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Advanced Insurance Bad Faith

presented by NBI, Inc.
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Summary

Advanced Insurance Bad Faith

Workshop Description/Agenda

Be the "Go-to" Bad Faith Attorney in Your Area

Are you wanting to dig in deep to the details of a bad faith case? In this inclusive seminar, skilled faculty will guide you through the most hotly contested issues right now in the bad faith arena. Dig deep into multiple claimant issues; skillfully interpret the policy, language and coverage; strategically look at the claims handling process and get tips for red flags to identify - and so much more. Don't let your opponent have the edge - gain insider tips that will take your bad faith litigation skills to the next level. Seasoned veterans will divulge their beyond-the-basics strategies through unforgettable real-life experiences and case examples. Add new techniques to your litigation playbook and get the opportunity to ask faculty your toughest bad faith insurance questions. Register today!

  • Stay up to date on recent case decisions and legislative acts that affect your practice.
  • Gain practical insights and beyond-the-basics tips for handling issues with multiple claimants or defendants.
  • Get insider tips and strategies for discovering the policy and coverage that ensure a favorable outcome for your client.
  • Accurately determine the validity of a claim with surefire discovery tactics.
  • Uncover crucial information during discovery of institutional bad faith to support and prove your case.
  • Find out how the courts are defining terms and language and how to use it to your advantage.
  • Identify key techniques for bad faith experts who could break your case.
  • Use proven methods to maximize/minimize recoverable punitive and bad faith damages.
  • Understand the effectiveness of the reverse bad faith defense and know its alternatives when it's not accepted in court.

Agenda

  1. Oklahoma Bad Faith Law Update and Hotly Contested Claims/Case Law
    9:00 - 9:30, Joseph T. Acquaviva Jr., David Bernstein, and Rick W. Bisher
    1. Trends, New Legislative Initiatives
    2. Hotly Contested Claims and Case Law in Bad Faith
    3. Expert Advice on the Insurance Code and Regulation Update
    4. Privilege and Work Product Doctrine in Bad Faith Litigation
    5. Q&A
  2. Applying the Latest Case Law: Skillfully Interpreting The Policy, Language, Terms and Coverage
    9:30 - 10:30, Joseph T. Acquaviva Jr.
    1. Sample Discovery Requests Directed to the Insurance Company and Adjuster
    2. Was the Duty to Defend Triggered?
    3. Deliberate Misinterpretation of Policy Language
    4. Deny or Disclaim of Coverage
    5. Disclosure of Policy Limits; Explanation of Applicable Provisions
    6. Explanation of Exclusions in the Policy
    7. Reservation of Rights Defense Strategies
    8. Evidence of Excess Verdict Bad Faith
    9. Bad Faith Without Coverage
  3. Issues with Multiple Claimants or Defendants
    10:45 - 11:30, Joseph T. Acquaviva Jr.
    1. Obligations in a Coverage Investigation
    2. Digging Deep into the History of the Claimants (Previous Claims, Financial Status, Etc.)
    3. Common Claimant Pitfalls
    4. Fraud by Insured?
  4. Strategic Discovery of Claims Handling: Secrets Insurance Adjusters Don't Want you to Know
    11:30 - 12:15, Rick W. Bisher
    1. Avoiding Payment of Claim
    2. Failure to Properly Investigate (Proper Procedures, etc.)
    3. Failure to Settle or Resolve Claim; Coercive Tactics to Settle the Claim
    4. Use of Improper Standards to Deny or Denial of Claim
    5. Unreasonable Demands for Proof of Loss
  5. Institutional Bad Faith: Industry Standards, Carrier Compensation Programs, Claims Process, Case Law and More
    1:15 - 2:15, Joseph T. Acquaviva Jr., David Bernstein, and Rick W. Bisher
    1. Discovery of Industry Standards
    2. Policies, Procedures, Guidelines and "General Business Practice"
    3. Carrier Compensation Programs
    4. Carrier and Claim Department Relationship
    5. "Pattern and Practice" Discovery
    6. Advertising/Marketing Documents
    7. Claim Audits, Claims Paid by Carrier
    8. Insurance Carrier Recidivism
  6. Adjuster and Bad Faith Expert Witness Deposition and Examination Tactics
    2:30 - 3:30, Rick W. Bisher
    1. Plaintiff's Lawyer's Ex Parte Communications with the Adjuster
    2. Duties and Obligations Owed by Adjuster/Insurance Company
    3. Training Documents/Training Received
    4. Evidence That Proves Violation of Industry Standards
    5. Malicious/Oppressive/Fraudulent Behavior
    6. Proving Advance Knowledge and Conscious Disregard
    7. Authorization of the Employee's Acts? Repeated Actions?
  7. Bad Faith and Punitive Damages: Tactics to Maximize/Minimize
    3:30 - 4:30, David Bernstein
    1. Contract Damages
    2. Bad Faith Damages
      1. Economic Damage vs. Emotional Distress
      2. Attorneys' Fees
      3. Prejudgment Interest
    3. Punitive Damages
      1. Pleading the Case to Recover Punitive Damages
      2. Repeated Actions
      3. Intentional Malice, Trickery or Deceit
      4. Physical vs. Economic Harm

Who Should Attend

This advanced level program is designed for attorneys. Insurance professionals and paralegals will also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Bad Faith

Training Course Summary: Advanced Insurance Bad Faith


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Live Seminar Dates/Locations

SEP 13    IN OKLAHOMA CITY, OK