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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, February 26, 2020

Recorded event now available

or call 1-800-926-7926

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.


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.



  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


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?


Garbowski, Mark
Mark Garbowski

Anderson Kill

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

Bertschi, Scott
Scott F. Bertschi

Clyde & Co US

Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He...  |  Read More

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