Depositions in Insurance Coverage and Bad Faith Litigation: 30(b)(6) and Fact Witnesses
Taking and Representing Fact Witness and Corporate Representative Depositions, Navigating Ethical Issues in Witness Preparation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide litigators for policyholders and insurers with best practices and practical approaches for questioning or preparing fact witnesses and corporate witnesses in coverage and bad faith litigation. The panel will outline their experiences and perspectives on how to leverage the testimony of corporate representatives on both sides of the docket, using Fed. R. Civ. P. 30(b)(6) as a framework. The panel will also discuss various ethical issues that arise when taking or responding to a deposition in coverage and bad faith litigation under the Model Rules of Professional Conduct.
- Scope of Rule 30(b)(6) depositions
- Drafting effective 30(b)(6) deposition notices
- Selecting and preparing the 30(b)(6) witness
- Scope of questions and testimony for 30(b)(6) witnesses
- Use of 30(b)(6) testimony at trial
- Ethical issues in planning deposition strategy
The panel will review these and other key issues:
- What are the policyholder’s options if the insurer designates someone other than the claims handler for a 30(b)(6) deposition?
- To what extent must or should counsel educate a witness in advance of a 30(b)(6) deposition?
- What are counsel’s obligations in preparing a witness under the Model Rules of Professional Conduct?
McCarter & English
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial... | Read More
Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial attorney, who has secured hundreds of millions of dollars in insurance for corporate policyholders. She litigates complex coverage matters throughout the country and abroad, and provides insurance coverage advice to clients assessing their potential risks, analyzing new insurance products, and considering the adequacy of their programs. She publishes and lectures frequently on insurance, trial skills and ethics matters.Close
Alan P. Jacobus
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.Close