Bad Faith Claims and Insurer’s Duty to Settle: All the Things You Need to Know
Over the years, exposure to bad faith claims has become one of the most common but serious risks for insurers, especially when they fail to accept an injured party’s reasonable settlement offer. Dispute between insurers and policyholders over settlement of a valid claim could pose significant challenges. Thus, both parties must be well-aware of their rights and obligations to ward off potential risks. It is also important for insurers to be knowledgeable of the scope of their duty in order to reduce exposure to bad faith litigation.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the important aspects of this significant topic. They will provide an in-depth discussion of Bad Faith Claims and Insurer’s Duty to Settle. Speakers will also offer best practices in developing and implementing effective strategies in handling a bad faith claim.
Some of the major topics that will be covered in this course are:
- Bad Faith Claims – A Legal Primer
- Scope of Insurer’s Duty to Settle
- Risks and Implications
- Strategies in Handling a Bad Faith Claim
- Options and Remedies for Policyholders
- Recent Regulatory Developments
- Best Practices to Reduce Litigation Exposure
Neil S. Lerner, Partner
Cox, Wootton, Lerner, Griffin & Hansen LLP
- The statutory foundation for bad faith claims and the duty to settle
- The regulatory foundation for bad faith claims and the duty to settle
- The case law foundation for bad faith claims and the duty to settle
- How to avoid getting set-up on a bad faith/failure to settle claim
Michelle Burton, Managing Partner
Shoecraft Burton, LLP
- Factors indicating Bad Faith in First and Third-Party Contexts;
- Best Practices to Avoid Bad Faith Claims (i.e. Good Faith Claim Handling);
- Duty to Settle – a 360 Overview;
- Consequences and Remedies for an Insurer’s Failure to Accept a Reasonable Settlement Demand;
- How to Identify and Evaluate a Valid Policy Limits Demand.
Robert I. Siegel, Member
Gieger, Laborde, & Laperouse, LLC
- Duties Owed by Primary and Excess Insurers
- How and When to Place Excess on Notice
- Does A Primary Insurer Owe Duties to the Excess Insurer?
- Impact of Direct Action on Duties Owed by Primary and Excess Insurers
- Critical Evidence in a Bad Faith Refusal to Settle Case: Claim Guidelines, Claim Notes, Defense Counsel Reports
Who Should Attend:
- Insurance Attorneys
- Insurance Companies
- In-House Counsel
- Legal Advisers
- Policyholder Counsel
- Other related/interested Professionals and Organizations
Michelle Burton is the Managing Partner of Shoecraft ♦ Burton LLP, a boutique civil litigation firm specializing in complex insurance coverage, bad faith defense, insurance defense, and professional liability. Ms. Burton has obtained numerous jury trial defense verdicts for her clients against multi-million dollar claims throughout California. In addition to her trial practice, Ms. Burton is a Certified Appellate Specialist and has authored and argued numerous appeals addressing insurance-related matters including Douglas v. Fidelity Insurance Company, the leading case on rescission in California. She was trial and appellate counsel on a case consolidated for oral argument with Lee v. California Capital Insurance Co., the recently-decided case which provides important guidance to appraisers and umpires for appraisals involving a disputed scope. She advocated many of the contentions adopted by the Court of Appeal in its published decision. Ms. Burton provides Fair Claims Training, Good Faith Claims Handling Training, Insurers Obligations to Resolve Claims and Appraisal Training for her clients. She has also been a panel speaker at the Association of Business Trial Lawyers Annual Seminar on “The Use of Social Media in Jury Selection” and “The Use of Technology During Trial.” She has presented at the Combined Claims Conference on the topic of property appraisals and has given webinars on policy rescission and misrepresentation. She is currently the Vice President of the San Diego Chapter of the Association of Business Trial Lawyers, was recognized as a Lawyer of Distinction in 2015 in Civil Litigation and is a Fellow of the American Bar Foundation which is open to one percent of lawyers for their commitment to the legal profession and their community. Ms. Burton was the Media Chair for the Informed Voters Project educating the public about judicial elections and is the President of Run Women Run a Political Action Committee dedicated to the advancement of women in politics. Ms. Burton is frequently asked by media to comment on political and legal issues.
Michelle Burton is the Managing Partner of Shoecraft ♦ Burton LLP, a boutique civil litigation firm specializing in complex insurance …
Neil S. Lerner is a Southern California "Super Lawyer" (2012-2017) who practices maritime and transportation law. He represents insurers in first and third party cases. He is a Partner in Cox Wootton Lerner Griffin & Hansen, LLP, which is a regional law firm, with offices in San Francisco, Los Angeles and Honolulu, serving the Western United States and the Pacific Rim, specializing in maritime and transportation law. He has spoken frequently on rescission as a remedy for insurers to use to combat fraud and has tried several rescission cases to verdict and obtained summary judgment on numerous other ones. He represented Cigna in the landmark Rex DeGeorge rescission case, which federal judge Letts called "the single most incredible story I’ve ever heard from the stand." His book about it, "An Act of Piracy," is under a NY publishing contract. His reported marine insurance rescission cases can be seen at www.transportationlaw.com.
Neil S. Lerner is a Southern California "Super Lawyer" (2012-2017) who practices maritime and transportation law. He represents insurers in …
Rob Siegel is a seasoned trial lawyer, with over thirty seven years of trials in state and federal courts. He is also uniquely qualified in insurance coverage matters, including cases which allege insurance bad faith.
Mr. Siegel is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Fifth, Eighth and Eleventh Circuits, the United States District Courts for the Eastern, Middle and Western Districts of Louisiana, Southern District of Texas and all Louisiana and Texas state courts.
He is a member of the New Orleans and Louisiana Associations of Defense Counsel, and the Defense Research Institute. He holds membership in the Louisiana State and American Bar Associations, and the Federal Bar Association of the Fifth Circuit.
Rob Siegel is a seasoned trial lawyer, with over thirty seven years of trials in state and federal courts. He …
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Method of Presentation:
Experience in corporate or white collar criminal law or insurance law
NASBA Field of Study:
Management Services - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Shoecraft Burton, LLP
Shoecraft ♦ Burton, LLP is a multi-practice boutique civil litigation firm that provides proactive, cost-conscious and aggressive legal services tailored to its clients’ goals. The firm practices throughout California and its lawyers are not only litigation specialists they are litigation strategists. A litigation strategist is a lawyer that is experienced in all aspects of litigation and also understands the appellate process. A litigation strategist possesses an unmatched ability to anticipate legal hurdles up front and to design a litigation plan to overcome those hurdles and successfully maneuver through the pitfalls of litigation.
About Cox, Wootton, Lerner, Griffin & Hansen LLP
Cox, Wootton, Lerner, Griffin & Hansen, LLP is a regional law firm, serving the Western United States and the Pacific Rim, specializing in maritime and transportation law. It has offices in Los Angeles, San Francisco and Honolulu.
About Gieger, Laborde, & Laperouse, LLC
Gieger, Laborde & Laperouse L.L.C. was founded in 1991 by a close-knit group of attorneys with shared values, decades of successful "big firm" experience, and absolute dedication to the success of their clients. More than twenty years of hard work later, we have a stellar track record to show for it.
In courts throughout the Gulf South and around the country, GLL attorneys defend clients as diverse as business itself in matters ranging from class actions to aviation to commercial litigation. Our clients -- and our opponents -- know that we enjoy trial and that we will be meticulously prepared to present our case. We are proud to have earned the business of many who were impressed with our representation of their adversaries.
GLL lawyers also provide transactional and regulatory legal services to our energy industry clients in the areas of mergers, acquisitions, divestitures, title examinations, due diligence, contract review, and general corporate advice. In the last three years alone, GLL attorneys have assisted in transactions worth several billion dollars.
With attorneys and staff members based in New Orleans and Houston, GLL has grown steadily through the years. Still, the firm maintains an atmosphere of openness, individuality, and collegiality. The outstanding talent and commitment of our lawyers and staff are the essence of GLL.