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

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

Conducted on Tuesday, February 23, 2021

Recorded event now available

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Course Materials

This CLE course will prepare policyholder and insurance company litigators 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 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.



  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 high priority issues:

  • What are the policyholders' options if the insurer designates someone other than the claims handler for a 30(b)(6) deposition?
  • What are the insurer's options if the policyholder designates someone other than a percipient witness to testify concerning crucial matters relevant to the coverage or bad faith dispute?
  • 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

Alan P. Jacobus, Attorney at Law

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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