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 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.
- Overview of bad faith
- The right and duty to settle third-party claims
- Acting in good faith and time-limited demands
- 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?
Anthony L. Miscioscia
Post & Schell
Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation... | Read More
Mr. Miscioscia has a broad range of experience in complex insurance coverage, bad faith and commercial litigation matters. He is a knowledgeable and experienced coverage attorney and litigator who provides cost-effective, proactive advice to clients in the hopes of avoiding or minimizing litigation, and tenaciously represents clients in suit when needed.Close
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
Ms. Montague has a broad range of experience in complex and emerging issues in insurance coverage and commercial litigation. She manages complex, multimillion-dollar cases through all facets of litigation, from pre-trial strategy through post-trial relief. Ms. Montague represents insurance companies in state and federal courts nationwide, as well as in various alternative dispute resolution forums, including private arbitrations and mediations.Close
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
Mr. Schildt is a Principal, Vice-Chair of the Firm's Insurance Law Department, and a nationally-recognized insurance/ERISA practitioner. He works out of the Firm's Pennsylvania and New Jersey offices and has devoted his entire legal career to representing insurers in coverage, ERISA, and bad faith matters. Mr. Schildt has been honored by being selected for inclusion in the 2018 – 2024 editions of The Best Lawyers In America, Insurance Law category. His national and broad-based coverage litigation and coverage opinion practice encompasses personal and commercial insurance claims and disputes in almost all areas, including disability claims, ERISA claims, bad faith claims, life/accidental death claims, CGL claims (including additional insured and construction defect disputes), property insurance claims, COVID business interruption claims, health insurance claims, commercial auto claims, policy rescission/policyholder fraud, professional liability claims, D&O claims, long-term care claims, and all types of casualty claims. He has been lead counsel in thousands of such disputes in many different federal courts, state courts, and arbitration forums. Mr. Schildt also handles complex coverage and bad faith matters involving excess verdicts, trigger issues, allocation, horizontal/vertical exhaustion, and the interaction among primary, excess, and umbrella policies. His practice group enjoys a 90% success rate on dispositive motions.Close
Bryan M. Shay
Principal Insurance Law
Post & Schell
Mr. Shay is a Principal in the Firm’s Philadelphia and New Jersey offices, and a member of the... | Read More
Mr. Shay is a Principal in the Firm’s Philadelphia and New Jersey offices, and a member of the Firm's Insurance Law Department. With a practice focused on insurance coverage and bad faith litigation, Mr. Shay advises and represents national clients in a variety of complex coverage and bad faith disputes arising from both commercial and personal insurance policies, including: CGL coverage claims (including construction defect/injury matters); property insurance claims; commercial and personal automobile claims; policyholder fraud; policy rescission; health, life, and disability insurance claims; ERISA litigation regarding benefit claims and challenges to health plans, fiduciary issues, and sophisticated preemption issues; annuity and structured settlement disputes; class action litigation; indemnity disputes between insurers; and bad faith claims.Close