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

Description

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 or collateral estoppel 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. Likewise, Rule 30(b)(6) allows the insurer to depose the entity policyholder and entity third parties concerning matters critical to the coverage or bad faith dispute.

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. Likewise, Rule 30(b)(6) allows the insurer to gather information from entity policyholders and third parties for use in pre-trial practice and at trial. Careful preparation of the notice and for the deposition is critical.

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