Discovery in Bad Faith Insurance Claims

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. Recent decisions include one that expanded the scope of discovery, thereby indicating a substantial change in the law, while another limited what can be discovered.

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 on and effective strategies for discovery in bad faith insurance claims.

Marshall Gilinsky, Anderson Kill & Olick, New York, is an experienced commercial litigator, specializing in insurance coverage analysis, litigation and dispute resolution, with an emphasis on property insurance, commercial general liability insurance, D&O insurance, as well as captive insurance and reinsurance issues. He is also experienced in arbitration and alternative dispute resolution relating to tort, contractual and regulatory disputes.

William Krekstein, Partner, Nelson Levine deLuca & Horst, Blue Bell, PA, represents insurance companies in insurance coverage disputes and bad faith/extra contractual litigation. He also practices in the areas of construction defect litigation, class action litigation, and complex litigation.

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.

The panelists 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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