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

Deposition Strategies From Perspectives of Both Insurers and Policyholders

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

Conducted on Tuesday, March 16, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss deposition strategies for both insurers and policyholders to defend or take the claims handler or representative's deposition. The program will also review communications between the claims handler and insurance counsel and communications that may come under the attorney-client privilege or work-product doctrine.


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

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

From the insurer's perspective, the claims representative's deposition performance 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 are critical.

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



  1. Policyholder strategies
    1. The 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 the 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 a 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


The panel will review these and other key issues:

  • The 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


Saltzman, Michael
Michael S. Saltzman

Goldberg Segalla

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

White, Susan
Susan P. White

Special Counsel

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

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