Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurance Company's Duty to Settle
Best Practices for Insurance Companies to Reduce Exposure; Options for Policyholders When Insurance Company Rejects Settlement Demand
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel with a review of the rights and obligations of the policyholder and the insurance company regarding settlement, the insurance company’s liability for verdicts in excess of policy limits, actions insurance companies can take to reduce exposure to bad faith claims, and options for policyholders if the insurance company rejects a settlement demand.
- Scope of an insurance company’s duty to defend and duty to settle
- Insurance Company’s risk of claims for bad faith litigation
- Policyholder remedies when the insurance company breaches its duty to settle
- Best practices for insurance companies to reduce exposure to bad faith litigation, including identifying the bad faith set up
- Options for policyholders when the insurance company does not want to settle
The panel will review these and other key issues:
- What is the scope of an insurance company’s duty to defend and duty to settle?
- What are the key factors for insurance companies when deciding whether to settle within the policy limits?
- What factors do courts typically consider in deciding whether a particular settlement demand is reasonable?
- What steps can insurance companies take to reduce exposure to bad faith litigation?
- What options are available to policyholders who disagree with the insurance company’s decision not to settle within the policy limits?
Johanna W. Clark
Carlton Fields Jorden Burt
Ms. Clark defends companies in both state and federal courts in class actions, insurance bad faith litigation,... | Read More
Ms. Clark defends companies in both state and federal courts in class actions, insurance bad faith litigation, insurance coverage disputes, malicious prosecution litigation, ERISA disability litigation, product liability litigation, general commercial litigation, and administrative housing discrimination claims. She has authored and presented on insurance bad faith claims.Close
Craig M. Hirsch
Mr. Hirsch has assisted institutional policyholders and individual insureds over the past decade to recover millions of... | Read More
Mr. Hirsch has assisted institutional policyholders and individual insureds over the past decade to recover millions of dollars of insurance proceeds under all marketed forms of business coverage. He has particular experience in the analysis of D&O policies and the litigation and resolution of D&O claims and other commercial lines disputes with insurance companies on behalf of financial institutions, private equity and hedge funds, and publicly traded corporations. Mr. Hirsch writes and speaks on methods to maximize insurance recoveries and how to avoid the pitfalls of standard D&O policy exclusions.Close
Robert M. Horkovich
Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in... | Read More
Mr. Horkovich focuses his practice on the area of insurance recovery. He has obtained over $5 billion in settlements and judgments from insurance companies for his clients over the past decade. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities.Close