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
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.
- Planning a strategy for fact witness depositions
- Considerations for policyholders
- Considerations for insurers
- Using 30(b)(6) notice vs. individual notice
- Entity representative depositions
- Purpose and 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
- Other fact witness depositions
- Identifying fact witnesses
- Taking the fact witness deposition
- Defending the fact witness deposition
The panel will review these and other high priority issues:
- If the insurer does not designate the claims handler for a 30(b)(6) deposition, what are the policyholder's options?
- If the policyholder designates someone other than a percipient witness to testify about critical facts, what are the insurer's options?
- To what extent should counsel educate a witness in advance of a 30(b)(6) deposition?
- What are counsel's obligations in preparing a witness?
Richard W. Boone, Jr.
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both... | Read More
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at the trial and appellate levels. Mr. Boone also has represented clients in a variety of federal, state and internal investigations.Close
Guy O. Kornblum
Guy O. Kornblum
Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500... | Read More
Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500 litigated matters to conclusion and has several million dollar plus cases to his credit. Mr. Kornblum’s practice focuses on representing plaintiffs, claimants, policyholders and victims of tortious and contractual wrongs in insurance bad faith, among other claims.Close
Bradley A. Levin
Levin Sitcoff Waneka
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad... | Read More
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes, representing corporate and individual policyholders alike. He argued the leading Colorado case concerning pre-judgment assignment agreements to the state supreme court. Mr. Levin lectures frequently on insurance law topics.Close