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
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.
- Duty of good faith
- First-party claims
- Third-party claims
- Delay in payment
- Bad faith without coverage
- Investigation of liability and coverage
- Issues relating to when the insurer disclaims coverage
- Practical tips for investigations when the insurer will be denying or rejecting coverage
- Matters relating to when the insurer reserves rights
- Investigating policy terms and coverage rulings
- Issues relating to any investigation when an insurer is determining whether it has a duty to defend
- Practical tips for any investigation in connection with deciding an obligation to defend
- Specific issues relating to the investigation of claims
- Possible impacts of an inadequate or inappropriate investigation
- Strategies for policyholders and insurers
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?
Paul R. Koepff
Clyde & Co US
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and... | Read More
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."Close
Kasowitz Benson Torres
Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts... | Read More
Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts throughout the U.S. on behalf of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. He litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. Mr. Oshinsky also advises clients about how to maximize their insurance assets, and he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes.Close