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Litigating Third-Party Bad Faith Insurance Claims: Key Considerations and Strategies to Address Unique Challenges

This program is cancelled

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, December 10, 2024 (in 3 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST


This CLE webinar will discuss managing and litigating third-party bad faith claims at all stages of the litigation and offer strategies for addressing them to policyholder and insurer counsel.

Description

Third-party bad faith claims typically arise after an insurer refuses to make a reasonable settlement offer, its policyholder suffers an excess verdict as a consequence, and then the policyholder assigns to the plaintiff the right to bring a bad faith claim against the insurer. The panel will discuss obligations that a primary insurer owes to the insured and excess insurers, the factors that should be considered by the insurer when evaluating an opportunity to settle within limits, how insurers go wrong and how policyholders can uncover the underlying facts, and unique challenges in the third-party context.

The panel will also address red flags or warning signs of bad faith, emerging trends, such as naming the adjuster or third-party adjuster (TPA) as a party or asserting unfair business practices, and how to preserve third-party bad faith claims without orchestrating them. The panel will also discuss the crucial questions that must be answered, identify the most critical documentary evidence and witnesses, describe the experts best suited for plaintiffs and for insurers, and address damages.

Listen as this panel of seasoned practitioners explores the unique challenges of third-party bad faith claims and how to overcome them.

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Outline

  1. Overview of third-party bad faith, statutory or common law
  2. The right and duty to settle third-party claims
  3. Jurisdiction, venue, choice of law
  4. Burdens of proof
  5. Gathering evidence
  6. Pivotal issues
  7. Crucial witnesses
  8. Damages

Benefits

The panel will review these and other key issues:

  • What is the difference between the legal standards for first vs. third-party bad faith?
  • What is the effect of consent to settle clauses?
  • Are certain negotiation strategies bad faith per se?

Faculty

Gelfound, Michael
Michael B. Gelfound

Partner
Freeman Mathis & Gary

Mr. Gelfound is a Partner in Freeman Mathis & Gary’s Los Angeles office. He has an array of...  |  Read More

Jackson, Kirsten
Kirsten C. Jackson

Partner
Latham & Watkins

Ms. Jackson, a complex commercial litigator, represents policyholders in a variety of insurance recovery matters....  |  Read More

Schwartz, Evan
Evan S. Schwartz, Esq.

Founder
Schwartz, Conroy & Hack

As the Firm’s Founder, CEO and Managing Partner, Evan is a highly skilled litigator in the niche area of...  |  Read More