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 examine how counsel for insurers can recognize when a third-party plaintiff is attempting to "setup" the insurer for a claim of bad faith. The panel will address what insurers can do to avoid this trap and counterclaims and relevant affirmative defenses based on the plaintiff's fraudulent conduct or misrepresentations.
- Trends in defenses to bad faith claims focusing on claimant's conduct
- Bad faith setup
- 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 setup defense, and how have courts treated this defense?
- What types of conduct by the policyholder or claimant are typically considered bad faith conduct?
- In what circumstances have insurers pursued the doctrine of reverse bad faith, and how have the courts treated these arguments?
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice... | Read More
Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, directors and officers insurance, fidelity and crime-loss policies, internet and high-tech liability insurance issues.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
Clyde & Co US
Mr. Wiener focuses his practice on complex insurance, reinsurance and commercial disputes in federal and state court,... | Read More
Mr. Wiener focuses his practice on complex insurance, reinsurance and commercial disputes in federal and state court, as well as international commercial arbitration. He has extensive experience supervising and coordinating international arbitrations, including under the Bermuda Form, from initial pleadings through arbitration hearings and final awards. Mr. Wiener regularly manages litigation in federal and state courts at all levels, from initial pre-trial assessment through final appeal.Close