Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer vs. Policyholder Perspectives
Insurer Defenses Against Policyholders in Bad Faith Litigation
A live 90-minute CLE video webinar with interactive 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.
Closeto be announced.
Early Discount (through 05/05/23)
Cannot Attend May 30?
Early Discount (through 05/05/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.