Depositions in Insurance Coverage and Bad Faith Litigation: 30(b)(6) and Fact Witnesses

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, February 22, 2018

Recorded event now available

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Program Materials

This CLE webinar will prepare litigators for policyholders and insurance companies to question fact witnesses and corporate witnesses in coverage and bad faith litigation. The panel will outline their experiences and perspectives on leveraging testimony by corporate representatives for both sides, using FRCP 30(b)(6) as a framework.


Taking and responding to depositions in insurance coverage and bad faith cases involves nuances unique to insurance law. Planning a deposition strategy requires in-depth knowledge of the policy and the underlying or ancillary matters. Testimony by fact witnesses, including the insurance adjuster and corporate representatives for both sides, can often determine the outcome.

Liability coverage disputes often include an underlying matter, triggering challenges in using fact witnesses and experts and preparing for depositions in cases where the doctrine of res judicata may apply.

Rule 30(b)(6) allows the policyholder to directly question the insurer’s corporate representatives about specific topics related to pending litigation. The insurer can designate the representative of their choice—and that person may or may not be the actual claims handler.

If a 30(b)(6) witness is not the claims handler, can the policyholder subpoena the claims handler to testify at trial? Policyholder counsel must plan 30(b)(6) testimony along with questioning the claims handler.

Listen as our panel of experienced insurance litigators explains how policyholders and insurers can effectively handle deponents in coverage litigation.



  1. Scope of Rule 30(b)(6) depositions
  2. Drafting effective 30(b)(6) deposition notices
  3. Selecting and preparing the 30(b)(6) witness
  4. Scope of questions and testimony for 30(b)(6) witnesses
  5. Use of 30(b)(6) testimony at trial


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?


Jacobus, Alan
Alan P. Jacobus

Selvin Wraith Halman

Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage...  |  Read More

Pastor, Sherilyn
Sherilyn Pastor

McCarter & English

Ms. Pastor is Practice Group Leader of her firm's Insurance Coverage Group. She is an experienced trial...  |  Read More

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