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Practical Insights From Seasoned Insurance Bad Faith Attorneys

Do you know when insurance company conduct amounts to bad faith? Are you aware of the tips, tricks and best practices utilized by both sides of the table? Augment your insurance knowledge with concrete skills you need to handle bad faith cases - from spotting bad faith insurance practices to trial pointers. Enhance your practice - register today!

  • Review the latest insurance bad faith trends and current issues.
  • Spot bad faith conduct in claim investigation, evaluation, denials and settlement practices.
  • Explore "bad faith setups" from plaintiff and defense perspectives.
  • Find out how to gain leverage in disputes over discovery of the claim file.
  • Gain effective questions to ask claims handlers and underwriters during depositions.
  • Delve into negotiation and litigation techniques employed by both plaintiff's and defense counsel.

  1. Is it Bad Faith? Overview of Bad Faith Law
    10:00 - 10:30, Mark D. Malloy
    1. What is Bad Faith?
    2. Duty to Defend and the Duty to Indemnify
    3. Standards of Bad Faith in Different Jurisdictions and Venues
    4. Bad Faith in First Party vs. Third Party Claims
    5. Top Bad Faith Insurance Company Tactics
    6. Duties of Insureds; Reverse Bad Faith
    7. Does the Conduct Amount to Bad Faith? Case Examples
    8. Bad Faith Trends and Current Issues
  2. Insurance Company Insights: Claim Investigation, Evaluation, Denials, Negotiations
    10:30 - 11:15, Mark D. Malloy
    1. Communication Gray Areas - When, How Often?
    2. What the Adjuster Has a Right to Receive
    3. Investigation Timeliness/Adequacy; Being Thorough vs. an Obstructionist
    4. Handling of Forms, Documents and Other Critical Information
    5. Insulating the Claim File From Bad Faith Allegations
    6. Bad Faith Evaluation of Case
    7. Denial of Coverage - Defining "Reasonable" Basis
    8. Bad Faith Negotiating and Settlement Tactics
    9. "Advice of Counsel" Defense and Good Faith
  3. Insurance "Bad Faith Setup": Plaintiff and Defense Perspectives
    11:30 - 12:15, Mark D. Malloy
  4. Discovery, Depositions and Evidence in Bad Faith Cases
    12:15 - 1:15, David P. Hersh
    1. Review of Insurance Policy and Communications
    2. Obtaining Evidence from the Carrier - Process and Procedure
    3. Claim Files: Leveraging or Piercing Privilege Protections
    4. Subpoenaing Claim Files
    5. Reviewing the Claim File, Underwriting Files, Claims Manuals and Personnel Files
    6. Claims Handler and Underwriter Depositions (w/Sample Questions)
    7. Social Media, Emails, Metadata, Privilege Logs, etc.
    8. Evidence Admissible to Establish Bad Faith
    9. Sample Discovery Requests and Responses
  5. The Plaintiff's Side of the Table: Negotiation and Litigation Techniques
    1:45 - 2:45, David P. Hersh
    1. Is the Bad Faith Case Worth Taking?
    2. Bad Faith Demand Letters and Negotiations
    3. Meeting Bad Faith Pleading Requirements
    4. Proving Breach of Duties
    5. Calculating and Quantifying Damages
    6. Selecting and Using Experts in Bad Faith Cases
    7. Traps to Avoid
    8. Proving Bad Faith in Court: Pointers From Voir Dire to Verdict
    9. Applying Key Case Law to Your Case
  6. The Defense's Playbook for Negotiation and Litigation
    2:45 - 3:45, Dustin T. Woehl
    1. Demand Letter Responses - Avoiding Mismanagement
    2. Finding Flaws in the Complaint
    3. Proven Bad Faith Defenses
    4. Negotiation Tactics
    5. How to Get Out of an Unfavorable Court
    6. Bifurcating Coverage and Bad Faith Issues
    7. Challenges to Admission of Claims Professional Testimony and Other Evidence
    8. Defending Against Bad Faith in Court: Pointers From Voir Dire to Verdict
    9. Applying Key Case Law to Your Case
  7. Ethical Considerations in Bad Faith Litigation
    4:00 - 5:00, Dustin T. Woehl
    1. Update: Recent Ethics Cases of Note
    2. Ethical Issues for the Plaintiff's Lawyer
    3. Ethical Issues for the Defense Lawyer

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