Discovery in Bad Faith Insurance Claims

CD of Live 90-Minute Telephone Conference with an Interactive Q&A Session Conducted on December 20, 2005 Now available on CD

Many insurance bad faith cases are won or lost during discovery. Bad faith claims, often triggered by denial of coverage or delay in investigation or processing, may include a battle over whether the work product doctrine provides protection for certain materials.

Recent decisions have changed how discovery is implemented in some jurisdictions. One court decision expanded the scope of discovery, thereby indicating a substantial change in the law while another limits what can be discovered.

What will be the fallout from those decisions? Will the impact be felt nationwide? How much protection from disclosure can an insurer get in federal court? in state court? How can an insurer shift the cost of discovery to the party seeking production?

Listen as our authoritative panelists provide perspective on the evolving state of the law and effective strategies regarding discovery in bad faith insurance claims.

Gail E. Cohen, Partner, Barger & Wolen, Los Angeles, specializes in representing the insurance and financial services industry in a wide range of litigation. She has extensive experience handling punitive damages, high exposure and class action cases in litigation, NASD arbitrations and reinsurance arbitrations.

Michael Conley, Shareholder, Anderson Kill & Olick, Philadelphia, head of the office's Business Group, counsels companies on a range of business matters, including contract drafting and negotiations for U.S. clients for U.S. and international work. He handles a wide variety of coverage actions for insureds relating to bad faith claims, defense obligations, and exclusions.

Catherine L. Rivard, Michelman & Robinson, Los Angeles, practices business litigation with an emphasis on complex insurance coverage litigation and appeals. She has represented clients nationwide in disputes involving a variety of insurance products for a diverse range of losses.

The panelists will address such key questions as:

• What is the scope of evidence that is discoverable and how can you limit or best manage discovery?
• How effective is the attorney-client privilege in shielding disclosures?
• How does the work-product doctrine impact discovery in bad faith insurance claims?
• What cost issues must be considered – and can cost-shifting be implemented?

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