Bad Faith in Insurance Claims

Strategies for Prosecuting and Defending Against Claims of Insurer Misconduct

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, July 15, 2009

Recorded event now available

or call 1-800-926-7926
Program Materials

The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.

This seminar will examine the types of conduct that may support a bad faith in insurance claims, the insured's and insurer's obligations in a coverage investigation, the necessary elements to prove or defend a bad faith claim, and damages that are recoverable in a bad faith suit.

Description

Over the past few years, policyholders have been filing bad faith claims against insurers at an increasing rate. These claims, if proven, can lead to significant damages awards against insurers. However, many courts view insured's bad faith claims with skepticism.

What options are available to an insurer to position itself for a favorable outcome or to minimize any damages assessed? On the policyholder's side, what are the best strategies to support bad faith allegations to obtain insurance coverage and recover compensation from an insurer?

Listen as our panel of insurance law specialists examines bad faith claims from the perspective of both the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations of bad faith by the insurer.

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Outline

  1. What constitutes bad faith
    1. First-party claims
    2. Third-party claims
    3. Burden of proof
    4. Statutes
  2. Coverage investigation
    1. Insurer’s obligations
    2. Policyholder’s obligations
    3. Does the use of counsel protect investigative materials
  3. Proving a bad faith claim
    1. Pre-suit investigation
    2. Useful discovery
    3. Use of expert witnesses
    4. Depositions: useful tips
    5. Summary judgment
  4. Defending bad faith claims
    1. Defending with motions
    2. Defenses
  5. Recoverable damages
    1. Compensatory
    2. Punitives

Benefits

The panel will review these and other key questions:

  • What are the prima facie elements to support a claim of bad faith denial of insurance coverage?
  • What are the insurers' and the policyholders' obligations in a coverage investigation?
  • What are some effective methods for a policyholder to prove that an insurer acted in bad faith — and what are the insurers' best defenses to such claims?

Faculty

Amy Laurendeau
Amy Laurendeau

Partner
O'Melveny & Myers

She is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice. She represents clients in complex...  |  Read More

Jerold Oshinsky
Jerold Oshinsky

Partner
Gilbert & Oshinsky

He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling...  |  Read More

Joanne L. Zimolzak
Joanne L. Zimolzak

Partner
McKenna Long & Aldridge

She handles complex business litigation, representing insurance companies in coverage and bad faith disputes. She also...  |  Read More

Robert M. Horkovich
Robert M. Horkovich

Shareholder
Anderson Kill & Olick

He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate...  |  Read More

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