Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle
Best Practices for Insurers to Reduce Exposure; Options for Policyholders When Insurer 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 insurer regarding settlement, the insurer’s liability for verdicts in excess of policy limits, actions insurers can take to reduce exposure to bad faith claims, and options for policyholders if the insurer rejects a settlement demand.
- Scope of insurer’s duty to defend and duty to settle
- Insurer’s risk of claims for bad faith litigation
- Policyholder remedies when the insurer breaches its duty to settle
- Best practices for insurers to reduce exposure to bad faith litigation, including identifying the bad faith set up
- Options for policyholders when the insurer does not want to settle
The panel will review these and other key issues:
- What is the scope of an insurer’s duty to defend and duty to settle?
- What are the key factors for insurers 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 insurers take to reduce exposure to bad faith litigation?
- What options are available to policyholders who disagree with the insurer’s decision not to settle within the policy limits?
Brian D. McDonald
Mr. McDonald is an Insurance Recovery partner in Jones Day's San Francisco office. He has counseled... | Read More
Mr. McDonald is an Insurance Recovery partner in Jones Day's San Francisco office. He has counseled policyholder clients in numerous major coverage actions and has helped clients secure hundreds of millions of dollars in insurance recoveries for extraordinary losses. Brian also advises clients on the design, negotiation and purchase of insurance programs. He represents and counsels policyholders relating to a broad array of insurance lines, including cyberinsurance, directors and officers, commercial general liability, property and business interruption, errors and omissions, environmental and umbrella/excess insurance.Close
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
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