Insurer's Bad Faith Liability in the Absence of Coverage: First-Party and Third-Party Claims
Advocating or Defending Extra-Contractual Claims for Improper Claims Handling
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how an insurer’s actions in the claims handling process may result in bad faith liability in the absence of coverage. The program will also address how extra-contractual liability may arise from an insurer’s violation of fair claim handling statutes or its waiver of coverage defenses. It will discuss recent case law and regulations impacting an insurer’s exposure to extra-contractual liability for errors in the adjustment of first-party claims and in the investigation and defense of third-party claims.
Outline
- Theories of recovery for extra-contractual liability for uncovered claims
- Violations of statutes or regulations as a basis for extra-contractual liability
- Insurer’s waiver of coverage defenses as a basis for extra-contractual liability
- Extra-contractual liability in first-party vs. third-party claims
- Recent case law developments
Benefits
The panel will review these and other key issues:
- How does the covenant of good faith and fair dealing play into the theories of extra-contractual liability in the absence of coverage?
- In what circumstances can an insurer be held to have waived coverage defenses giving rise to bad faith liability for uncovered claims?
- How do extra-contractual liability theories differ in first-party vs. third-party claims?
Faculty
David J. McMahon
Partner
Hinshaw & Culbertson
Mr. McMahon focuses his practice on high value attorney's fee cases as well as litigating large complex... | Read More
Mr. McMahon focuses his practice on high value attorney's fee cases as well as litigating large complex matters. As an expert, consultant and litigator he has worked on some of the largest cases ever litigated in the U.S. and has a national reputation for this work. These cases include business and commercial litigation, intellectual property matters, wage and hour litigation, rescission cases, environmental claims, D&O liability insurance, maritime matters and cases involving alleged insurer bad faith.
CloseC. Zachary Ransel
Shareholder
Fisher Kanaris
Mr. Ransel concentrates his practice in insurance coverage litigation involving first-party and bad faith claims. He... | Read More
Mr. Ransel concentrates his practice in insurance coverage litigation involving first-party and bad faith claims. He has litigated cases all over the country in both state and federal courts and is frequently engaged in the litigation of large complex property coverage disputes in excess of $10 million.
CloseDavid A. Shaneyfelt, Esq.
The Alvarez Firm
Mr. Shaneyfelt has nearly 30 years of experience in litigation complex civil matters in state and federal courts across... | Read More
Mr. Shaneyfelt has nearly 30 years of experience in litigation complex civil matters in state and federal courts across the country. A former Shareholder with Anderson Kill, Mr. Shaneyfelt has represented numerous private and public entities in coverage disputes against insurance companies and joint powers agencies. His representative matters include the recovery policy benefits for employment class actions, D&O liability, and professional malpractice, among others. Mr. Shaneyfelt is a frequent author and lecturer on insurance law topics.
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