Insurance Bad Faith Claims: Expanding Scope of Insurers Liability From Policyholder and Insurer Perspectives

Evolving Liability Theories, Institutional Claims, Attorney-Client Privilege and Punitive Damages

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


Conducted on Tuesday, February 2, 2016

Recorded event now available

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Program Materials

This CLE webinar will analyze key developments in bad faith litigation and how these issues serve to expand the insurer’s exposure to bad faith claims. The program will look at recent trends in the attorney-client protection between insurer’s counsel and claims representatives, new theories of liability, the increased focus on institutional claims and the expanding scope of punitive damages claims.

Description

No longer confined to tort claims for an insurer’s breach of duty of good faith and fair dealing, new and evolving theories of liability continue to expand. For example, while courts have ruled that the absence of coverage is a defense to bad faith claims, a growing number of states now permit extra-contractual bad faith claims for improper claims handling.

The ability of a plaintiff to prove an institutional bad faith case against an insurer varies in difficulty among jurisdictions. Compounding the complexities of institutional claims is the scarcity of case law addressing how many other instances of bad faith are needed to prove an institutional claim.

In insurance bad faith cases, the issue of an implied waiver of the attorney-client privilege continues to be of serious concern. Courts have articulated various tests for determining an implied waiver of the privilege.

Listen as our authoritative panel of insurance practitioners discusses recent developments in bad faith litigation and the expansion of the insurer’s exposure to bad faith claims. The panel will analyze issues regarding the attorney-client protection between insurer’s counsel and claims representatives, new theories of liability, the increased focus on institutional claims, and punitive damages claims.

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Outline

  1. Evolving standards for imposing bad faith liability
  2. Institutional bad faith claims
  3. Size and scope of punitive damage awards
  4. First party UM/UIM claims
  5. Attorney-client privilege

Benefits

The panel will review these and other key issues:

  • Has there been a trend toward the erosion of the attorney-client privilege in bad faith litigation?
  • How many other instances of bad faith does a plaintiff need to prove an institutional claim—five, ten, more?
  • What are trends in punitive damages awards in bad faith litigation?

Faculty

Christian A. Cavallo
Christian A. Cavallo

Partner
Goldberg Segalla

Mr. Cavallo is an insurance coverage litigator representing insurers in high-value cases in state and federal courts....  |  Read More

Danya J. Pincavage
Danya J. Pincavage

Partner
Ver Ploeg & Lumpkin

Ms. Pincavage concentrates her practice in the areas of Insurance Coverage and Bad Faith Litigation representing...  |  Read More

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