Bad Faith Litigation: Proving Emotional Distress and Other Damages
Theories of Recovery, Evidence, Experts, Defenses, and Valuation
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the types of damages available in bad faith insurance litigation, with emphasis on emotional distress and other types of pain and suffering damages, which are more complex and difficult to prove. The panel will also address how defendants often defend requests for these types of damages.
Outline
- Contractual damages
- Statutory damages
- Types of emotional distress damages
- When and how to assert emotional distress damages
- Standard for recovery of emotional distress in statutory bad faith actions
- Proving emotional distress
- Establishing a value for emotional distress damages
- Punitive damages for egregious insurer conduct
Benefits
The panel will review these and other important issues:
- What are the differences in discovery between a bad faith action and the underlying insurance claim action?
- What experts are needed to prove emotional distress damages?
- Does emotional distress have to be directly related to or caused by an economic loss?
Faculty
Ian D. Baldwin
Partner
Wood Smith Henning & Berman
Mr. Baldwin is a partner in WSHB's Portland office, handling a variety of complex civil litigation matters, with a... | Read More
Mr. Baldwin is a partner in WSHB's Portland office, handling a variety of complex civil litigation matters, with a particular emphasis on real estate, construction, and property disputes. His areas of expertise also include professional liability, transportation, and personal injury. Mr. Baldwin currently serves as Chair of the Oregon Association of Defense Counsel's Construction Practice Group.
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William Foster
Attorney
Pillsbury & Coleman
Mr. Foster represents clients in insurance coverage and bad faith matters. A Sacramento native, he attended the UC... | Read More
Mr. Foster represents clients in insurance coverage and bad faith matters. A Sacramento native, he attended the UC Davis School of Law on a Dean’s Merit Scholarship, where he graduated first in his class and was elected to The Order of The Barristers. Mr. Foster spent his last semester of law school working full-time as an extern for the Honorable Susan Y. Illston of the Northern District of California. Prior to joining Pillsbury & Coleman, he served as a law clerk for the Honorable Charles R. Breyer of the Northern District of California.
CloseEarly Discount (through 09/12/25)
Cannot Attend September 30?
Early Discount (through 09/12/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.
