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
This CLE course will discuss deposition strategies for 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.
Outline
- Policyholder strategies
- The scope of testimony/knowledge
- Documents to review before deposition
- Presence of a bad faith claim
- Claims file
- How the claim was investigated
- Claims-handling manuals and procedures
- Insurer strategies
- Determine the relevance of the claims handler testimony (bad faith vs. policy interpretation)
- Knowledge of the claims file
- Knowledge of manuals and procedures
- Presenting the claims rep in a light most favorable to the case
- Protections against disclosure and the role of outside coverage counsel
- Attorney-client privilege
- Work product doctrine
Benefits
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
Faculty
Troy Beecher
Partner
Goldberg Segalla
Mr. Beecher, a leader of the Global Insurance team in Florida, has devoted his career to representing insurers and... | Read More
Mr. Beecher, a leader of the Global Insurance team in Florida, has devoted his career to representing insurers and policyholders in the investigation and litigation of complex insurance matters in nearly 40 Florida counties. In his coverage practice, he provides insurers valuable consultation regarding their duties to defend and indemnify policyholders in various claims including construction defects, homeowner and condominium association liability, commercial automobile liability, commercial property damage disputes, wrongful death, and premises liability. Mr. Beecher also represents insurer interests in litigation as needed. His years of experience representing policyholders directly in liability claims—including mediations, evidentiary hearings, and trial—provide him with the necessary perspective to provide informed evaluations benefitting insurers and insureds alike during the rise of construction-related Florida claims.
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Susan P. White
Special Counsel
Buchalter
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.
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