Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims

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

Conducted on Wednesday, October 18, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

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.

Description

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.

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Outline

  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

Benefits

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?

Faculty

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

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and...  |  Read More

Oshinsky, Jerold
Jerold Oshinsky
Partner
Kasowitz Benson Torres

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts...  |  Read More

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