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
The teleconference/course 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.
Outline
- What constitutes bad faith
- First-party claims
- Third-party claims
- Burden of proof
- Statutes
- Coverage investigation
- Insurer’s obligations
- Policyholder’s obligations
- Does the use of counsel protect investigative materials
- Proving a bad faith claim
- Pre-suit investigation
- Useful discovery
- Use of expert witnesses
- Depositions: useful tips
- Summary judgment
- Defending bad faith claims
- Defending with motions
- Defenses
- Recoverable damages
- Compensatory
- 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
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
She is a member of the Class Actions, Mass Torts, and Aggregated Litigation Practice. She represents clients in complex business litigation matters, and recently litigated a major bad faith case. She also litigates actions involving insurance coverage and product liability claims, as well as unfair competition, fraud, copyright, real estate, and contract disputes.
CloseJerold Oshinsky
Partner
Gilbert & Oshinsky
He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling... | Read More
He focuses on insurance coverage litigation on behalf of policyholders in federal and state courts and on counseling clients nationwide on insurance coverage and related matters. He handles insurance matters, including advertising liabilities, broker’s liability, business interruption, construction defects, directors and officers, employment issues, and environmental liability.
CloseJoanne L. Zimolzak
Partner
McKenna Long & Aldridge
She handles complex business litigation, representing insurance companies in coverage and bad faith disputes. She also... | Read More
She handles complex business litigation, representing insurance companies in coverage and bad faith disputes. She also provides counseling in these areas. Her experience also extends to assisting companies with internal investigations and fraud reporting.
CloseRobert 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
He 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.
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