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 video webinar with Q&A
This CLE webinar will examine how counsel for insurers can recognize when a third-party plaintiff attempts to "setup" the insurer for a bad faith claim. The panel will address what insurers can do to avoid this trap, counterclaims, and relevant affirmative defenses based on the plaintiff's fraudulent conduct or misrepresentations.
Outline
- 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
Benefits
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?
Faculty
Mark Garbowski
Shareholder
Anderson Kill
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.
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Rachel E. Hudgins
Counsel
Hunton Andrews Kurth
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders... | Read More
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders maximize their available insurance recoveries. She has litigated hundreds of insurance coverage and bad faith disputes in state and federal courts across the country and U.S. territories. Yet, as a seasoned litigator, she also recognizes the strategic and financial value of pre-suit resolutions, helping clients navigate risk to maximize their recoveries. Ms. Hudgins has been involved in a wide variety of unique cases, like parasailing-related injuries, fraternity party injuries, blockades at the Indian-Nepali border, mass livestock deaths, exploding e-cigarettes, art provenance investigations, and free-fall drops at county fairs. Her practice spans catastrophic injury claims (premises, workplace, auto, trucking, aviation, environmental, firearm, opioid, extreme sports, and entertainment), property damage disputes (natural disasters and builder’s risk), C-suite subpoenas and investigations, art provenance issues, and trade credit claims.
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C. Scott Rybny
Chair Insurance Coverage & Extra-Contractual Litigation Group
Morgan & Akins
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation... | Read More
Mr. Rybny represents insurers in all phases of first and third party insurance disputes, including pre-litigation activities, special investigations, declaratory relief actions, and lawsuits alleging bad faith. His experience encompasses CGL, farm, condominium, fiduciary liability, property, business interruption, commercial crimes and credit risk insurance. Over the years, Mr. Rybny has been asked to speak on a variety of emerging insurance issues. Scott has presented at PAMIC, IASIU, PACIA, NBI, PDI and PLRB.
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