CD of a Teleconference with Q&A Session
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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.
Troy B. Froderman, Partner, Bryan Cave, Phoenix, leads the firm’s insurance recovery practice, with an emphasis on assisting the clients in seeking and obtaining coverage for environmental and commercial claims throughout the country. His jury trial experience includes lawsuits for Insurance recovery, commercial fraud, toxic tort injuries, and environmental cost recovery.
Robert M. Horkovich, Shareholder, Anderson Kill & Olick, New York, 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.
Marshall Gilinsky, Shareholder, 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.
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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TELECONFERENCE CD
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Class Action Law Monitor. Securities Class Action Reporter. Health Law Week. Hospital Litigation Reporter. Digest of Environmental Law.