Discovery in Bad Faith Insurance Claims

State of the Law, Successful Strategies

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

Conducted on Wednesday, October 10, 2007

Course Materials


Many bad faith insurance suits are won or lost during discovery. Bad faith claims, often triggered by a coverage denial or investigation or processing delay, may include a battle over whether the work product doctrine provides protection for certain materials.

Courts' decisions have changed how discovery is implemented in some jurisdictions. Recent decisions include one that expanded the scope of discovery, while others limit what can be discovered.

Listen as our authoritative panelists provide perspective on the evolving state of the law and on effective strategies for discovery in bad faith insurance claims.



The panel will review these and other key questions:

  • What is the scope of evidence that is discoverable and how can you limit or best manage discovery?
  • How effective is the attorney-client privilege in shielding disclosures?
  • How does the work-product doctrine impact discovery in bad faith insurance claims?
  • What cost issues must be considered – and can cost-shifting be implemented?


Michael Conley
Michael Conley
Anderson Kill & Olick

He co-manages the firm's Philadelphia office and is a senior shareholder in the Insurance Recovery Department. He...  |  Read More

Robert M. Fineman
Robert M. Fineman

Duane Morris

He practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation...  |  Read More

Roberta J. Benson
Roberta J. Benson
Akin Gump Strauss Hauer & Feld

Her practice focuses on commercial litigation with an emphasis on first-party insurance disputes. She handles bad faith...  |  Read More