Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
Outline
- Duty of good faith
- First-party claims
- Third-party claims
- Bad faith claims by additional insureds
- Delay in payment
- Bad faith without coverage
- Investigation of liability and coverage
- Issues relating to when the insurer disclaims coverage
- Practical tips with respect to investigations when the insurer will be denying or disclaiming coverage
- Issues relating to when the insurer reserves rights
- Investigating policy terms and coverage rulings
- Issues relating to any investigation when an insurer is determining whether it has any duty to defend
- Practical tips with respect to any investigation in connection with deciding any obligation to defend
- Specific issues relating to investigation of claims
- Possible impact of an inadequate or inappropriate investigation
- 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
Paul R. Koepff
Partner
Clyde & Co US
Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and... | Read More
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."
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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
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.
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