Insurance Bad Faith: Pitfalls for Insurers in the Investigation of Coverage Claims

Strategies for Insurers to Avoid or Mitigate Liability and Policyholders to Prove Bad Faith and Obtain Damages

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

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Conducted on Wednesday, January 14, 2015

Recorded event now available

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Course Materials

This CLE course will provide 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 in claims investigations.

Description

Over the past few years, the number of policyholders filing suits asserting bad faith by insurers has increased. Such allegations, if proven, can lead to significant damage awards against insurers. However, the court decisions are not uniform, and they are dependent upon the specific facts and the applicable law.

Bad faith assertions in insurance claim investigations raise complex issues for policyholders and insurers, including deciding when to renew or update an investigation, the implications of that decision, and the impact of an investigation on coverage determination.

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 strategies 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 effects 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 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

Jerold Oshinsky
Jerold Oshinsky
Partner
Kasowitz Benson Torres & Friedman

Mr. Oshinsky focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state...  |  Read More

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