Bad-Faith Claims and Its Impact on Insurance Companies
As plaintiffs' attorneys become increasingly creative in enhancing their efforts to expand an insurer's duty of good faith and fair dealing, some are still swayed to maneuver insurance companies into committing acts that may lead to bad faith. Bad faith set-ups have been in the field since 1985, where Justice Kaus of the California Supreme Court observed: “It seems to me that attorneys who handle policy claims against insurance companies are no longer interested in collecting on those claims, but spend their wits and energies trying to maneuver the insurers into committing acts which the insured can later trot out as bad faith.”
With today's ever changing legal landscape, it is expected that cases involving bad faith set-ups are to increase and occur in the years to come.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will highlight the important features of “Bad Faith Set-Ups” in insurance litigation. Speakers will help the audience analyze and explore the mechanics of set-up allegations. They will also go beyond the basics and provide the audience with an in-depth analysis of the recent case laws addressing this significant topic.
Key topics include:
- The Bad Faith Set-Up
- Legal Primer
- Common Tactics and Red Flags
- Recent Case Law
- Bad Faith Claims and Its Impact on Insurance Litigation
- How to Diagnose a Bad Faith Set-Up
- Best Strategies to Avoid Bad Faith Set-Up Situations
- Practical Tips for Insurers and Insurance Companies
Aaron D. French, Shareholder
Sandberg Phoenix & Von Gontard P.C.
- Recent Statutory Changes– Missouri Tort Reform to Prevent Bad Faith Set-Up
- Should the Insurer Go on the Offensive? – Pros & Cons of Filing a Filing a Declaratory Judgment Action
- Practical Considerations- Split the File to Better Protect Privileged Information
- Communication Is Key In Avoiding Bad Faith Claims
Michael Moline, Attorney
Lommen Abdo, P.A.
- Common law bad faith – hidden risk in “good faith” states, a survey of common law in states without bad faith statutes.
- Property claims and bad faith – unique risks involving stated value policies.
- Bad faith and the SIU – Issues with investigating suspicious claims.
- Duty to the insured – bad faith considerations when defending excess claim
Nelson C. Bellido, Partner
- Ethical Considerations Presented When an Insurer Appointed Attorney Represents The Policyholder in First and Third Party Actions
- Conflicts of Interest and Ethical Dilemmas by Insurer Appointed Counsel
- Does the Insurance Defense Attorney Represent One or Two Clients - the Insured and Insurer? A Look at How Different States, Including Florida Have Addressed this Issue
- Best Practices in Defending the Broad Discovery Permitted in Bad Faith Claims
- Attorney-Client Privilege and Work Product Immunity in Bad Faith Cases
- Attorney's Fees are Often Driving a Runaway Train in Bad Faith Cases - Best Practices on How to Minimize the Impact
Who Should Attend:
- Insurer Counsel
- Insurance Practitioners
- Insurance Companies
Aaron D. French joined Sandberg Phoenix & von Gontard P.C. in 2003. He is admitted to practice law in Missouri and Illinois and represents insurance companies in coverage matters, which often involve allegations of bad faith. He serves as the Business Litigation Practice Group Leader and is a member of the Recruiting Committee.
Mr. French has tried both bench and jury trials and has obtained successful trial verdicts for his clients. He has prepared appeals and argued issues of first impression in the State of Missouri. He is a member of the Defense Research Institute and the Claims and Litigation Management Alliance (CLM); and was also invited to serve as a fellow of the Litigation Counsel of America. Aaron is a frequent contributor to Sandberg Phoenix’s insurance blog found at www.badfaithblog.net.
Aaron D. French joined Sandberg Phoenix & von Gontard P.C. in 2003. He is admitted to practice law in Missouri …
Michael Moline has a national trial practice concentrating on construction defects, products liability, and first-party insurance coverage claims. He has tried more than 50 jury trials to a conclusion and argued more than 500 binding arbitrations over issues ranging from catastrophic building failures to defective product components, mold infestations and bad faith claims. Mike prevailed in the Minnesota Supreme Court on the leading case exploring valued policies and total loss claims. Mike has the experience to analyze cases early to develop an effective litigation plan and budget. Mike is a board certified civil trial advocate by the National Board of Trial Advocacy, he is certified as a Civil Trial Specialist by the Minnesota State Bar Association and is listed as a Minnesota Super Lawyer in the area of construction litigation.
Michael Moline has a national trial practice concentrating on construction defects, products liability, and first-party insurance coverage claims. He has …
Nelson C. Bellido is the partner in charge of the Miami office of ROIG Lawyers. His main areas of practice are in insurance defense, including bad faith and extra-contractual matters, complex commercial litigation, construction litigation, premises liability & negligent security, real estate litigation, and defense of products liability claims. Nelson chairs the firm’s Insurance Fraud Special Investigation (SIU) practice group dedicated to the investigation of complex fraud schemes and unfair and deceptive trade practices on behalf of insurance companies and self-insured businesses. He was recognized as one of three finalists for the 2016 Insurance Attorney of the Year – an award honoring the preeminent insurance defense attorney fighting fraud by the preeminent organization in Florida that is a joint effort by the Division of Insurance Fraud and the Special Investigation Units of the Insurance Industry.
Nelson C. Bellido is the partner in charge of the Miami office of ROIG Lawyers. His main areas of practice …
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Method of Presentation:
Experience in bad faith litigation or insurance law
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About Sandberg Phoenix & Von Gontard P.C.
With over 35 years providing legal services to clients of every size throughout the Midwest and across the country, Sandberg Phoenix & von Gontard is consistently rated as one of St. Louis' top law firms in the areas of Business Law, Business Litigation, Health Law and Products Liability. The firm has earned a Top-Tier 1 ranking in U.S. News & World Report's Best Law Firms national survey in the areas of Commercial Litigation, Medical Malpractice, Professional Malpractice, Personal Injury and Product Liability Litigation.
From nine attorneys in 1979, the firm has grown to over 100 attorneys, whose diverse backgrounds, legal expertise and personal experiences enable Sandberg Phoenix to serve a growing family of clients in a variety of industries. With offices in seven cities throughout the Midwest, its attorneys are uniquely positioned to address the needs of local, national and international clients.
About Lommen Abdo, P.A.
Lommen Abdo offers preeminent insurance coverage, litigation and appellate advocacy throughout the upper Midwest and nationally with offices in Minnesota and western Wisconsin. We identify key legal issues early and establish an efficient and effective strategy. The trial team leverages the appellate group’s expertise, posturing claims for dispositive motions.
About ROIG Lawyers
ROIG Lawyers is a minority-owned litigation firm with a primary focus on Insurance Defense Litigation. We serve as primary counsel for numerous national and regional carriers and corporations related to all aspects of insurance litigation. We have seven offices throughout the state of Florida in Deerfield Beach, Jacksonville, Miami, Orlando, West Palm Beach, Tampa and Tallahassee. For more information about ROIG Lawyers, visit roiglawyers.com.