Time-Limited Demands for Policy Limits: Avoiding Bad Faith Claims When Evaluating and Responding on Limited Information
Avoiding Improper Rejection or Non-Payment, Reasonableness, Safe Harbors, Building the Case for Summary Judgment on Bad Faith Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel in responding to time-limited demands for payment of the policy limits without drawing a claim for bad faith. The panel will discuss controlling law and statutes, requests that do and do not trigger insurer obligations, safe harbors that may excuse a response, and strategies for summary judgment should a bad faith claim be filed.
Outline
- Essential elements of a policy-limits, time-limited demand
- Standards for evaluation of time-limited demands
- Statutory
- Common law
- Covered vs. uncovered claims
- Safe harbors
- Roadmap to summary judgment if bad faith alleged
Benefits
The panel will review these and other pivotal issues:
- Who can make a time-limited demand, and is client consent required?
- Does the insurer have a duty to settle or a duty to make reasonable settlement decisions?
- Must the demand include any particular information?
- What is the importance of releases, indemnification, and lien treatment offered or omitted from a demand?
- Can the insurer consider coverage defenses or questionable liability when responding?
Faculty
Scott F. Bertschi
Partner
Clyde & Co US
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He... | Read More
Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.
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Rachel E. Hudgins
Counsel
Hunton Andrews Kurth
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders... | Read More
Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders maximize their available insurance recoveries. She has litigated hundreds of insurance coverage and bad faith disputes in state and federal courts across the country and U.S. territories. Yet, as a seasoned litigator, she also recognizes the strategic and financial value of pre-suit resolutions, helping clients navigate risk to maximize their recoveries. Ms. Hudgins has been involved in a wide variety of unique cases, like parasailing-related injuries, fraternity party injuries, blockades at the Indian-Nepali border, mass livestock deaths, exploding e-cigarettes, art provenance investigations, and free-fall drops at county fairs. Her practice spans catastrophic injury claims (premises, workplace, auto, trucking, aviation, environmental, firearm, opioid, extreme sports, and entertainment), property damage disputes (natural disasters and builder’s risk), C-suite subpoenas and investigations, art provenance issues, and trade credit claims.
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Jay M. Levin
Shareholder
Flaster Greenberg
Mr. Levin is a member of Flaster Greenberg’s Insurance Counseling and Recovery and Litigation Practice... | Read More
Mr. Levin is a member of Flaster Greenberg’s Insurance Counseling and Recovery and Litigation Practice Groups, focusing his practice on representing policyholders in disputes with insurance companies involving all types of insurance coverage.
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