Combating the Bad Faith Set-Up In Insurance Litigation
Strategies to Minimize the Risk of Excess Judgments and Punitive Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss and explore the evolution of the proverbial bad-faith set-up in insurance litigation. While the fundamentals of insurance bad faith remain the same, recent developments have blurred the lines between proper claim handling and efforts to “set-up” insurance carriers for bad faith. The panel will discuss and detail both first-party and third-party claims across a myriad of policy lines, along with the tactics commonly associated with set-up allegations, and will analyze recent case law in different jurisdictions addressing this controversial issue with a particular focus on the anticipated impact of the American Law Institute’s Restatement of Law – Liability Insurance.
Outline
- The bad faith set-up demystified
- What is the “set-up”?
- The American Law Institute’s Restatement of Law – Liability Insurance and how that will fuel the “set-up”
- Common tactics and red flags
- Insurer best practices: Diagnosis and avoidance
- Claimant pitfalls: When attorney actions are challenged as a bad faith set-up attempt
- Other potential extra-contractual causes of action against insurers
Benefits
The panel will review these and other key issues:
- What are the common red flags that may indicate a bad faith set-up is in the works?
- How can insurers best avoid bad faith set-up attempts?
- What are the pitfalls for claimants whose actions are challenged as a bad faith set-up attempt?
- In what circumstances have insurers pursued the doctrine of bad faith set-up and how have the courts treated these arguments?
- Are there other causes of action impacted as well?
- Can insurer defenses be set-up too?
Faculty
Julie Buonocore
Atty
Ms. Buonocore concentrates her practice in defending insurance carriers and their insureds in a variety of... | Read More
Ms. Buonocore concentrates her practice in defending insurance carriers and their insureds in a variety of litigation matters. Prior to joining Rebar Bernstiel, Julie practiced at two well-established insurance defense firms. Julie is experienced in aggressively defending clients in a wide array of civil matters, including arbitration, mediation, depositions, motion practice, and settlement of claims. Julie was a former law clerk for the U.S. Attorney, District of Delaware, and clerked for the Honorable Franklin Van Antwerpen of the Third Circuit.
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C. Scott Rybny
Partner
Rebar Bernstiel
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation... | Read More
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation activities, special investigations, declaratory relief actions, and lawsuits alleging bad faith. His experience encompasses CGL, farm, condominium, fiduciary liability, property, business interruption, commercial crimes and credit risk insurance. Over the years, Mr. Rybny has been asked to speak on a variety of emerging insurance issues. Scott has presented at PAMIC, IASIU, PACIA, NBI, PDI and PLRB.
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