When Is It Really "Bad Faith"?
This seminar will provide you with the cutting-edge knowledge and concrete skills you need to avoid the traps and reach your goal in the next bad faith case. Whether you're counsel for the plaintiff, the defense or are an insurance professional trying to prevent bad faith claims, you won't find instruction this practical anywhere else. Register today!
- Get a crucial review of bad faith elements, including the different types of claims and the remedies associated with them.
- Clarify recent legislative acts and integrate new findings into your case to help you win.
- Sort through the related causes of action like breach of contract and fraud to accurately determine the validity of the claim.
- Know exactly how to work with experts so they help - not hurt - your case.
- Cover all the bases when requesting production of discovery - and get all the facts you need to support and prove your case.
- Benefit from the speakers' extensive experience in choosing and deposing witnesses - learn what questions to ask to turn a witness into an advocate for your side.
- Make ethics a non-issue in your practice by following accepted ethical tenets.
- Analyze discovery strategy from both the plaintiff's and defendant's point of view and gain a perspective that will help you build a winning trial strategy.
- Master pre-trial and trial strategies that will give you new confidence and a clear advantage when dealing with claims.
- Discover what insurance professionals can do to proactively prevent bad faith.
- EMERGING ISSUES AND CURRENT LAWS
9:00 - 9:45, Christopher P. Graham
- Legislative Overview
- New Case Law Development
- Other Emerging Issues
- EVALUATING THE CLAIM
9:45 - 10:30, Christopher P. Graham
- First-Party Claims
- Third-Party Claims
- Exploring Related Causes of Action
- What to Consider When Figuring Damages
- THE ANATOMY OF A BAD FAITH CLAIM
10:45 - 11:45, D. Duff McKee
- Three Essential Tiers - Breach Under the Policy; Absence of Good Faith; Presence
of Bad Faith
- First Tier: Breach of Contract - A Failure to Perform Under the Terms of the Policy
- Second Tier: The "Absence" of Good Faith
- Third Tier: The Presence of Bad Faith - Punitive Damages
- DEVELOPMENT OF THE CASE
12:45 - 1:45, D. Duff McKee
- Examination of Policy
- Tactical Decisions of When to Start Litigation, and How Much to Allege at Outset
- Discovery Considerations
- Expert Witnesses
- CONSIDER THE ETHICAL CONSEQUENCES: IT'S LEGAL, BUT IS IT RIGHT?
1:45 - 2:30, Richard L. Stubbs
- Protect the Attorney-Client Privilege
- How the Advice of Counsel Defense Can Become an Issue
- The Ethical Pitfalls in Contacting Witnesses
- SUCCESSFUL COURTROOM STRATEGIES
2:30 - 3:15, Richard L. Stubbs
- Evaluate Your Options for Summary Judgment
- Clarify Common Misconceptions About Motions
- Voir Dire: The First Essential Step in Winning the Case
- What You Must Accomplish in Opening and Closing Statements
- How to Create an Order of Witnesses
- What to do When You Have a "Bad" Witness
- Guidelines for Using Discovery and Evidentiary Issues
- Handling Post-Trial Procedures and Appeal
- AVOIDING BAD FAITH CLAIMS FOR THE INSURANCE PROFESSIONAL: COMPLYING WITH THE UNFAIR CLAIM SETTLEMENT PRACTICES ACT
3:30 - 4:30, Ben Ritchie
This basic-to-intermediate level seminar is designed to help professionals involved in insurance disputes avoid bad faith claims, or successfully defend against them in court. The program will benefit:
- Claims Adjusters
- Claims Managers
- Risk Managers
- Insurance Agents