Bad Faith in the Investigation of Insurance Claims

Strategies for Pursuing and Defending Allegations of Insurer Misconduct

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


Conducted on Thursday, July 29, 2010

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to policyholders, insurers and their counsel to address the myriad of issues facing parties bringing or defending claims of bad faith based on claims investigations conduct.

Description

Over the past few years, policyholders have filed bad faith claims against insurers at an increasing rate. These claims, when proven, lead to significant damages awards against insurers. However, many courts view bad faith claims with skepticism.

Bad faith claims arising out of claims investigations raise uniquely complex issues that policyholders, insurers and their counsel must address, including when to renew or update an investigation, the implications of that decision, and the effects of an investigation on coverage determination.

How can an insurer position itself to gain a favorable outcome and minimize any damages paid? What are the best strategies for policyholders to develop support for bad faith allegations and obtain coverage and compensation from the insurer?

Listen as our authoritative panel of insurance counsel 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 in investigations.

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Outline

  1. Coverage investigation
    1. Insurer’s obligations
    2. Policyholder’s obligations
    3. Does the use of counsel protect investigative materials
  2. Investigation in connection with handling the claims and making coverage decisions
    1. Timing of investigation upon receive of notice of occurrence or claim
    2. Scope of investigation and relationship to coverage issues
    3. Need for supplemental or additional investigation if subsequent notices are submitted, including by an additional insured
    4. Key issues to consider in any investigation
    5. Whether, how and when to investigate when there is underlying litigation pending
    6. Whether and how to investigate or renew an investigation after coverage litigation has commenced
    7. Use of adjusters for third party
  3. Possible effects of an inadequate or inappropriate investigation
    1. Possible effect on coverage determination
    2. Potential bad faith liability
    3. Use of counsel in an investigation and possible waiver of privilege
    4. Discovery
  4. Strategies for policyholders and insurers

Benefits

The panel will review these and other key questions:

  • What are the insurers' and the policyholders' obligations in a coverage investigation?
  • Should an insurer commence an investigation after coverage litigation is filed — and what are the implications of investigating or not?
  • 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

Paul R. Koepff
Paul R. Koepff

Partner
O'Melveny & Myers

He chairs the firm's Insurance and Reinsurance Practice. He handles insurance coverage and reinsurance disputes,...  |  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

Jerold Oshinsky
Jerold Oshinsky

Partner
Jenner & Block

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

John D. Cole
John D. Cole

Partner
Wiley Rein

He has more than 20 years experience as a senior insurance industry executive, serving as both chief claims officer and...  |  Read More

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