Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer vs. Policyholder Perspectives
Insurer Defenses Against Policyholders in Bad Faith Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to insurers and policyholders with an analysis of insurer defense trends in bad faith litigation based on wrongful conduct by the third-party plaintiff or first-party policyholder. Specifically, the panel will discuss “bad faith set-up” and fraudulent conduct or misrepresentation by the plaintiff, as well as insurer efforts to create an affirmative defense of reverse bad faith.
- Trends in defenses to bad faith claims focusing on claimant’s conduct
- Bad faith set-up
- Fraud or misrepresentation
- Other defenses or strategies
- Trends in “reverse bad faith” as an affirmative defense
- Best practices for policyholders and claimants to counter these defenses
- Best practices for insurers in raising and proving these defenses
The panel will review these and other relevant issues:
- What conduct by claimants generally gives rise to a bad faith set-up defense and how have courts treated this defense?
- What types of conduct by the policyholder or claimant are typically raised as a bad faith action?
- In what circumstances have insurers pursued the doctrine of reverse bad faith and how have the courts treated these arguments?
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with... | Read More
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, D&O, fidelity and crime-loss policies, Internet and high-tech liability insurance issues. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice in which he develops computerized insurance allocation models for long-tail claims and other complex insurance models.Close
Paul R. Koepff
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."Close