Bad Faith Litigation and Insurance Coverage: Best Practices and Strategies You Should Consider
The deposition of a claim handler is very significant to an insurance coverage dispute, especially in the field where there are bad faith allegations.
An insurance policy is expected to protect the insured financially, especially when unexpected events occur. However, in many cases, the insurer denies the claim, agrees to pay only a portion of the claim, or delays payment for months or even years. The insurer that is proven to have acted in this bad faith will be liable for damages in excess of the policy limits. Exemplary damages in bad faith cases are often determined not just by addressing the insured's actual loss but also the wealth of the insurer.
In this LIVE Webcast, seasoned insurance trial lawyers Michelle Burton (Shoecraft Burton, LLP) and Mindy G. Barfield (Dinsmore & Shohl LLP) will provide the audience with an in-depth analysis of the fundamentals as well as recent developments in Bad Faith Litigation and Insurance Coverage. Listen as our speakers discuss the best practices and strategies for taking or defending bad faith cases and presenting the important issues surrounding this significant topic.
Key topics include:
- Bad Faith Litigation – Overview
- Bad Faith Claims
- Bad Faith vs. Policy Interpretation
- Punitive Damages in Bad Faith
- Insurer Strategies
- Duties of Insurers to Insured
- Best Practices and Strategies
Mindy G. Barfield, Partner
Dinsmore & Shohl LLP
- The ways in which the timeliness and thoroughness of entries into the claim notes can support an insurer’s defense to bad faith contentions;
- The ways in which an adjuster’s failure to timely or properly document the claim file can serve as fodder for plaintiffs pursuing a bad faith claim.
- How the reserves or evaluation/negotiations should be documented in the claim file and how they can be used to support or defend bad faith claims.
- Helpful hints about the production of the claim file in bad faith litigation – including how to address privileged communications.
Michelle Burton, Managing Partner
Shoecraft Burton, LLP
- Timely and appropriate communication with insureds and their representatives;
- Conducting a thorough investigation of the claim including use of recorded statements, EUO’s and retaining qualified experts;
- Evaluating coverage, defending under reservations of rights and drafting solid coverage denials;
- Recent decisions impacting claims handling.
Who Should Attend:
- Insurance Lawyers
- Insurance Agencies
- Insurers and Policyholders
Mindy practices in the area of complex commercial litigation with a focus on defending clients in contract-related and business torts litigation (breach of fiduciary duty, fraud, misrepresentation, conversion, interference with prospective advantage or contractual relationship) and in complex insurance coverage and bad faith litigation arising from the handling of claims under all variety of insurance coverages. She is regularly listed in Kentucky Super Lawyers for Commercial Litigation and Best Lawyers, including as Best’s Lawyer of the Year – Defense for both Mass Torts and Class Actions and Bet the Company Litigation. She is also listed in Benchmark Litigation’s Top 250 Women Lawyers in America. Ms. Barfield is a member of the Litigation Council of America. She has served as President of the Fayette County Bar Association, the Fayette County Bar Foundation and currently serves on the Kentucky Bar Association’s Board of Governors which is its governing body.
Mindy practices in the area of complex commercial litigation with a focus on defending clients in contract-related and business torts …
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, professional liability, and regulatory compliance. 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 the leading case on rescission in California. She has served as the President of the San Diego Chapter of the Association of Business Trial Lawyers (2018) and has been recognized as a Lawyer of Distinction in Civil Litigation (2015-2019), Super Lawyer (2018-2019), Avvo Top-Rated Lawyer (2018) and in Lawyer Monthly’s Women in Law Awards (2018). She is also a Fellow of the American Bar Foundation, an honor open to only one percent of lawyers, for her commitment to the legal profession and her community.
Michelle Burton is the Managing Partner of Shoecraft ♦ Burton LLP, a boutique civil litigation firm specializing in complex insurance …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
General knowledge of business insurance
NY Category of CLE Credit:
Areas of Professional Practice
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About Dinsmore & Shohl LLP
Dinsmore is a national law firm with offices in 26 cities in 12 states, including District of Columbia and spanning from Boston to San Diego. Its motto is Accomplish More. Striving for the highest levels of professionalism, skill, and accountability, Dinsmore challenges its members to be better attorneys and higher achievers for its clients. Today's full-service practice continues to live up to the standards established by Dinsmore’s founding partners over a century ago: efficient, cost-effective, and comprehensive solutions for clients.
The firm’s commitment to quality service extends from its highly skilled attorneys to its experienced professional staff. By building relationships based on trust, communication, and responsiveness, Dinsmore tailors its service to ensure its clients’ current needs are met while also anticipating their future needs... enabling them to accomplish more.
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 just litigation specialists but litigation strategists experienced in all aspects of litigation and the appellate process. Shoecraft ♦ Burton, LLP lawyers possess an unmatched ability to anticipate legal hurdles upfront and design a litigation plan to overcome them as they successfully maneuver through the pitfalls of litigation.