Coverage and Bad Faith Litigation: Depositions of Insurance Claims Handlers or Representatives

Deposition Strategies From Perspectives of Both Insurers and Policyholders

An encore presentation featuring live Q&A

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


Conducted on Thursday, June 7, 2018

Recorded event now available

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Program Materials

This CLE webinar will discuss deposition strategies for both insurers and policyholders in defending or taking the deposition of the claims handler or representative. The program will also review communications between the claims handler and insurance counsel, and communications that may come under the attorney-client privilege and/or work product doctrine.

Description

A claims handler’s deposition is often pivotal evidence in an insurance coverage dispute, mainly where there are allegations of bad faith. The claims handler may be both a fact witness as well as the insurer’s corporate representative.

From the policyholder’s perspective, the claims representative knows how the claim was investigated and adjusted, as well as the insurer’s basis for any reservation of rights. The claims representative will also know the specific documents and information relied on to determine the extent of coverage and value of the loss.

From the insurer’s perspective, the performance of the claims representative in the deposition may significantly affect the case, particularly in bad faith cases. The claims representative’s credibility, knowledge of the claims file, and understanding of manuals and procedures is critical.

Listen as our authoritative panel of insurance practitioners guides you through strategies for taking or defending depositions of claims handlers or representatives. The presenters will also discuss privileged communications between the claims handler and insurance counsel.

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Outline

  1. Policyholder strategies
    1. Scope of testimony/knowledge
    2. Documents to review before deposition
    3. Presence of a bad faith claim
    4. Claims file
    5. How the claim was investigated
    6. Claims-handling manuals and procedures
  2. Insurer strategies
    1. Determine relevance of claims handler’s testimony (bad faith vs. policy interpretation)
    2. Knowledge of the claims file
    3. Knowledge of manuals and procedures
    4. Presenting the claims rep in light most favorable to the case
  3. Protections against disclosure and the role of outside coverage counsel
    1. Attorney-client privilege
    2. Work product doctrine

Benefits

The panel will review these and other key issues:

  • Scope of claims representative’s testimony in coverage vs. bad faith claims
  • Keys to insurer’s determination of the relevancy of claims handler’s testimony
  • Documents for policyholder’s counsel to review before deposition
  • How insurer’s counsel can present the claims representative in a light most favorable to the case
  • Evidentiary protections arguably applicable to the claim file

This is an encore presentation with live Q&A.

Faculty

Saltzman, Michael
Michael S. Saltzman

Partner
Goldberg Segalla

Mr. Saltzman concentrates his practice in insurance coverage and defense, commercial litigation, construction,...  |  Read More

White, Susan
Susan Page White

Partner
Manatt Phelps & Phillips

Ms. White conducts an active litigation practice, representing clients in complex insurance coverage matters, including...  |  Read More

Other Formats
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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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