Navigating Bad Faith Claims by Non-Insureds (“Third-Party Bad Faith Claims”): Differing State Laws and the New ALI Restatement of the Law of Liability Insurance
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the rights and obligations of insurers, policyholders, and non-insureds in circumstances where a non-insured asserts an insurance bad faith claim against an insurer. The parties’ rights and obligations vary markedly from jurisdiction to jurisdiction. Our panel will address the viability of bad faith claims by non-insureds, strategies for defending against and recovering on such claims, and the current and varied status of statutory and case law in representative jurisdictions.
Outline
- Overview
- State laws and recent developments
- ALI 2018 Restatement of Liability Insurance
- Policyholder perspectives
- Insured perspectives
- Best practices and practical strategies
Benefits
The panel will review these and other key issues:
- Which states allow statutory non-insured or third-party bad faith claims?
- Which jurisdictions allow common law non-insured or third-party bad faith suits?
- What are the elements that support a claim of a non-insured or third-party bad faith?
- What are the insurers’ and the policyholders’ obligations?
- What are effective methods for a non-insured to prove an action for non-insured or third-party bad faith, and what are the insurers’ best defenses to such claims?
- What are the most recent cases affecting these types of claims?
- What impact has the ALI’s 2018 Restatement of Liability Insurance had on third-party bad faith litigation?
Faculty
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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Bradley A. Levin
Shareholder
Levin Sitcoff Waneka
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad... | Read More
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes, representing corporate and individual policyholders alike. He argued the leading Colorado case concerning pre-judgment assignment agreements to the state supreme court. Mr. Levin lectures frequently on insurance law topics.
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Raymond A. Mascia, Jr.
Shareholder
Anderson Kill
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on... | Read More
Mr. Mascia’s practice concentrates in commercial litigation and insurance coverage litigation exclusively on behalf of policyholders. He has extensive experience in insurance coverage matters in state and federal court involving general liability, professional liability, and property insurance. Mr. Mascia is a frequent author and lecturer on a variety of insurance law topics.
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Michael S. Saltzman
Partner
Goldberg Segalla
Mr. Saltzman concentrates his practice in insurance coverage and defense, commercial litigation, construction,... | Read More
Mr. Saltzman concentrates his practice in insurance coverage and defense, commercial litigation, construction, contracts, surety, trucking, products liability, and professional liability claims, including errors and omissions. He has extensive experience representing insurers in complex first-party property claims, and he has handled several pharmacy malpractice matters on behalf of independent pharmacies. Mr. Saltzman is a frequent speaker at seminars dealing with bad faith litigation and other insurance-related issues.
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