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
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.
- 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 effects of an inadequate or inappropriate investigation
- Strategies for policyholders and insurers
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?
Paul R. Koepff
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."Close
Kasowitz Benson Torres & Friedman
Mr. Oshinsky focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state... | Read More
Mr. Oshinsky focuses his practice on insurance coverage litigation on behalf of policyholders in federal and state courts nationwide and on advising clients on insurance coverage related matters. He has litigated, and continues to litigate, many of the most significant, complex insurance coverage issues in the country. His sought-after experience has touched numerous clients in a wide variety of industries.Close