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
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.
- Plaintiff perspective
- Identifying conduct giving rise to bad faith claim
- Identifying sources of documents, information and testimony
- Defense perspective
- Limiting scope of plaintiff’s discovery
- Identifying documents and testimony to refute claims
- Other relevant issues
- Attorney-client privilege
- Work product
- Punitive damages
- 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
King Krebs & Jurgens
Ms. Dinneen concentrates her practice on the representation of insurers in bad faith litigation, catastrophe/mass tort... | Read More
Ms. Dinneen concentrates her practice on the representation of insurers in bad faith litigation, catastrophe/mass tort defense, insurance fraud, and insurance coverage matters. She also has experience defending Jones Act and LHWCA claims. Ms. Dinneen is a frequent speaker on bad faith insurance topics.Close
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive... | Read More
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. His insurance coverage practice is focused on property insurance, commercial general liability insurance, directors' and officers' (D&O) insurance, captive insurance and reinsurance issues.Close
Alan P. Jacobus
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.Close