Insurance Bad Faith: Hot-Button Issues and New Case Law October 10, 2020

Program Description

Course Content

1. Case Law Updates: Insurers’ Duties and Evolving Theories of Liability
2. Discovery in Bad Faith Litigation: Current Issues
3. Individual Liability for Adjusters and Other Recent Developments
4. Bad Faith Set-Ups and More: Present-Day Pitfalls and Best Practices

Agenda / Content Covered

1:00 PM to 4:15 PM Eastern Standard Time

1:00 – 2:30, Tamer Botros

1. Case Law Updates: Insurers’ Duties and Evolving Theories of Liability
   1. Duty to Investigate: What Constitutes an Appropriate Investigation?
   2. When Does Failure to Cooperate Allow Insurers to Disclaim Coverage?
   3. Duty to Defend: Failure to Defend Policyholder in Good Faith
   4. Duty to Indemnify: Evaluating Bad Faith in a Settlement Context
   5. Recent Plaintiff-Friendly and Defense-Friendly Decisions
2. Discovery in Bad Faith Litigation: Current Issues
   1. Discoverability of Privileged Files
   2. Updates on Institutional Bad Faith and Top-Down Discovery
   3. FRCP: Applying Proportionality in Discovery
   4. E-Discovery Developments

2:45 – 4:15, Eric J. Neal

3. Individual Liability for Adjusters and Other Recent Developments
   1. Personal Liability of Insurance Adjusters
   2. Post-Litigation “Continuing” Bad Faith
   3. The ALI’s Restatement of the Law, Liability Insurance and Bad Faith Cases
   4. Other Current and Emerging Trends
4. Bad Faith Set-Ups and More: Present-Day Pitfalls and Best Practices
   1. Anticipating Key Areas of Exposure
   2. Mistakes Insurers Are Making Right Now
   3. Bad Faith Set Ups: The Latest Tactics and Red Flags
   4. Bad Faith Risk Mitigation: Documentation and Other Best Practices