Bad Faith in the Investigation of Insurance Claims: Pursuing and Defending Allegations of Insurer Misconduct

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

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Conducted on Wednesday, June 24, 2020

Recorded event now available

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Course Materials

This CLE course will guide counsel to policyholders and insurers in addressing the complex issues for parties who either bring or defend against allegations of bad faith by insurers in claims investigations.

Description

Over the past few years, the number of policyholders filing suits asserting bad faith by insurers has increased. Such allegations, if proven, can lead to significant damages awards against insurers. Court decisions are not uniform on whether to accept or reject bad faith claims.

Bad faith assertions in insurance claim investigations raise complex issues for policyholders and insurers, including deciding when to renew or update an investigation, the implications of that decision, and the impact of an investigation on coverage determination.

What are the best practices for counsel to the insurer to gain a favorable outcome or mitigate damages? What are the critical strategies for counsel to policyholders to support bad faith allegations and obtain coverage and compensation from the insurer?

Listen as our panel of authoritative leaders in this field examine opposing points of view on bad faith claims from the perspective of the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations against the insurer in claim investigations.

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Outline

  1. Duty of good faith
  2. First-party claims
  3. Third-party claims
  4. Delay in payment
  5. Bad faith without coverage
  6. Investigation of liability and coverage
  7. Issues relating to when the insurer disclaims coverage
  8. Practical tips for investigations when the insurer will be denying or rejecting coverage
  9. Matters relating to when the insurer reserves rights
  10. Investigating policy terms and coverage rulings
  11. Issues relating to any investigation when an insurer is determining whether it has a duty to defend
  12. Practical tips for any investigation in connection with deciding an obligation to defend
  13. Specific issues relating to the investigation of claims
  14. Possible impacts of an inadequate or inappropriate investigation
  15. Strategies for policyholders and insurers

Benefits

The panel will review these and other vital questions:

  • What are the insurers' and the policyholders' obligations in a coverage investigation?
  • What are the implications of investigating or failing to investigate after a coverage suit is filed?
  • What are some practical methods for a policyholder to prove that an insurer acted in bad faith--and what are the insurer's best defenses to such claims?

Faculty

Koepff, Paul
Paul R. Koepff
Partner
Clyde & Co US

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and...  |  Read More

Oshinsky, Jerold
Jerold Oshinsky
Partner
Kasowitz Benson Torres

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts...  |  Read More

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