Demystifying the "Bad Faith Set-Up" in Insurance Litigation
Navigating the Space Between Aggressive Advocacy and Allegations of the So-Called Set-Up
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss and explore the mechanics of what’s been called the bad faith “set-up” in insurance litigation. Both first-party and third-party claim scenarios will be discussed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will also analyze recent case law in different jurisdictions addressing this controversial issue.
- The bad faith set-up demystified
- Is there really such a thing as a “set-up”? Does the concept of a set-up even exist?
- Recent case law
- Common tactics and red flags
- Insurer best practices: diagnosis and avoidance
- Claimant pitfalls: when attorney actions are challenged as a bad faith set-up attempt
- Alert! The new frontier: other potential extra-contractual causes of action against insurers
The panel will review these and other key issues:
- What are the common “red flags” that may indicate a bad faith set-up is in the works?
- How can insurers best avoid bad faith set-up attempts?
- What are the pitfalls for claimants whose actions are challenged as a bad faith set-up attempt?
- In what circumstances have insurers pursued the doctrine of bad faith set-up and how have these arguments been treated by the courts?
- Are there other causes of action that can be implicated as well?
- Can insurer defenses be set up too?
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with... | Read More
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, D&O, fidelity and crime-loss policies, Internet and high-tech liability insurance issues. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice in which he develops computerized insurance allocation models for long-tail claims and other complex insurance models.Close
Paul R. Koepff
Clyde & Co US
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and... | Read More
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."Close