Interested in training for your team? Click here to learn more

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 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, August 12, 2025

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

Early Registration Discount Deadline, Friday, July 18, 2025

or call 1-800-926-7926
Add to your calendar

This CLE course 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.

Description

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.

READ MORE

Outline

  1. Policyholder strategies
    1. Bad faith demand letters
    2. Bad faith pleading requirements
    3. Proving insurer breach of duties
    4. Calculating damages
    5. Using experts in bad faith cases
  2. Insurer strategies
    1. Responding to demand letters
    2. Bad faith defenses
    3. Change of venue and removal if jurisdiction unfavorable to insurance carriers
    4. Bifurcating coverage and bad faith issues
    5. Challenges to claims professional testimony

Benefits

The panel will review these and other key issues:

  • 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?

Faculty

Small, Kevin
Kevin V. Small
Counsel
Hunton Andrews Kurth

Mr. Small counsels clients on the recovery of insurance proceeds and on risk management and insurance strategy. He...  |  Read More

Attend on August 12

Early Discount (through 07/18/25)

Cannot Attend August 12?

Early Discount (through 07/18/25)

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:

CLE On-Demand Video