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Resolving Insurer's Settlement Dilemmas When Policy Limits Are Insufficient: Multiple Insu...
November 9, 2021 CLE Live Webinar

This CLE course will discuss how an insurer's duty to settle may be impacted by two difficult but recurring situations: (1) when multiple claimants are competing for insufficient policy limits against an insured, and (2) when a claimants from a single occurrence will release fewer than all of multip... Read More

Insurer Extracontractual Liability for Biased Algorithms and AI in Underwriting and Claims...
August 31, 2021 CLE CLE On-Demand, Download

This CLE course will explore the increasing risks to insurance companies and policyholders alike of using insurance technology and software, known generally as "insurtech," to investigate, adjust, and settle claims. The panel will discuss the conflict between insurtech and an insurance company's dut... Read More

Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Clai...
Navigating Scope of Discovery, Document Production, and Joint Client Exception to and Impl...
August 3, 2021 CLE CLE On-Demand, Download

This CLE course will discuss unique discovery requests that arise when a policyholder argues that its insurer's investigation and subsequent denial of its claim was arbitrary, capricious, and undertaken "in bad faith." The webinar will cover what information to request, how to request the informatio... Read More

GEICO v. Whiteside: Navigating Complex Post-Loss Duties in Bad Faith Refusal to Settle Cas...
July 27, 2021 CLE CLE On-Demand, Download

This CLE course will review the holding and real world consequences of GEICO Indem. Co. v. Whiteside (Ga. Apr. 19, 2021), a negligent/bad faith failure to settle case that insurance counsel in all jurisdictions have watched closely and described as "extremely problematic." The panel will unravel the... Read More

Insurance Policy Rescission After a Claim is Filed: Bad Faith and Third-Party Claims
Recurring Issues for Insurers, Policyholders, and Innocent Third Parties
April 20, 2021 CLE CLE On-Demand, Download

This CLE course will discuss the challenges and complications for insurers from rescinding an insurance policy and how a policyholder can effectively respond if the insurer attempts to rescind its policy after a covered claim is made. The panel will review addressing rescission for statutorily requi... Read More

Institutional Bad Faith: Avoiding and Defending Allegations of Company-Wide Schemes to Sup...
Combating Attacks on the Insurer's Policies and Procedures in Claims Handling
March 9, 2021 CLE CLE On-Demand, Download

This CLE course will discuss what happens when insurance claims handling goes awry and a plaintiff attempts a frontal assault on the insurer's long standing claims-handling practices and procedures in a claim of institutional bad faith. Read More

Bad Faith Claims When Verdicts Exceed Policy Limits: Nuances of the Insurance Company's Du...
Reducing Company Exposure; Options for Policyholders When Company Rejects Settlement Deman...
February 4, 2021 CLE CLE On-Demand, Download

This CLE course will provide counsel with a review of the rights and obligations of the policyholder and the insurance company regarding settlements and the company's liability for verdicts in excess of policy limits. The panel will also explain actions insurance companies can take to reduce exposur... Read More

Insurer Bad Faith Setup Defense and Reverse Bad Faith Claims: Insurer vs. Policyholder Per...
Insurer Defenses Against Policyholders in Bad Faith Litigation
December 2, 2020 CLE CLE On-Demand, Download

This CLE course will examine how counsel for insurers can recognize when a third-party plaintiff is attempting to "setup" the insurer for a claim of bad faith. The panel will address what insurers can do to avoid this trap and counterclaims and relevant affirmative defenses based on the plaintiff's... Read More

Insurer Liability for Retained Counsel's Negligence: Direct and Indirect Claims for Action...
November 18, 2020 CLE CLE On-Demand, Download

This CLE course will examine when the negligence or malpractice of the defense counsel that the insurer retained to represent its policyholder may give rise to extra-contractual bad faith damages. The program will also discuss when the insurer itself may have direct claims against retained counsel f... Read More

Expert Witnesses in Bad Faith and Coverage Litigation
Admitting and Excluding Opinion Testimony: Burden of Proof, Prohibited Subjects, Industry...
October 21, 2020 CLE CLE On-Demand, Download

This CLE course will discuss the unique challenges of using opinion experts in bad faith insurance litigation, the legal requirements for tendering expert testimony at trial, and objections to overcome. Read More

Attorney-Client Privilege in Bad Faith Litigation: Privilege Issues From Perspectives of P...
October 7, 2020 CLE CLE On-Demand, Download

This CLE course will discuss whether the attorney-client privilege is being further eroded in bad faith litigation. It will guide policyholder and insurer counsel on the tripartite nature of attorney-client privilege among the insurer, the insured, and the attorney representing the insured and who c... Read More

Bad Faith in the Investigation of Insurance Claims: Pursuing and Defending Allegations of...
June 24, 2020 CLE CLE On-Demand, Download

This CLE course will guide counsel to policyholders and insurers in addressing the complex issues for parties who either bring or defend against allegations of bad faith by insurers in claims investigations. Read More

Insurance Consent to Settle Hammer Clauses: Dangers for Insureds and Exposure for Insurers
April 29, 2020 CLE CLE On-Demand, Download

This CLE course will prepare both insured's and insurer's counsel for the legal quagmire of consent to settle clauses, including those paired with hammer clauses. Though an insured might desire the ability to prevent settling a perceived as groundless claim, under these clauses, an insurer may be ab... Read More

Summary Judgment in Bad Faith Cases: Strategies and Countermeasures, Current Case Law
April 21, 2020 CLE CLE On-Demand, Download

This CLE course will provide critical insight to counsel for insurers facing tag-along bad faith claims on how to position a case for summary judgment. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proff... Read More

Demystifying the "Bad Faith Set-Up" in Insurance Litigation
Navigating the Space Between Aggressive Advocacy and Allegations of the So-Called Set-Up
February 26, 2020 CLE CLE On-Demand, Download

This CLE course will discuss and explore the mechanics of what's been called the bad faith "set-up" in insurance litigation. Both first-party and third-party claim scenarios will be reviewed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will al... Read More

Attorney-Client Privilege in Insurance Disputes: Preserving Confidentiality, Meeting Legal...
Waiver and Exceptions to the Privilege, the Tripartite Relationship, and the Role of Couns...
January 22, 2020 CLE, CLE Ethics CLE On-Demand, Download

This CLE course will guide insurance counsel on steps to protect confidential communications and preserve the attorney-client privilege. The panel will discuss waiver and exceptions to the privilege, the interplay with reinsurance and reporting to reinsurers, the tripartite relationship, the role of... Read More

Navigating Bad Faith Claims by Non-Insureds (“Third-Party Bad Faith Claims”): Differing St...
August 14, 2019 CLE CLE On-Demand, Download

This CLE course will discuss the rights and obligations of insurers, policyholders, and non-insureds in circumstances where a non-insured asserts an insurance bad faith claim against an insurer. The parties' rights and obligations vary markedly from jurisdiction to jurisdiction. Our panel will addre... Read More

Combating the Bad Faith Set-Up In Insurance Litigation
Strategies to Minimize the Risk of Excess Judgments and Punitive Damages
March 13, 2019 CLE CLE On-Demand, Download

This CLE course will discuss and explore the evolution of the proverbial bad-faith set-up in insurance litigation. While the fundamentals of insurance bad faith remain the same, recent developments have blurred the lines between proper claim handling and efforts to "set-up" insurance carriers for ba... Read More

Individual Liability in Bad Faith Actions: Theories of Recovery, Defenses, Current Case La...
August 16, 2018 CLE CLE On-Demand, Download

This CLE course will explore the pursuit and defense of causes of action against individual adjusters and insurance company personnel for bad faith. Addressing these claims varies broadly across the jurisdictional spectrum, and our panel will provide guidance on the viability of claims, strategies f... Read More

Minimizing Bad Faith Insurance Risks in First-Party Property Claims
December 12, 2017 CLE CLE On-Demand, Download

This CLE course will discuss bad faith claims that arise in the context of first-party property claims, prevailing case law on bad faith claims in the property insurance context, and issues that pose a risk of bad faith claims against insurers, including disputes over property damage appraisals and... Read More

Pleading Insurer Bad Faith Claims: Evolving Pleading Standards, Surviving or Filing a Moti...
November 15, 2017 CLE CLE On-Demand, Download

This CLE course will discuss pleadings standards for insurer bad faith claims, what plaintiffs must allege to survive a motion to dismiss, and how insurers can leverage tougher pleadings standards to win a motion to dismiss. The program will look at case law developments and how the courts have been... Read More

Insurance Bad Faith Claims Arising From the Investigation of Coverage Claims
October 18, 2017 CLE CLE On-Demand, Download

This CLE course will provide a balanced program of guidance for counsel to policyholders and insurers to address the complex issues facing parties who either bring or defend against allegations of bad faith by insurers arising from the insurer's conduct during the claims investigation and claims set... Read More

Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bi...
Developing Winning Pre-Trial Tactics for Policyholders and Insurers
March 2, 2017 CLE CLE On-Demand, Download

This CLE course will outline pre-trial strategies for both insurers and policyholders litigating bad faith claims. The program will focus on demand letters to insurers, drafting and answering bad faith complaints, proving and opposing damages, bifurcation, and using expert witnesses. Read More

Navigating Insurance Bad Faith Claims Involving Additional Insureds and Defense-Within-Lim...
Insurer and Insured Perspectives on Bad Faith Risks and Pitfalls With AIs and Exhaustion o...
December 6, 2016 CLE CLE On-Demand, Download

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... Read More

Insurance Bad Faith Trial Strategies: Case Evaluation, Jury Themes and Bifurcation
Developing Winning Trial Tactics for Plaintiffs/Policyholders and Insurers
July 19, 2016 CLE CLE On-Demand, Download

This CLE course will address various trial strategies for plaintiffs/policyholders and insurers litigating bad faith insurance claims. The program will discuss how to evaluate the case to decide whether to go to trial or settle, convincing themes for the jury, and bifurcation of coverage trial from... Read More

Insurance Bad Faith Claims: Expanding Scope of Insurers Liability From Policyholder and In...
Evolving Liability Theories, Institutional Claims, Attorney-Client Privilege and Punitive...
February 2, 2016 CLE CLE On-Demand, Download

This CLE course will analyze key developments in bad faith litigation and how these issues serve to expand the insurer's exposure to bad faith claims. The program will look at recent trends in the attorney-client protection between insurer's counsel and claims representatives, new theories of liabil... Read More

Insurer's Bad Faith Liability in the Absence of Coverage: First-Party and Third-Party Clai...
Advocating or Defending Extra-Contractual Claims for Improper Claims Handling
September 9, 2015 CLE CLE On-Demand, Download

This CLE course will discuss how an insurer's actions in the claims handling process may result in bad faith liability in the absence of coverage. The program will also address how extra-contractual liability may arise from an insurer's violation of fair claim handling statutes or its waiver of cove... Read More

Bad Faith Insurance Litigation: Scope of Extra-Contractual Damages
Advocating For or Defending Against Consequential and Punitive Damages in First- and Third...
July 22, 2015 CLE CLE On-Demand, Download

This CLE course will discuss the scope of extra-contractual damages in first- and third-party insurance bad faith litigation, approaches taken by different courts and jurisdictions, and arguments for insureds to maximize and insurers to minimize damage awards. The program will focus heavily on recov... Read More

Insurance Bad Faith: Pitfalls for Insurers in the Investigation of Coverage Claims
Strategies for Insurers to Avoid or Mitigate Liability and Policyholders to Prove Bad Fait...
January 14, 2015 CLE CLE On-Demand, Download

This CLE course will provide guidance for counsel to policyholders and insurers to address the complex issues facing parties who either bring or defend against allegations of bad faith by insurers in claims investigations. Read More