Pleading Insurer Bad Faith Claims: Evolving Pleading Standards, Surviving or Filing a Motion to Dismiss
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss pleadings standards for insurer bad faith claims, what plaintiffs must allege to survive a motion to dismiss, and how insurers can leverage tougher pleadings standards to win a motion to dismiss. The program will look at case law developments and how the courts have been applying tougher pleadings standards to bad faith claims and outline best practices for both the policyholder and insurer in pursuing or defending these claims at early motion stage.
Outline
- Pleadings practices for policyholders to survive a motion to dismiss on a bad faith claim
- Insurer strategies to get allegations of bad faith dismissed
- Recent case law developments
Benefits
The panel will review these and other key issues:
- Is the insurer’s disclaimer of coverage enough to state a bad faith claim?
- What facts regarding the insurer’s actions should policyholders include in the complaint to survive a motion to dismiss?
- How can insurers effectively leverage the enhanced pleading requirements to attack the sufficiency of a bad faith allegation?
- What guidance does case law provide on pursuing or defending bad faith allegations at the pleadings stage?
Faculty
Mark Garbowski
Shareholder
Anderson Kill
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with... | Read More
Mr. Garbowski's practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, D&O, fidelity and crime-loss policies, Internet and high-tech liability insurance issues. In addition, Mr. Garbowski is active in the firm's settlement and alternative dispute resolution adjunct to its insurance coverage litigation practice in which he develops computerized insurance allocation models for long-tail claims and other complex insurance models.
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Robert M. Horkovich
Managing Shareholder
Anderson Kill
Mr. Horkovich has obtained over $8 billion in settlements and judgments from insurance companies for his clients. He is... | Read More
Mr. Horkovich has obtained over $8 billion in settlements and judgments from insurance companies for his clients. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities. Mr. Horkovic’s victories include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholder including engaging on several significant projects by the United Nations as its general insurance counsel and the state of California where Anderson Kill served as lead trial in the state's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world). Mr. Horkovich is a frequent author and lecturer on insurance recovery topics.
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Michael J. Needleman
Partner
Fineman Krekstein & Harris
Mr. Needleman is a Partner in the Firm’s litigation section, and handles insurance defense, insurance coverage,... | Read More
Mr. Needleman is a Partner in the Firm’s litigation section, and handles insurance defense, insurance coverage, and employment litigation matters. He has delivered lectures to the insurance industry on various topics, and has taught several CLE classes on a variety of subjects.
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