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Bad Faith Litigation: Discovery of Claims Management Goals and Adjuster-Performance Incentives

Requesting and Objecting to Insurance Company Financial Targets, Goals, Plans, Measurements, Milestones, or Incentives

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 13, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the discovery of claims management goals and adjuster performance incentives in bad faith insurance litigation. The panel will discuss when and why this information is relevant, what kinds of requests are appropriate and how to make them, what objections are likely to be raised, and what makes them succeed or fail.

Description

A plaintiff often contends that its claim was denied in bad faith because the adjustor who handled the claim had a financial incentive to deny legitimate claims. Courts have found that whether insurers have arbitrary goals for reducing claims or whether salaries and bonuses are paid for doing so are relevant to whether an insurer acted unreasonably and was aware of it.

In the era of runaway verdicts, this information can have a powerful effect on the jury. Discovery requests typically ask for targets, goals, plans, measurements, milestones or incentives, budgets, goals, financial measurements, and financial results. Insurers frequently object on a number of predictable grounds and may have valid concerns over the scope of the requests or how responses are to be produced. Once produced, it may be difficult to keep the data in context.

Listen as this preeminent panel of insurance litigators discusses the discoverability of claims management goals and adjuster performance incentives in bad faith insurance litigation and how recurring objections can be defeated or sustained.

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Outline

  1. Relevance of requests on financial incentives
  2. Permissible scope of requests
  3. Form of production issues
  4. Objections

Benefits

The panel will consider these and other key issues:

  • Is it necessary to seek punitive damages before discovery of financial information is allowed?
  • What kind of temporal or geographic limits may be reasonable for these types of requests?
  • What are typical requests and objections?
  • In what format should the information be produced and who decides that?

Faculty

Dinneen, Susan
Susan E. Dinneen

Founding Member
Strauss Massey Dinneen

Ms. Dinneen is an experienced litigator and advisor, defending her insurance company clients against fraud,...  |  Read More

Jacobus, Alan
Alan P. Jacobus

Attorney
Alan P. Jacobus, Attorney at Law

Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage...  |  Read More

Thomas, Janeen
Janeen M. Thomas

Of Counsel
Saxe Doernberger & Vita

Ms. Thomas uses her over 20 years of experience in the insurance industry to solely advocate on behalf of policyholders...  |  Read More

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