.
This seminar will examine the types of conduct that may support a bad faith in insurance claims, the insured's and insurer's obligations in a coverage investigation, the necessary elements to prove or defend a bad faith claim, and damages that are recoverable in a bad faith suit.
Description
Over the past few years, policyholders have been filing bad faith claims against insurers at an increasing rate. These claims, if proven, can lead to significant damages awards against insurers. However, many courts view insured's bad faith claims with skepticism.
What options are available to an insurer to position itself for a favorable outcome or to minimize any damages assessed? On the policyholder's side, what are the best strategies to support bad faith allegations to obtain insurance coverage and recover compensation from an insurer?
Listen as our panel of insurance law specialists examines bad faith claims from the perspective of both the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations of bad faith by the insurer.
Outline
- What constitutes bad faith
- First-party claims
- Third-party claims
- Burden of proof
- Statutes
- Coverage investigation
- Insurer’s obligations
- Policyholder’s obligations
- Does the use of counsel protect investigative materials
- Proving a bad faith claim
- Pre-suit investigation
- Useful discovery
- Use of expert witnesses
- Depositions: useful tips
- Summary judgment
- Defending bad faith claims
- Defending with motions
- Defenses
- Recoverable damages
- Compensatory
- Punitives
Benefits
The panel will review these and other key questions:
- What are the prima facie elements to support a claim of bad faith denial of insurance coverage?
- What are the insurers' and the policyholders' obligations in a coverage investigation?
- What are some effective methods for a policyholder to prove that an insurer acted in bad faith — and what are the insurers' best defenses to such claims?
Faculty
Amy Laurendeau,
Partner
O'Melveny & Myers, Newport Beach, Calif.
She is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice. She represents clients in complex business litigation matters, and recently litigated a major bad faith case. She also litigates actions involving insurance coverage and product liability claims, as well as unfair competition, fraud, copyright, real estate, and contract disputes.
Jerold Oshinsky,
Partner
Gilbert & Oshinsky, Los Angeles
He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling clients nationwide on insurance coverage and related matters. He handles insurance matters, including advertising liabilities, broker’s liability, business interruption, construction defects, directors and officers, employment issues, and environmental liability.
Joanne L. Zimolzak,
Partner
McKenna Long & Aldridge, Washington, D.C.
She handles complex business litigation, representing insurance companies in coverage and bad faith disputes. She also provides counseling in these areas. Her experience also extends to assisting companies with internal investigations and fraud reporting.
Robert M. Horkovich,
Shareholder
Anderson Kill & Olick, New York
He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders. He is “the ‘go-to person’ in the area of insurance recovery” according to the Chambers USA 2005 Client’s Guide. He has obtained over $2 billion in settlements and judgments from insurance companies for his clients over the past decade.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Audio + Slide Presentation) $297.00
Available three business days after the live event
Webinar on DVD (audio + slide presentation) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio Only) $297.00
Available 24 hours after the live event
Teleconference on CD (audio only) $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.
Lisa Taylor Hudson
Sands Anderson Marks & Miller
The speaker's practical discussions were particularly helpful.
Kenneth J. Clarkson
Sullivan, Ward, Asher & Patton
Convenient and well-organized. Well-run program.
Michael V. Kruljac
IMERYS
Content was superb.
Patrick Webb
Webb & Carey
Insurance Law Advisory Board
Partner
Farella Braun + Martel
Partner
Nelson Levine deLuca & Horst
Counsel
Reed Smith
Partner
Chamberlin, Keaster & Brockman
Counsel
Carter Ledyard & Milburn
Partner
Clyde & Co.
Partner
Barger & Wolen
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