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Insurance Bad Faith Litigation: Strategies and Practical Tools to Successfully Resist Entry of Protective Orders

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 3, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, May 9, 2025

or call 1-800-926-7926

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.

Description

"Sealing orders are not like party favors, available upon request or as a mere accommodation," said the First Circuit in R&G Mortgage Corp. v. Fed. Home Loan Mortgage Corp., 584 F.3d 1, 12 (1st Cir. 2009). Protective orders are only available for "good cause" to protect someone from annoyance, embarrassment, oppression, or undue burden or expense. Nonetheless, in almost every bad faith case, when the policyholder requests documents or notices a deposition about the insurer's practices and procedures for investigating and paying first-party insurance claims and other related topics, insurers assert the information is confidential and seek a protective order that has the effect of frustrating and preventing legitimate discovery.

Strategies do exist, however, for successively avoiding protective or confidentiality orders that do not meet the required standards or that overburden the requesting party. Counsel must stay one step ahead and be proactive rather than reactive. Many arguments advanced in favor of protective orders dissolve when exposed to the light. Where some information is truly confidential, proper and limited restrictions on disclosure can be negotiated, including sharing provisions.

Listens as this experienced panel discusses strategies and practical tactics for successfully preventing the entry of protective orders in bad faith litigation.

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Outline

  1. Competing private and public interests in information related to litigation
  2. Standards for issuance of protective order
    1. Statutes, rules, judge-specific rules related to pre-trial discovery
    2. Common law right of access when court documents are filed with court and presumption in favor of public access
    3. First Amendment rights of press
  3. Protective orders in bad faith cases
    1. Types of information claimed as confidential in pre-trial discovery
    2. AI tools
    3. Levels of protection sought
  4. 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

Miller, Charles
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

Attend on June 3

Early Discount (through 05/09/25)

Cannot Attend June 3?

Early Discount (through 05/09/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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