Demystifying the "Bad Faith Set-Up" in Insurance Litigation

Navigating the Space Between Aggressive Advocacy and Allegations of the So-Called Set-Up

A live 90-minute CLE webinar with interactive Q&A


Thursday, March 1, 2018 (in 7 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926
Program Materials

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.

Description

Insurer counsel must be able to identify and avoid bad faith set-up situations. Counsel for claimants and policyholders meanwhile must be cognizant of the relevant case law, insurer tactics in response, plus recent cases that simply reject the concept of the set-up at all.

Listen as our authoritative panel of insurance practitioners discusses this important and evolving topic and the high stakes litigation that often ensues, analyzing recent case law in different states. Our panel will explain the tactics used in, methods of, and red flags indicating, so-called “bad faith set-up” through first-party and third-party scenarios.

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Outline

  1. The bad faith set-up demystified
    1. Is there really such a thing as a “set-up”? Does the concept of a set-up even exist?
    2. Recent case law
    3. Common tactics and red flags
  2. Insurer best practices: diagnosis and avoidance
  3. Claimant pitfalls: when attorney actions are challenged as a bad faith set-up attempt
  4. Alert! The new frontier: other potential extra-contractual causes of action against insurers

Benefits

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?

Faculty

Garbowski, Mark
Mark Garbowski

Shareholder
Anderson Kill

Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with...  |  Read More

Koepff, Paul
Paul R. Koepff

Partner
Clyde & Co US

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and...  |  Read More

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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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