Master the Basics
When is an insurer really acting in "bad faith"? What can you do about it? This program will break down bad faith law and give you concrete skills for handling a case from initial evaluation to trial. Whether you're counsel for the plaintiff, the defense, or are an insurance professional trying to prevent bad faith claims, this program has the real-world guidance you need. Register today!
- Explore the elements and defenses of first vs. third party bad faith claims.
- Learn how to evaluate the bad faith claim - does it have merit?
- Gain tips for making your pleadings and motions stick.
- Tailor your discovery efforts to yield critical evidence.
- Improve settlement results with practical negotiation and mediation pointers.
- Discover trial insights that could be the difference between losing and winning.
- Explore hot-button issues that counsel and courts are grappling with right now.
All times are shown in Eastern time.
- Introduction to Bad Faith Law
11:00 - 11:30, Mark D. Malloy and Steven L. Miracle
- The Duty of Good Faith and Fair Dealing
- The Historical Development of "Bad Faith" Claims
- Common Law Claims vs. Statutory Claims
- Federal Law vs. State Law
- First-Party vs. Third-Party Bad Faith
11:30 - 11:45, Mark D. Malloy and Steven L. Miracle
- What is the Difference?
- First-Party Elements and Defenses
- Third-Party Elements and Defenses
- Increasing Conflation of First-Party and Third-Party Concepts
- Consent Judgments and Assignments
- Pre-Suit Claim Handling Issues
11:45 - 12:15, Mark D. Malloy and Steven L. Miracle
- Determining Coverage and Reserving Rights
- Evaluating the Claim
- Pleadings Issues
12:30 - 12:45, Mark D. Malloy and Steven L. Miracle
- Causes of Actions
- Removal to Federal Court
- Direct Actions Against Individual Adjusters
- Counsel as Witness
- Coverage Considerations
- Motions in Bad Faith Litigation
12:45 - 1:15, Mark D. Malloy and Steven L. Miracle
- Motion to Dismiss
- Motion to Bifurcate and Stay Bad Faith
- Motion for Summary Judgment
- Discovery and Depositions
1:15 - 2:00, Mark D. Malloy and Steven L. Miracle
- Discovery Strategy - Plaintiff vs. Insurer Perspectives
- Attorney-Client Privilege and Work-Product Doctrine
- Claim Files and Underwriting Files
- Insurer Reserves
- Claims Manuals and Guidelines
- Institutional Bad Faith Discovery
- Depositions of Adjusters and Representatives
- Damages, Mediation and Settlement
2:30 - 3:15, Mark D. Malloy and Steven L. Miracle
- Tort, Statutory and Contract Remedies
- Available Damages
- When Does Bad Faith Warrant Punitive Damages?
- Conditioning Settlement on Release of Bad Faith Claims - Is it Bad Faith?
- Admissibility of Statements Made at Mediation in Later Bad Faith Lawsuit
- Tips for Negotiating and Mediating a Bad Faith Claim
- Trial Insights
3:15 - 3:30, Mark D. Malloy and Steven L. Miracle
- Taking the Bad Faith Claim to Trial
- Motions in Limine
- Specific Issues
3:45 - 5:00, Mark D. Malloy and Steven L. Miracle
- The Insurer's Failure to (Timely) Reserve Rights
- Bad Faith in the Absence of Coverage
- Bad Faith with Covered and Uncovered Claims
- Bad Faith in Cases with Multiple Defendants
- The Duty to Settle Third-Party Claims with Punitive Damage Claims against the Insured
- Bad Faith in Cases with Self-Insured Retentions or Declining Limits Policies
- Bad Faith "Set Up"
- Responding to "Request for Comfort"/"Hammer" Letters
- Advice of Counsel
- Comparative Bad Faith by Multiple Insurers
- Legal Ethics
5:00 - 6:00, Mark D. Malloy and Steven L. Miracle
- The Tripartite Relationship
- Multi-Party Representation
- The Duty to Communicate
- Reasonable Attorney Fees
- Preserving Client Confidences
This program is designed for attorneys. Insurance professionals and paralegals may also benefit.