Navigating Insurance Bad Faith Claims Involving Additional Insureds and Defense-Within-Limits Policies

Insurer and Insured Perspectives on Bad Faith Risks and Pitfalls With AIs and Exhaustion of Policy Limits

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, December 6, 2016
Recorded event now available


This CLE program will discuss bad faith pitfalls for insurers in investigating and handling claims involving additional insureds (AIs) as well as bad faith claims that arise under defense-within-policy-limits insurance policies. The program will identify risks to insurers and ways to mitigate these risks. The program will discuss best practices for policyholders and AIs to identify and evaluate potential bad faith actions.

Description

Defense-within-limits policies can pose unsuspecting bad faith liability risks for insurers. Potential landmines include allegations the insurer mismanaged defense costs or erroneously defended an AI thus depleting the insured’s policy limits. Another potential theory includes the claim that the insurer did not pursue settlement before exhausting the policy limits with a vigorous defense.

While the issues of bad faith claims with respect to AIs are one of the pitfalls of defense-within-limits policies, risks involving AIs are present in all types of policies especially in light of the trend of courts expanding the AI duty to defend. Carriers face risks when denying coverage for AIs or failing to fully understand the rights of the AI under the policy, particularly with respect to the insurer’s duty to defend AIs.

Listen as our authoritative panel of insurance attorneys discusses bad faith pitfalls for insurers in investigating and handling claims involving AIs and claims that arise under defense-within-policy-limits insurance policies. The panel will identify ways insurers can mitigate these risks and best practices for policyholders and AIs to identify and evaluate potential bad faith actions.

Outline

  1. Bad faith risks with defense-within-limits policies
    1. Insurer mismanagement of or inadequate communication regarding defense costs
    2. Improper defense of AI resulting in depleting policy limits
    3. Insurer’s failure to pursue settlement prior to exhausting policy limits
  2. Bad faith risks with respect to AIs
    1. Scope of insurer’s duty to defend AIs
    2. Denial of coverage for AI claims
    3. Investigating and handling AI claims

Benefits

The panel will review these and other key issues:

  • Bad faith risks facing insurers under defense-within-policy-limits insurance policies
  • Bad faith risks facing insurers when investigating and handling claims involving AIs
  • Additional insured duty to defend expansion by courts

Faculty

Laura A. Foggan, Partner
Wiley Rein, Washington, D.C.

Ms. Foggan leads the firm’s Insurance Appellate GroupPracticing for more than 25 years, she has participated in more than 200 appeals nationwide and has made significant contributions to the development of key insurance law precedents across the country. She is a former Co-Chair of the Insurance Coverage Litigation Committee of the ABA Litigation Section.

Anthony L. (Tony) Martin, Shareholder
Sandberg Phoenix & von Gontard, St. Louis

Mr. Martin has over 30 years of litigation experience. He concentrates his practice in the areas of insurance law (primarily coverage and bad faith cases) and product liability and class action litigation. He represents a diverse clientele varied in size and type of industry, which are local, regional, national and international. He has been able to resolve legal disputes and litigation through mediation, arbitration and trial.

Meghan C. Moore, Shareholder
Ver Ploeg & Lumpkin, Miami

Ms. Moore represents policyholders in insurance coverage and bad faith litigation in state and federal courts. Ms. Moore has handled numerous complex cases and tried insurance coverage, negligence and bad faith cases to policyholder verdicts. She is a frequent speaker on insurance law issues.


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Insurance Law Advisory Board

John Broghammer

Partner

Greve Clifford Wengel & Paras

Tred Eyerly

Of Counsel

Damon Key Leong Kupchak Hastert

John D. Green

Partner

Farella Braun + Martel

Alan P. Jacobus

Proprietor

Law Offices of Alan Palmer Jacobus

William E. Kelley, Jr.

Atty

Drewry Simmons Vornehm

William O. Krekstein

Partner

Timoney Knox

Jay M. Levin

Counsel

Reed Smith

Peter J. Mintzer

Partner

Selman Breitman

Barry S. Neuman

Partner

Whiteford Taylor Preston

Andrew G. Wanger

Partner

Clyde & Co.

Britton D. Weimer

Partner

Jones Satre & Weimer

Sandra I. Weishart

Partner

Hinshaw & Culbertson

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