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Managing and Litigating First and Third-Party Bad Faith Claims: Insurer Strategies for Addressing Unique Challenges

Evaluating Opportunity to Settle Within Limits, Managing Open Claims, Prepping Company Witnesses, Neutralizing Plaintiff Trial Themes

Recording of a 90-minute CLE video webinar with 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.

Conducted on Thursday, December 14, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss managing and litigating first and third-party bad faith claims from the insurer's perspective, focusing on the unique challenges bad faith claims present at all stages of the litigation and offering strategies for addressing them.


The panel will begin with an overview of what bad faith means generally and how claims professionals can avoid it. The program will review common allegations of bad faith in handling first-party property claims and responding to short-fuse, time-limited settlement demands and case law addressing propriety as a matter of law.

In the context of third-party bad faith, the panel will address disclaimers and reservations, the duty to defend, and the duty to settle. Regarding defense, the webinar will discuss conflicts of interest, claims arising out of the failure to appoint independent counsel to avoid conflicting representation, or failure to provide competent counsel with certain expertise. Regarding settlement, the panel will discuss the factors to consider when evaluating an opportunity to settle within limits and related obligations that a primary insurer owes to the insured and excess insurers.

Listen as this panel of seasoned practice leaders addresses how litigating a bad faith action presents unique challenges at all stages of the litigation and how to address them, including: considerations of venue and the insured's right to a jury trial; discovery issues that arise frequently in bad faith cases; strategies for preparing company witnesses for depositions; what to do when the claim is "open" while the bad faith action is pending; how to combat some of the trial themes that insureds' counsel frequently employ; the potential damages available to an insured; and what to do if the adjuster or third-party adjuster (TPA) is included as a party in the bad faith case.



  1. Overview of bad faith
  2. The right and duty to settle third-party claims
  3. Acting in good faith and time-limited demands
  4. Managing and litigating the bad faith claim


The panel will address these and other key issues:

  • What is the difference between the legal standards for first versus third-party bad faith?
  • How can the reservation of rights letter avoid or lead to allegations of bad faith?
  • What are best practices for reviewing the obligation to settle?


Miscioscia, Anthony
Anthony L. Miscioscia

Post & Schell

Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation...  |  Read More

Montague, Celestine
Celestine M. Montague

Post & Schell

Ms. Montague has a broad range of experience in complex and emerging issues in insurance coverage and commercial...  |  Read More

Schildt, Steven
Steven Schildt

Principal Vice-Chair, Insurance Law Department
Post & Schell

Mr. Schildt is a Principal, Vice-Chair of the Firm's Insurance Law Department, and a...  |  Read More

Shay, Bryan
Bryan M. Shay

Litigation Counsel
Brandywine Group of Insurance and Reinsurance Companies (Chubb)

Litigation Counsel with the Brandywine Group of Insurance and Reinsurance Companies. With a practice focused on...  |  Read More

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