Procedural Bad Faith Claims Against Insurers: Understanding and Avoiding the Risks; Defenses; Evidentiary Issues
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss when and why an insurer might be exposed to damages for alleged bad faith conduct even if it fully complied with its contractual obligations by paying a claim in full or properly denying it. With more frequent claims, counsel for insurers must understand what type of conduct puts their clients at risk. The panel will review the status of this claim in different jurisdictions, strategies for avoiding the claim, and evidentiary and other issues that may arise in defending or asserting it.
Outline
- Development of procedural good faith
- Recurring fact patterns
- Acts before claim submission
- Acts related to claim assessment
- Conduct during litigation
- Conduct after adjustment
- Defenses
- Evidentiary issues
Benefits
The panel will review these and other pivotal issues:
- Can an insurer's conduct before a claim constitute bad faith?
- Can procedural bad faith claims arise while insurers are still evaluating claims?
- Can conduct that occurs in litigation between the insurer and a policyholder amount to procedural bad faith?
- If so, are defense counsel's files discoverable? Admissible?
- Can denying the policyholder or its third-party assignee access to the claim file be the basis of a procedural bad faith claim?
Faculty
Karin Scherner Aldama
Partner
Perkins Coie
Ms. Aldama focuses her practice on complex insurance recovery matters. She has represented policyholders on a number of... | Read More
Ms. Aldama focuses her practice on complex insurance recovery matters. She has represented policyholders on a number of complex issues, including in successful London arbitrations under the Bermuda Form. In addition, Ms. Aldama has extensive experience with complex commercial and appellate litigation. She has particular practice depth managing privilege law issues, including in the international context and with cross-border disputes.
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Tred R. Eyerly
Director
Damon Key Leong Kupchak Hastert
Mr. Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, Commonwealth of the... | Read More
Mr. Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, Commonwealth of the Northern Mariana Islands and Hawaii. He concentrates his practice on insurance coverage and commercial litigation. Mr. Eyerly is Chair of Hawaii Bar Assoc.’s Insurance Coverage Section and Co-chair of Additional Insureds Subcommittee, ABA Section of Litigation, Insurance Coverage Litigation Committee.
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Anna D. Torres
Founder
TorresVictor
Ms. Torres' experience includes both large firm and boutique firm environments. Her practice has always focused... | Read More
Ms. Torres' experience includes both large firm and boutique firm environments. Her practice has always focused on civil and commercial defense litigation and insurance coverage – including coverage evaluations and litigation, liability defense (premises liability, negligent security, auto/trucking, products liability, wrongful death, etc.), construction defect, fraud, bad faith defense and appellate.
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