Summary Judgment in Tag-Along Bad Faith Cases: Defending a Bad Faith Claim as a Matter of Law
Testing and Enforcing Contestability Clauses and Insurer's Right to Investigate Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide critical insight to counsel for insurers facing tag-along bad faith claims on how to position a case for summary judgment. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proffers to support summary disposition of bad faith allegations, notwithstanding unresolved factual issues.
Outline
- Overview of bad faith claims
- Essential elements
- Burden of proof
- Common defense strategies
- Summary judgment
- Current case law
- Burden of proof
- Jurisdictional considerations
- Potential alternative relief
Benefits
The panel will review these and other key issues:
- How can insurers leverage their clear right to challenge coverage in support of summary disposition of bad faith claims?
- How can counsel use admissions and information submitted in support of a claim to bolster arguments supporting summary judgment?
- What kinds of evidentiary deficiencies identified during discovery can help strengthen counsel's argument for summary judgment?
Faculty
Richard W. Boone, Jr.
Partner
Wilson Elser
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both... | Read More
Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.
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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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Siobhán Mueller
Of Counsel
Wilson Elser
Ms. Mueller concentrates her legal practice on insurance coverage and defense litigation. She has vast experience in... | Read More
Ms. Mueller concentrates her legal practice on insurance coverage and defense litigation. She has vast experience in the area of insurance coverage, notably acting as coverage counsel for leading primary and excess domestic and international insurers with respect to complex insurance coverage matters. Ms. Mueller's areas of specialization include, but are not limited to, directors and officers liability, errors and omissions liability, lawyers professional liability, employment practices liability, cyber liability and miscellaneous professional liability. She also has experience acting as defense counsel to insurers in complex insurance coverage litigations in state and federal courts nationwide. Ms. Mueller has litigated bad faith claims in numerous jurisdictions. She represents lawyers in legal malpractice cases, corporate directors and officers of large and small companies, and entities in data breach class actions, among others. Ms. Mueller's practice evaluates all aspects of claim analysis, settlement valuation and litigation assessment, focusing on prompt exposure reporting and efficient resolution.
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