Insurer Bad Faith and Inadequate Investigation: Examination Standards, Coverage and ROR, Safeguarding Privilege

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

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Conducted on Tuesday, July 26, 2022

Recorded event now available

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Course Materials

This CLE course will offer guidance to counsel bringing or defending bad faith claims alleging the insurer's inadequate or inappropriate investigation of complex claims. The panel will review what makes an investigation inappropriate, special issues involving coverage denial or reservation of rights, privilege, and litigation strategies. Throughout the presentation, the panel will offer practice tips based on over 70 years of combined trial experience.

Description

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

What seemed adequate and proper at the beginning of an investigation may change over time.

Thorny issues must be solved when the insurer denies coverage, in whole or in part, proceeds under a reservation of rights, or involves counsel in the investigation process. Privilege and work product are increasingly being challenged.

Listen as our panel of authoritative leaders in this field examines opposing points of view on bad faith claims from the perspective of the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations against the insurer in claim investigations.

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Outline

  1. Overview of good faith
  2. Standards for complete and adequate investigation
    1. Underlying claim
    2. Coverage
    3. Duty to defend
    4. Duties of excess carriers
    5. Policyholder duty of cooperation
  3. Special concerns
    1. Investigation after denial
    2. Investigation under reservation of rights
    3. Investigation of duty to defend
    4. Preserving or piercing privilege
  4. Litigation strategies and tips
    1. Discovery
    2. Experts
    3. Defenses

Benefits

The panel will review these and other vital questions:

  • What are the insurer's and the policyholder's obligations in a coverage investigation?
  • What are the implications of investigating or failing to investigate after a coverage suit is filed?
  • What are some practical methods for a policyholder to prove that an insurer acted in bad faith--and what are the insurer's best defenses to such claims?
  • What are the best practices for counsel to the insurer to gain a favorable outcome or mitigate damages?
  • What are the critical strategies for counsel to policyholders to support bad faith allegations and obtain coverage and compensation from the insurer?

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

Oshinsky, Jerold
Jerold (Jerry) Oshinsky

Attorney
Law Office of Jerry Oshinsky

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts...  |  Read More

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