Discovery in Bad Faith Insurance Claims

CD of a Live 90-Minute Telephone Conference with an Interactive Q&A Session Conducted on Wednesday, March 29, 2006

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

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

What has been the fallout from those decisions? Has the impact been felt nationwide? How much protection from disclosure can an insurer get in federal court or in state court? Are there ways an insurer shifts 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.

Neal R. Brendel, Partner, Kirkpatrick & Lockhart Nicholson Graham, Pittsburgh, has extensive experience representing policyholders in insurance coverage disputes. He also specializes in litigation involving business torts, toxic torts, product liability cases, and intellectual property disputes.

David Gabianelli, Partner, Duane Morris, San Francisco, practices in the areas of business litigation and complex insurance coverage law. He has litigated complex insurance disputes for nearly a decade, including matters involving coverage of environmental contamination, advertising injury, professional liability and asbestos actions.

Sandra I. Weishart, Partner, Barger & Wolen, Los Angeles, specializes in business litigation, with experience in all aspects of civil litigation. A major focus of her practice involves life and disability insurance matters, including bad faith actions.

They 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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TELECONFERENCE CD
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