Individual Liability in Bad Faith Actions: Theories of Recovery, Defenses, Current Case Law
Recording of a 90-minute CLE webinar with Q&A
This CLE course will explore the pursuit and defense of causes of action against individual adjusters and insurance company personnel for bad faith. Addressing these claims varies broadly across the jurisdictional spectrum, and our panel will provide guidance on the viability of claims, strategies for defending and recovering, and the current state of case law.
- Elements of insurance bad faith
- Corporate liability requirements
- Individual liability requirements
- Moun Keodalah, et al. v. Allstate Ins. Co., (Wash. Ct. App. Mar. 26, 2018)
- Summary of findings
- Impact on other jurisdictions
- Case law from other jurisdictions
- Considerations for insurers
- Considerations for policyholders
The panel will review these and other critical issues:
- How have courts in the “big 4” jurisdictions handled claims of individual liability in bad faith cases?
- Is an applicable statutory regime necessary for a claimant to secure recovery?
- What if any distinguishing factors exist between first-party and third-party policies that would impact individual bad faith liability?
McKean J. Evans
Pivotal Law Group
Mr. Evans practices in civil litigation, representing individuals and small businesses in lawsuits vindicating their... | Read More
Mr. Evans practices in civil litigation, representing individuals and small businesses in lawsuits vindicating their legal rights. He has experience litigating complex cases regarding insurance, employee benefits and ERISA, and employment matters. Mr. Evans has represented policyholders regarding diverse types of insurance, including homeowners, disability, life, long-term care, and auto. He has repeatedly obtained successful results for policyholders whose insurers have failed to live up to their policy obligations.Close
Daniel L. Petrilli
Mr. Petrilli focuses his practice on the insurance industry, along with complex commercial litigation. He regularly... | Read More
Mr. Petrilli focuses his practice on the insurance industry, along with complex commercial litigation. He regularly represents insurance carriers with respect to the defense of extracontractual cases and coverage disputes. He has particular interest in handling matters involving property insurance, business income and fidelity losses.Close