Learn various ways insurance companies can position themselves for favorable outcomes in bad faith lawsuits by taking the offensive.
As bad faith law develops favorably to insureds across the county, bad faith claims are more and more becoming a part of significant coverage disputes. When defending an insurer against a bad faith claim, is it possible or advisable to go on the offensive? Review the pros and cons of an aggressive defense to a bad faith claim, and explores some of the affirmative steps insurers and their counsel can take to more effectively defend against bad faith claims. Learn tactics useful in pleading and motion practice, discovery, and in trial, including when such tactics work and how they can backfire. Evaluating a turning the tables approach is an important part of any insurance bad faith defense strategy, and practitioners in the area should be aware of the available tactics when developing a strategy.
ï Bad Faith Claims Are Common and Dangerous
ï Insurers Want an Aggressive Defense, but What Does That Look Like When the Bad Faith Claim Is Based on the Insurer's Aggressive Defense?
Turning the Tables in Pleadings and Motions
ï Refocus on Coverage Issues
ï Motions to Dismiss
ï Reverse Bad Faith
Turning the Tables in Discovery
ï Using Fact Discovery Offensively
ï Deposing Plaintiff's Expert
ï Selecting and Defending Your Expert
Turning the Tables at Trial
ï Effect of Juror Biases and Striking the Right Balance
ï Strategy in a Mixed Coverage and Bad Faith Case
David M. Schoeggl with Lane Powell PC
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request.