Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims

Navigating Scope of Discovery, Document Production, and Joint Client Exception to and Implied Waivers of Privilege

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

Conducted on Tuesday, August 30, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide insurance counsel with a review of the complex rules of discovery for bad faith claims, discuss unique discovery issues that arise in bad faith claims, and offer best practices for both policyholders and insurers to obtain or defend discovery to support their respective positions.


In many bad faith suits, discovery can mean the difference between winning and losing the case. Plaintiff’s counsel must identify conduct giving rise to a bad faith claim and obtain all sources of documentation and testimony supporting that claim. Defense counsel must limit the scope of the plaintiff’s discovery and effectively manage document production.

Expert witnesses may be a viable option for a plaintiff to prove bad faith claims, and defense counsel must be prepared to challenge the plaintiff’s witness testimony. Both sides must be prepared to address discoverability of information needed to support or defend punitive damages claims.

Bad faith claims may include battles over whether the work-product doctrine protects certain materials. Unique attorney-client privilege issues also arise, such as the joint client exception to the privilege and implied waivers of the privilege.

Listen as our panel of authoritative practitioners provides their perspectives on the evolving state of the law and effective strategies for obtaining or defending discovery in bad faith insurance claims. The panel will discuss particular lessons learned from Hurricane Katrina litigation, among others.



  1. Plaintiff perspective
    1. Identifying conduct giving rise to bad faith claim
    2. Identifying sources of documents, information and testimony
  2. Defense perspective
    1. Limiting scope of plaintiff’s discovery
    2. Identifying documents and testimony to refute claims
  3. Other relevant issues
    1. Attorney-client privilege
    2. Work product
    3. Punitive damages
    4. Expert witnesses


The panel will review these and other key issues:

  • What is the scope of evidence that is discoverable and how can you limit or best manage discovery?
  • What role does the attorney-client privilege play in shielding disclosures?
  • Can the plaintiff use expert witnesses to prove the claim?
  • What are the limitations on an expert’s testimony?
  • What cost issues must be considered—and can cost-shifting be implemented?


Susan E. Dinneen
Susan E. Dinneen

King Krebs & Jurgens

Ms. Dinneen concentrates her practice on the representation of insurers in bad faith litigation, catastrophe/mass tort...  |  Read More

Gilinsky, Marshall
Marshall Gilinsky

Anderson Kill

Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive...  |  Read More

Alan P. Jacobus
Alan P. Jacobus

APJ Legal

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

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