Evaluating Time-Limited Demands: Insurer Best Practices for Avoiding Bad Faith When Formulating a Response
Common Themes in Time-Limited Demands, Bad Faith Traps to Avoid, Tried and True Approaches
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will offer attorneys advising insurers recommendations and best practices for evaluating whether a time-limited demand triggers the insurer's duty to settle and then propose best practices for formulating a response that demonstrates the insurer's good faith. The program will identify common characteristics of time-limited demands, address less than obvious bad faith traps to avoid, and offer some tried and true approaches for acting in good faith and being able to demonstrate it.
Outline
- Common characteristics of time-limited demands
- Spotting bad faith setups
- Creating a record of receipt of all communications about the demand
- Evaluating the substance of the demand letter
- Insured status
- Policy limits
- Inclusion of necessary elements
- Who made the demand and whether all claimants included
- Representation of all claimants by counsel
- Standing to make the demand
- Additional conditions in the demand
- Investigation of the liability and damages issues
- Standards for duty to settle
- Covered vs. uncovered claims
- Coverage defenses
- Drafting a response to demonstrate good faith
- Real life examples
Benefits
The panel will review these and other key issues:
- What happens if the insurer has the sole right to settle?
- Does the insurer have a duty to settle or a duty to make reasonable settlement decisions?
- Can the insurer consider coverage defenses or questionable liability when responding?
- Are there things insurers should never do?
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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Rachel E. Hudgins
Counsel
Hunton Andrews Kurth
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders... | Read More
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders maximize their available insurance recoveries. She has litigated hundreds of insurance coverage and bad faith disputes in state and federal courts across the country and U.S. territories. Yet, as a seasoned litigator, she also recognizes the strategic and financial value of pre-suit resolutions, helping clients navigate risk to maximize their recoveries. Ms. Hudgins has been involved in a wide variety of unique cases, like parasailing-related injuries, fraternity party injuries, blockades at the Indian-Nepali border, mass livestock deaths, exploding e-cigarettes, art provenance investigations, and free-fall drops at county fairs. Her practice spans catastrophic injury claims (premises, workplace, auto, trucking, aviation, environmental, firearm, opioid, extreme sports, and entertainment), property damage disputes (natural disasters and builder’s risk), C-suite subpoenas and investigations, art provenance issues, and trade credit claims.
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Jonathan R. Walton
Partner
BatesCarey
Mr. Walton serves as coverage and litigation counsel to domestic and international insurers in a variety of complex... | Read More
Mr. Walton serves as coverage and litigation counsel to domestic and international insurers in a variety of complex insurance coverage matters, including third-party and first-party coverage matters. He regularly provides his clients with comprehensive coverage analysis in coverage disputes involving primary and excess general liability, professional liability, admiralty, and first-party property claims. Mr. Walton also has experience litigating contested coverage cases relating to the pharmaceutical industry, including regulatory investigations and proceedings and multidistrict litigation, as well as matters involving opioid litigation, sexual harassment claims, property damage claims and coverage issues arising from construction defects and construction site accidents. He also has experience litigating issues relating to late notice, relatedness of claims, allocation and the scope of the insurer’s duty to defend.
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