Discovery in Bad Faith Insurance Litigation: Key to Successfully Proving or Defending Claims
Navigating Scope of Discovery, Document Production, and Joint Client Exception to and Implied Waivers of Privilege
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss unique discovery requests that arise when a policyholder argues that its insurer's investigation and subsequent denial of its claim was arbitrary, capricious, and undertaken "in bad faith." The webinar will cover what information to request, how to request the information in written discovery in a way that makes boilerplate objections look frivolous, and how insurers can demonstrate that overly broad requests for materials related to other claims are improper.
Outline
- Plaintiff perspective
- Identifying conduct giving rise to bad faith claim
- Identifying sources of documents, information, and testimony
- Defense perspective
- Limiting the scope of the plaintiff's discovery
- Identifying documents and testimony to refute claims
- Other relevant issues
- Attorney-client privilege
- Work product
- Punitive damages
- Expert witnesses
Benefits
The panel will review these and other key issues:
- What is discoverable, and how can one limit or best manage discovery?
- What role does the attorney-client privilege play in shielding disclosures?
- Can the plaintiff use expert witnesses to prove the claim?
- What are the limitations on an expert's testimony?
- What are the cost issues to consider--and can cost-shifting be implemented?
Faculty
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
Ms. Dinneen is an experienced litigator and advisor, defending her insurance company clients against fraud, extra-contractual/bad faith claims, catastrophe claims, and coverage disputes. She has obtained multiple zero verdicts for her clients in both bench and jury trials and has authored state and federal court appellate briefs that resulted in favorable rulings for the insurance industry. She represents large companies in affirmative actions and has partnered with insurers to coordinate institutional discovery in large-scale hurricane litigation. She also represents local businesses on intellectual property and other matters.
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Marshall Gilinsky
Shareholder
Anderson Kill
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive... | Read More
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. His insurance coverage practice is focused on property insurance, commercial general liability insurance, directors' and officers' (D&O) insurance, captive insurance and reinsurance issues.
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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
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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