Preventing Insurer Litigation Conduct From Becoming Evidence of Bad Faith: Avoiding Pitfalls From New Risks
Overcoming the Waning Recognition of Litigation Privilege in Coverage and Bad Faith Litigation
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the increasing phenomenon of having allegations of bad faith against an insurer based on conduct, strategies, and statements made during litigation. The panel will then recommend strategies to minimize the risk of bad faith.
Outline
- Origins and history of the litigation privilege
- Nexus between communication and proceedings
- Qualified vs. absolute privileges
- Exceptions, malice, and cross-jurisdictional issues
- Applying privilege outside of litigation
- Pre-suit
- Post-suit
- Non-litigation situations
- Strategies for avoiding possible denial of privilege or immunity in common scenarios
- Zealous and aggressive prosecution or defense of an insurance company's position
- Claims or defenses pleaded or maintained without sufficient evidentiary basis
- Malpresentation of facts or policy terms
- Failure to produce all relevant requested documents
- Overly aggressive assertion of privilege or work product
- Questionable appeals
- Filing declaratory judgment actions
- Post-suit settlement offers
Benefits
The panel will review these and other key issues:
- What strategies should insurance counsel modify or avoid in order to reduce the risk of having litigation conduct support a claim for bad faith?
- How can an insurer balance having a uniform approach to filing declaratory judgment actions and avoiding being accused of disparate treatment of similar claims?
Faculty
Nicholas P. Arnold
Partner
Blue Williams
Mr. Arnold joined Blue Williams in 2020 as a partner in the Metairie office. He graduated from Louisiana State... | Read More
Mr. Arnold joined Blue Williams in 2020 as a partner in the Metairie office. He graduated from Louisiana State University with a Bachelor of Science in Business Administration. Mr. Arnold obtained a Juris Doctor from Loyola University New Orleans College of Law, where he served as Chairman of the Moot Court Board and was named a member of The Order of the Barristers. He has been in practice since 2008, focusing on general civil defense litigation, including insurance defense, property and casualty litigation, business disputes and advisory work. Mr. Arnold serves on the Board of Directors for the New Orleans Association of Defense Counsel and the New Orleans Claims Association. He is licensed to practice in Louisiana and Texas state courts. Mr. Arnold is also admitted to the United States District Court for the Eastern, Middle, and Western Districts of Louisiana; the Southern District of Texas, and the United States Court of Appeals for the Fifth Circuit.
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Michael Young
Partner
Reichardt Noce & Young
Mr. Young is a litigation partner at Reichardt Noce & Young, LLC in St. Louis, Missouri, with a primary emphasis in... | Read More
Mr. Young is a litigation partner at Reichardt Noce & Young, LLC in St. Louis, Missouri, with a primary emphasis in the practice of insurance law and bad faith. For over twenty years, he has represented insurers in complex insurance coverage and extra-contractual matters at all stages of the claims process. Mr. Young has advised insurers in drafting policy language and claims forms, advocating legislative changes and developing claims best practices. He is a frequent speaker on insurance law and extra-contractual topics, including serving as faculty for educational workshops and other industry training, and has written numerous articles in this field. Mr. Young represents insurer clients throughout Missouri and Illinois.
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