Insurer Bad Faith and Inadequate Investigation: Examination Standards, Coverage and ROR, Safeguarding Privilege
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Overview of good faith
- Standards for complete and adequate investigation
- Underlying claim
- Coverage
- Duty to defend
- Duties of excess carriers
- Policyholder duty of cooperation
- Special concerns
- Investigation after denial
- Investigation under reservation of rights
- Investigation of duty to defend
- Preserving or piercing privilege
- Litigation strategies and tips
- Discovery
- Experts
- 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
Paul R. Koepff
Partner
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."
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Jerold (Jerry) Oshinsky
Attorney
Law Office of Jerry Oshinsky
Mr. Oshinsky has almost five decades of insurance coverage experience representing corporate and individual clients and... | Read More
Mr. Oshinsky has almost five decades of insurance coverage experience representing corporate and individual clients and educational and health care institutions. He continues to be regarded as “the foremost practitioner at the policyholder bar.” (Chambers, USA) Mr. Oshinsky also has been selected as an expert testifying witness and consultant for insurance companies in cases that do not present a conflict of interest with his policyholder clients. A good example of the scope of his practice is reflected in his decades of representation of a major life insurance company.
Best’s (2022) and Super Lawyer (2023) continue their recognition of Mr. Oshinsky as the leading policyholder lawyer in Los Angeles. Law Dragon also previously had selected him as a charter member of their Hall of Fame, which includes lawyers from all disciplines. Mr. Oshinsky continues as an arbitration panelist that has been deciding and issuing opinions for more than a decade. He also has served on a dozen or more arbitration panels where he was nominated by the insured and accepted by the insurance company.
Mr. Oshinsky continues to be a co-author of the insurance treatise titled Practitioner’s Guide to Litigating Insurance Coverage Actions. (Original publication date 1998. Recently updated 2022.) The unique approach of this treatise is that it provides real life examples of pleadings at every stage of litigation. The treatise is supplemented by his active participant as a lecturer on insurance coverage issues and the author of many articles and power points in the latest developments of insurance coverage law. Furthermore, Mr. Oshinsky's lifetime support of diversity and the law has resulted in a substantial number women attorneys having become leaders in their practice groups and managing partners and some have become respected members of the judiciary.
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