Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims

A live 90-minute CLE webinar with interactive Q&A

Wednesday, October 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 29, 2017

This CLE webinar will provide a balanced program of guidance for counsel to policyholders and insurers to address the complex issues facing parties who either bring or defend against allegations of bad faith by insurers arising from the insurer’s conduct during the claims investigation and claims settlement process.


Bad faith allegations are a potent weapon in appropriate cases for policyholders in coverage litigation to negotiate for a fair contractual settlement due to the risk that the insurer could also be held liable at trial for bad faith conduct. These claims frequently allege bad faith conduct by the insurer during the course of investigating or failing to investigate insurance claims.

Bad faith allegations regarding the claims investigation raise complex issues insurers as well, including when to renew or update an investigation, the implications of that decision, and the investigation’s impact on coverage determination.

This popular program will address what are the best practices for counsel to the insurer to gain a favorable outcome or mitigate damages? What are the key strategies for counsel to policyholders to support bad faith allegations and obtain coverage and compensation from the insurer?

Listen as our authoritative panel of insurance counsel examines bad faith claims from the perspective of both the policyholder and the insurer. The panel will discuss best practices and tactics for each side in litigation that includes allegations of bad faith by the insurer in claims investigations.


  1. Duty of good faith
  2. First-party claims
  3. Third-party claims
  4. Bad faith claims by additional insureds
  5. Delay in payment
  6. Bad faith without coverage
  7. Investigation of liability and coverage
  8. Issues relating to when the insurer disclaims coverage
  9. Practical tips with respect to investigations when the insurer will be denying or disclaiming coverage
  10. Issues relating to when the insurer reserves rights
  11. Investigating policy terms and coverage rulings
  12. Issues relating to any investigation when an insurer is determining whether it has any duty to defend
  13. Practical tips with respect to any investigation in connection with deciding any obligation to defend
  14. Specific issues relating to investigation of claims
  15. Possible impact of an inadequate or inappropriate investigation
  16. Strategies for policyholders and insurers


The panel will review these and other key issues:

  • What are the insurers’ and the policyholders’ obligations in a coverage investigation?
  • What are the implications of investigating or failing to investigate before or after a coverage suit is filed?
  • What are some effective methods for a policyholder to prove that an insurer acted in bad faith—and what are the insurer’s best defenses to such claims?
  • Under what circumstances might an insurer be at risk for a bad faith claim with respect to an additional insured?


Paul R. Koepff, Partner
Clyde & Co US, New York

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."

Jerold Oshinsky, Partner
Kasowitz Benson Torres, Los Angeles

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts throughout the U.S. on behalf of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. He litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. Mr. Oshinsky also advises clients about how to maximize their insurance assets, and he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes.

Live Webinar

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Includes Early Discount Savings of $50.00 (through 09/29/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Discount Deadline
September 29, 2017
(7 days)

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Insurance Law Advisory Board

John Broghammer


Greve Clifford Wengel & Paras

Tred Eyerly


Damon Key Leong Kupchak Hastert

John D. Green


Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.


Drewry Simmons Vornehm

William O. Krekstein


Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer


Selman Breitman

Barry S. Neuman


Whiteford Taylor Preston

Andrew G. Wanger


Clyde & Co.

Britton D. Weimer


Weimer & Weeding

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Hinshaw & Culbertson

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