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 course 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 reviewed 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.
Outline
- 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
Benefits
The panel will review these and other key issues:
- What are the typical "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?
- When have insurers pursued the doctrine of bad faith set-up, and how have courts treated these arguments?
- What are other potential causes of action?
- Can insurer defenses be set up too?
Faculty
Mark Garbowski
Shareholder
Anderson Kill
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.
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Scott F. Bertschi
Partner
Clyde & Co US
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He... | Read More
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.
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