Bad Faith Insurance Litigation: Scope of Extra-Contractual Damages
Advocating For or Defending Against Consequential and Punitive Damages in First- and Third-Party Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the scope of extra-contractual damages in first- and third-party insurance bad faith litigation, approaches taken by different courts and jurisdictions, and arguments for insureds to maximize and insurers to minimize damage awards. The program will focus heavily on recovery of punitive and emotional distress damages.
- First-party bad faith claims
- Interest and attorney fees
- Loss of earnings
- Recovery of emotional distress damages
- Recovery of punitive damages
- Third-party bad faith claims
- Assignability of bad faith claim to third-party plaintiff
- Insured’s recovery of emotional distress damages
- Insured’s recovery of punitive damages as consequential damages
- Insured’s recovery of other consequential damages
The panel will review these and other key issues:
- How do the courts approach the recovery of emotional distress damages in first-party bad faith claims?
- What factors do courts consider when determining the availability and amount of punitive damages?
- What rationales do courts employ to deny the inclusion of punitive damages in the insured’s consequential damage award in third-party bad faith claims?
Erin E. Bradham
Steptoe & Johnson
Ms. Bradham focuses her practice on commercial litigation, with an emphasis on defending major insurance... | Read More
Ms. Bradham focuses her practice on commercial litigation, with an emphasis on defending major insurance companies. She represents insurance companies in matters involving complex coverage and claim-handling decisions including fraud-related allegations, allegations of bad faith and breach of contract, and punitive damages claims. Ms. Bradham regularly advises insurance carriers in matters involving auto, homeowners, commercial, disability and medical malpractice coverages.Close
Susan Page White
Manatt Phelps & Phillips
Ms. White conducts an active litigation practice, representing clients in complex insurance coverage matters, including... | Read More
Ms. White conducts an active litigation practice, representing clients in complex insurance coverage matters, including bad faith and other commercial and contract litigation matters. Her clients span a range of industries, including healthcare, pharmaceutical, manufacturing, telecommunications, software and Internet technology, entertainment, aerospace, and financial services. She also provides advice to senior management and executives on how to mitigate risks and maximize insurance protections and recoveries with respect to policy procurement, negotiations, reviews, and renewals.Close