Pursuing Insurance Bad Faith Claims Over Personal Injury Claim Delays, Denials and Low Ball Offers

Considerations and Best Practices for Proving Bad Faith and Maximizing Damages

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

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Conducted on Thursday, October 8, 2015

Recorded event now available

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Course Materials

This CLE course will provide guidance to personal injury attorneys for pursuing and maximizing recovery in insurance bad faith cases related to an auto accident, slip and fall, wrongful death or other personal injury claim. The panel will review the type of wrongful conduct that supports a bad faith claim or lawsuit, litigation techniques, and the types of damages recoverable.


Personal injury attorneys often pursue bad faith claims or lawsuits on behalf of injured victims following an insurer’s unreasonable delay or denial of payment for an auto accident, slip and fall, wrongful death or other personal injury claim, or a low ball settlement offer from the insurer. A finding of bad faith can lead to significant damages awards, including punitive damages in some jurisdictions.

Proving that an insurer acted in bad faith is complex, requiring knowledge of personal injury and insurance law, as well as litigation savvy. Personal injury attorneys must understand effective techniques and potential traps when preparing the pleading, creating a discovery plan, pursuing dispositive motions, developing a trial theme and more.

Listen as our authoritative panel of personal injury and insurance attorneys discusses considerations and best practices for pursuing bad faith insurance claims or lawsuits alleging an insurer unreasonably delayed or denied a personal injury claim or made a low ball settlement offer, including how to maximize your clients’ damages in these cases.



  1. What constitutes bad faith
    1. First-party claims
    2. Third-party claims
  2. Proving a bad faith claim
    1. Pre-suit investigation
    2. Pleadings
    3. Discovery
    4. Use of expert witnesses
    5. Depositions: useful tips
    6. Summary judgment
    7. Trial preparation
  3. Recoverable damages
    1. Compensatory
    2. Punitives


The panel will address these and other key issues:

  • What types of insurer conduct will help support a bad faith claim or lawsuit?
  • What mistakes do personal injury attorneys frequently make when handling insurance bad faith claims?
  • What trial techniques have been effective for personal injury attorneys to prove bad faith and maximize damages?


Scott Glovsky
Scott Glovsky

Scott Glovsky

Mr. Glovsky's practice focuses on civil trial law, including insurance bad faith, catastrophic personal injury, and...  |  Read More

Brian S. Kabateck
Brian S. Kabateck

Founding and Managing Partner
Kabateck Brown Kellner

Mr. Kabateck's practice focuses on ​the areas of personal injury, insurance bad faith, pharmaceutical litigation,...  |  Read More

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