Insurance Bad Faith Basics

Plaintiff and Defense Perspectives

When will courts hold an insurance carrier liable for bad faith? What is a bad faith set-up, and how should insurers respond? This introductory program will show you how to differentiate between good faith and bad faith conduct. It will also reveal practical tips for evaluating and handling bad faith claims from both plaintiff's and defense perspectives. Lay the foundation for a successful practice - register today!

• Explore real-life examples of bad faith insurance practices.
• Anticipate how bad faith conduct and claims vary based on the type of policy at hand.
• Find out why insurance companies are being sued right now.
• Learn how plaintiff's attorneys can win the tug of war and get discovery from the insurance carrier.
• Examine the efficacy of different defenses to bad faith claims.
• Discover how best to respond to settlement demands and set-up letters.

Agenda

All times are shown in Eastern time.

1. What is Bad Faith?
   10:00 - 10:45, Darren T. Brenner
   1. Duty of Good Faith and Fair Dealing
   2. Duties to Defend and Indemnify
   3. Elements of a Bad Faith Insurance Claim
   4. State Unfair Claims Settlement Practices Acts
   5. First-Party vs. Third-Party Claims
   6. Examples of Bad Faith Insurance Practices
2. Types of Bad Faith Claims and Conduct That Arise Out of Different Policies
   10:45 - 11:30, Dustin T. Woehl
   1. CGL Insurance
   2. Auto and UM/UIM
   3. Life Insurance
   4. Disability Insurance
   5. Health Insurance
   6. Other Insurance
3. Case Law Review and Litigation Trends
   11:45 - 12:30, Scott A. Arthur
4. Bad Faith Litigation - The Plaintiff's Perspective
   1:00 - 2:00, Scott A. Arthur
   1. Preliminary Steps and Considerations
   2. Damages, Demands, Negotiations
   3. Pleading Bad Faith (with Sample Complaint)
   4. Getting Discovery From the Carrier (with Sample Requests)
   5. When and Who to Depose
   6. Overcoming Evidentiary Hurdles
   7. The Bad Faith Trial
5. Bad Faith Litigation - The Defense Perspective
   2:00 - 3:00, Scott A. Arthur
   1. Defenses to Bad Faith Claims
   2. Getting Out of an Unfavorable Court
   3. Bifurcating Coverage and Bad Faith Claims
   4. Other Motion Practice Tips (with Sample Motions)
   5. Discovery - Going on the Defensive
   6. The 30(b)(6) Deposition
   7. Defending Against Bad Faith in Court
6. The Bad Faith Set-Up and Best Practices Reminders
   3:15 - 4:00, Dustin T. Woehl
   1. Demand Letters - Recognizing the Set-Up
   2. Avoiding Set-Ups - Steps You Need to Take
   3. When Claimant or Counsel Refuse to Cooperate
   4. Claim Exceeds Policy Limits
   5. Claim File Documentation Do's and Don'ts
7. Legal Ethics
   4:00 - 5:00, Richard Ernsberger
   1. Meritorious Claims and Contentions
   2. Avoiding Conflicts of Interest
   3. The Tripartite Relationship
   4. Client Communications
   5. Attorney Fees
   6. Preserving Confidentiality