Insurance Bad Faith Trial Strategies: Case Evaluation, Jury Themes and Bifurcation

Developing Winning Trial Tactics for Plaintiffs/Policyholders and Insurers

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

Conducted on Tuesday, July 19, 2016

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will address various trial strategies for plaintiffs/policyholders and insurers litigating bad faith insurance claims. The program will discuss how to evaluate the case to decide whether to go to trial or settle, convincing themes for the jury, and bifurcation of coverage trial from bad faith trial.


As bad faith insurance claims can emanate from a wide variety of actions taken (or not) by the insurance company, the underlying factual allegations will drive the plaintiff’s settlement demand and the insurer’s decision of whether to take the case to trial. Counsel for both sides must carefully analyze the underlying facts of the coverage claim to assess the value of the claim and how facts would play out at trial.

Understanding preconceived notions and biases jurors have with respect to insurance companies and the industry is critical for both sides in formulating themes of the case to persuade and win over jurors in a bad faith trial.

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 strategies for determining whether a bad faith case should go to trial, evaluating winning themes to present to the jury, and deciding whether or and how to handle and win those trials.



  1. Factors to consider for taking case to trial
  2. Developing themes for the jury
  3. Bifurcation of coverage trial from bad faith trial


The panel will review these and other key issues:

  • What are some winning themes for policyholders/plaintiffs to present to the jury to play up to juror preconceived notions and biases regarding insurance companies?
  • What are some winning themes for insurers to present to the jury to dispel negative juror preconceived notions and biases regarding insurance companies?
  • What factors should insurers consider in deciding whether to move to bifurcate the coverage trial from the bad faith trial?


Scott Glovsky
Scott Glovsky

Scott Glovsky

Mr. Glovsky's practice focuses on civil trial law, including insurance bad faith, catastrophic personal injury, and...  |  Read More

Todd S. Schenk
Todd S. Schenk


Mr. Schenk is highly experienced in providing insurance coverage counseling and litigation representation to insurance...  |  Read More

Access Anytime, Anywhere

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