Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bifurcation, and Experts
Developing Winning Pre-Trial Tactics for Policyholders and Insurers
A live 90-minute CLE webinar with interactive Q&A
Thursday, March 2, 2017 (in 5 days)
1:00pm-2:30pm EST, 10:00am-11:30am PST
This CLE webinar will outline pre-trial strategies for both insurers and policyholders litigating bad faith claims. The program will focus on demand letters to insurers, drafting and answering bad faith complaints, proving and opposing damages, bifurcation, and using expert witnesses.
Bad faith allegations are a potent weapon for policyholders in coverage litigation to negotiate for a higher settlement due to the risk of an unacceptable jury award. In order to leverage this tool, policyholder counsel must carefully draft complaint allegations to survive a motion to dismiss.
Expert witnesses play a critical role in bad faith litigation, both for policyholders and insurers. Insurance experts typically are underwriters, claims handlers, brokers, regulators and attorneys with knowledge of insurance industry customs.
Insurers must weigh the pros and cons of bifurcating the coverage trial from the bad faith trial. Bifurcation may be imperative if the “bad” evidence regarding the bad faith claim may negatively impact the jury’s perception of the underlying coverage case.
Bifurcation also may enable the insurer to protect the claims file from discovery if the bad faith claim is stayed pending resolution of the contract issues.
Listen as our authoritative panel of insurance practitioners imparts insight on bad faith pre-trial strategies for both insurers and policyholders. The panel will discuss demand letters, drafting and answering bad faith complaints, proving and opposing damages, bifurcation of coverage and bad faith issues, and use of expert witnesses.
- Policyholder strategies
- Bad faith demand letters
- Bad faith pleading requirements
- Proving insurer breach of duties
- Calculating damages
- Using experts in bad faith cases
- Insurer strategies
- Responding to demand letters
- Bad faith defenses
- Change of venue and removal if jurisdiction unfavorable to insurance carriers
- Bifurcating coverage and bad faith issues
- Challenges to claims professional testimony
The panel will review these and other key issues:
- Is the insurer’s disclaimer of coverage enough to state a bad faith claim?
- What facts regarding the insurer’s actions should policyholders include in the complaint to survive a motion to dismiss?
- What industry experts are best suited for bad faith claims, and what are common challenges or objections to their testimony?
- What factors should insurers consider in deciding whether to move to bifurcate the coverage trial from the bad faith trial?
Michael J. DiSantis, Partner
Mr. DiSantis focuses his practice in the areas of insurance coverage analysis and insurance coverage litigation, assisting insurance companies in resolving complex disputes. He has represented insurance companies in litigated coverage matters in federal and state courts throughout the country, including those involving advertising injury, personal injury, bodily injury and property damage. His experience encompasses coverage for environmental risks, toxic torts, asbestos, habitational risks, security, construction defects, consumer class actions, general coverage and allegations of bad faith.
Michael H. Sampson, Partner
Mr. Sampson's practice is focused on representing corporate policyholders in complicated coverage disputes with their insurers. He counsels clients and litigates about subjects as diverse as trigger of coverage, defense obligations, other-insurance clauses, insurer bad-faith claims-handling, and abstention. He also advises and represents clients with respect to many other issues relating to commercial general liability policies, management liability coverages, and other types of insurance.
Edward Susolik, Atty
Callahan & Blaine,
Santa Ana, Calif.
Mr. Susolik has been a litigation attorney for over 24 years. He has extensive expertise in multiple areas of complex litigation, including complex business litigation, insurance bad faith and coverage and catastrophic personal injury. His practice is split evenly between plaintiff and defense perspectives as he was trained as a defense lawyer at an international law firm, but is equally adept at prosecuting eight-figure plaintiff cases. Mr. Susolick has recovered over $1B on behalf of his clients during his career.
Live Webinar $297.00
Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.
This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
Live Webinar & DVD $394.00 plus $9.45 S&H
DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credits By State
I liked that the speakers did not seem rushed and that they tackled an appropriate amount of material during the seminar.
I like the materials, the experts and the convenience of Strafford webinars.
We were given simple and clear answers to complex questions, lots to work with.
Patrick R. Kelly
Glenn, Feldmann, Darby & Goodlatte
The speaker's use of practical examples and not just talking about legal concepts, was very good.
Gaglione, Dolan & Kaplan
First rate program. I have been practicing for over 25 years and this was the most instructive seminar I've attended in several years.
Univ. of Pennsylvania (not Penn State)
Insurance Law Advisory Board
Greve Clifford Wengel & Paras
Damon Key Leong Kupchak Hastert
Farella Braun + Martel
Law Offices of Alan Palmer Jacobus
Drewry Simmons Vornehm
Whiteford Taylor Preston
Clyde & Co.
Jones Satre & Weimer
Hinshaw & Culbertson
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.