Insurance Claim Adjuster Liability for Bad Faith After Denying or Delaying Payments
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the growing trend of policyholder counsel to hold claims agents liable for bad faith when they delay or deny payment other than as required under prompt pay and other statutes as well as under common law theories of bad faith. This trend will substantially influence who is sued in statutory bad faith cases, the venues where such litigation is brought and decided, and various legal questions governing insurers and their employees. The program will explore arguments for and against allowing suits to be brought, for extending liability, and the role of statutory language in the analysis, claims, and defense strategies.
Outline
- Statutory bad faith
- Common law bad faith
- Defense strategies
- Current decisions
Benefits
The panel will review these and other issues:
- What is the rationale for holding adjusters liable for bad faith?
- What triggers bad faith claims against adjusters?
- How is suing adjusters any different than suing the employee tortfeasor in other contexts?
The views presented by Professor Chad Marzen are his alone and are not to be associated, in any capacity, with Florida State University.
Faculty
Professor Chad Marzen
American General Insurance Associate Professor of Insurance Law
Florida State University
Mr. Marzen has taught courses such as The Legal and Ethical Environment of Business, UCC and Law for Accountancy,... | Read More
Mr. Marzen has taught courses such as The Legal and Ethical Environment of Business, UCC and Law for Accountancy, and the Legal and Political Aspects of Insurance.
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Terence M. Ridley
Partner
Spencer Fane
Mr. Ridley focuses his practice on assisting clients in civil litigation related to a variety of insurance matters,... | Read More
Mr. Ridley focuses his practice on assisting clients in civil litigation related to a variety of insurance matters, including property, casualty, construction defect, cyber security, environmental, fidelity, and class actions. When his insurance company clients face bad faith claims and class actions, he works closely with leadership and experts to understand complex issues in order to develop strong defense strategies. Mr. Ridley has handled dozens of insurance cases in the state and federal courts, winning jury trials and appeals, defeating class certification, winning motions to dismiss or for summary judgment, attaining successful settlements, and achieving other successful outcomes for insurers facing substantial financial exposure. He is often called on to rehabilitate cases that have gone awry. Mr. Ridley recognizes that insurance fraud is a major national problem, and when not challenged, hurts all consumers of insurance.
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Nelson A. Waneka
Shareholder
Levin | Sitcoff | Waneka
Mr. Waneka specializes in insurance recovery. He has extensive experience litigating delayed and denied insurance... | Read More
Mr. Waneka specializes in insurance recovery. He has extensive experience litigating delayed and denied insurance claims on behalf of individuals, businesses, and community associations. Mr. Waneka has obtained numerous seven-figure settlements and one of the largest jury verdicts in Douglas County in 2016–$4,742,048.02. He has been instrumental in shaping Colorado insurance law through appeals in both state and federal courts. Mr. Waneka also serves as an expert witness on insurance bad faith and claims handling practices.
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