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Keep the Claim File from Being Used Against the Insurer

When you're defending an insurer in a coverage dispute or a bad faith action, the claim file can be your best friend or your worst enemy. Do you have the tools to ensure that the insurer's claim file documents proper claims handling practices? Our experienced faculty will explain how to avoid giving plaintiffs ammunition for their case. You'll also learn how to protect as much of the claim file as you can during discovery with effective use of attorney-client privilege and the work product doctrine. Register today!

  • Learn what a legally-defensible claims file looks like.
  • Find out what smoking guns the plaintiff attorney is looking for in the claims file.
  • Discover when the claim file must be produced and what information insurers can withhold.

Session Time: 1:00 PM - 2:30 PM Eastern
Presenter: Michal Meiler

  1. Best Practices for Effective Claims Handling
    1. Insurer's Duty to Investigate
    2. Documents Needed for a Complete Claims File
    3. First Party vs. Third Party Insurance Claims
  2. What Plaintiffs' Lawyers Want
    1. Insurance Claim Denials vs. Other Scenarios
    2. What Plaintiffs' Lawyers Look for, Where They Find It
    3. Evidence to Bolster Bad Faith Cases
    4. Inconsistency
    5. Deleted Electronic Data
    6. Failure to Divide the File
  3. Withholding the Claims File During Litigation
    1. Insured's Right to the File
    2. Work Product and Attorney-Client Privilege
    3. Discoverable Portions of the Claims File
    4. Discovery of Underwriting File and Other Insurance Materials

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