The Insurer's Duty to Settle: Bad Faith and Verdicts in Excess of Policy Limits
Navigating the Nuances of the Insurer's Duties and Risk of Bad Faith Claims
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will review the rights and obligations of the policyholder and the insurer regarding settlement, the insurer's liability for verdicts in excess of policy limits, actions insurers can take to reduce exposure to bad faith failure to settle claims, and options for policyholders if the insurer rejects a settlement demand.
Outline
- Scope of insurer's duty to defend and duty to settle
- Insurer's risk of claims for bad faith litigation
- Policyholder remedies when the insurer breaches its duty to settle
- Best practices for insurers to reduce exposure to bad faith litigation
- Options for policyholders when the insurer does not want to settle
- Bad faith failure to settle claims brought by third parties
Benefits
The panel will review these and other key issues:
- What is the scope of an insurer's duty to defend and duty to settle?
- What are the critical factors for insurers when deciding whether to settle within the policy limits?
- What factors do courts typically consider in determining whether a particular settlement demand is reasonable?
- What steps can insurers take to reduce exposure to bad faith litigation?
- What options are available to policyholders who disagree with the insurer's decision not to settle within the policy limits?
- What is the insurers duty to settle where there is no settlement demand?
- How should an insurer approach settlement where there are multiple claimants and low policy limits?
Faculty
Charles Miller
Attorney
Trial Guides
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance... | Read More
Mr. Miller is a licensed attorney in California. Since 1990, his practice has been devoted to insurance law. Prior to 1990, Mr. Miller was employed in the insurance industry for 18 years, where he worked as an insurance claims representative and claims manager. He has been retained in more than 15 states and territories, including Canada, as an expert on insurance industry claims handling practices and standards, as well as on various insurance policy coverage issues.
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Meghan C. Moore
Shareholder
Flaster Greenberg
Ms. Moore represents policyholders in insurance coverage and bad faith litigation in state and federal courts. Ms.... | Read More
Ms. Moore represents policyholders in insurance coverage and bad faith litigation in state and federal courts. Ms. Moore has handled numerous complex cases and tried insurance coverage, negligence and bad faith cases to policyholder verdicts. She is a frequent speaker on insurance law issues.
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Lee S. Siegel
Member
Hurwitz Fine
Mr. Siegel joins Hurwitz & Fine, P.C. as a litigator in the Insurance Coverage Group. He brings 25 years of... | Read More
Mr. Siegel joins Hurwitz & Fine, P.C. as a litigator in the Insurance Coverage Group. He brings 25 years of insurance coverage, bad faith, class action, and defense litigation experience with him. Admitted in New York and Connecticut, Mr. Siegel represents carriers in complex coverage and bad faith matters across the country.
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