Insurance Bad Faith Litigation: Strategies and Practical Tools to Successfully Resist Entry of Protective Orders
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide litigators with practical tools to successfully resist and prevent entry of protective or confidentiality orders in bad faith insurance cases. The panel will discuss how to overcome assertions that information warrants confidential treatment or was treated as such, the standards for obtaining confidentiality/protective orders and sealing at different stages of litigation, determining when information or documents amount to judicial records, competing interests that weigh against confidentiality, important decisions that limit confidentiality orders, and production of confidential settlement agreements in subsequent litigation.
Outline
- Competing private and public interests in information related to litigation
- Standards for issuance of protective order
- Statutes, rules, judge-specific rules related to pre-trial discovery
- Common law right of access when court documents are filed with court and presumption in favor of public access
- First Amendment rights of press
- Protective orders in bad faith cases
- Types of information claimed as confidential in pre-trial discovery
- AI tools
- Levels of protection sought
- Policyholder strategies
Benefits
The panel will review these and other important issues:
- Do courts grant protective orders too easily in bad faith cases?
- How can policyholders establish that insurers have shared the alleged confidential information with others, such as sharing claims handling procedures at industry events?
- Are AI claims handling tools and algorithms confidential?
Faculty
Alan P. Jacobus
Attorney
Alan P. Jacobus, Attorney at Law
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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Charles Miller, Esq.
Attorney
Insurance Law Center
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance... | Read More
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance law. Prior to 1990, Mr. Miller was employed in the insurance industry for 18 years, where he worked as an insurance claims representative and claims manager. He has been retained in more than 15 states and territories, including Canada, as an expert on insurance industry claims handling practices and standards, as well as on various insurance policy coverage issues.
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