The “Bad Faith Set-Up” in Insurance Litigation: How to Avoid Risks and Legal Pitfalls
Overview:
For the past years, bad faith claims have been added as part of coverage cases against insurers. This "bad faith set-up" provides leverage to plaintiffs because it allows them to use aggressive litigation tactics by creating claims by design. In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent trends and developments surrounding "Bad Faith Set-Up" in Insurance Litigation. Speakers will discuss the mechanisms of “bad faith set-up" in insurance litigation. They will also provide the audience with practical tips and best practices to avoid potential risks and pitfalls.
Key topics include:
- Bad Faith Set-Up in Insurance Litigation: Legal Framework
- Common "Red Flags" in a Bad Faith Set-Up
- Opportunities and Challenges
- Recent Case Decisions
- 2018 Trends, Developments and Updates
- What Lies Ahead
Agenda:
SEGMENT 1:
Edward Currie, Jr., Shareholder
Currie Johnson & Myers, P.A.,
- The Bad Faith Set-Up Generally: “Manufactured Litigation”
- The Importance of Early Recognition of a Set-Up: Typical Fact Patterns
- Third Party Claims
- First Party Claims
- Developing a Responsive Strategy to the Set-Up
- Third Party Claims
- First Party Claims
SEGMENT 2:
Connie Ray Stockham, Shareholder
Stockham, Cooper & Potts, P.C.
First Party Claims
- “Abnormal” bad faith
- Reliance on policy provisions violative of state’s unique laws
- Declaratory judgment action use
Third Party Claims
- Failure to investigate bad faith
- Reliance on statutory limits/caps
- Declaratory judgment action/intervention use
- Reservation of rights – a factor in third party bad faith
- Multi-factorial third party bad faith claims – attention required
SEGMENT 3:
Michelle Burton, Managing Partner
Shoecraft Burton, LLP
Third Party Claims:
- Conveniently timed and premature policy limit demands;
- Suspected collusion between insured and claimant;
- Stipulated judgments in exchange for covenants not to execute.
Frist Party Claims:
- Reasonable repairs provision to increase EMS estimate
- Public Adjuster/attorney letter writing campaign to:
- Requests for denials in writing as to scope disputes
- Appraisal Demands
SEGMENT 4:
Thomas Segalla Esq., Partner
Goldberg Segalla
- Identification of sensitive claims that insurers have to be aware of in today's environment.
- Proactive approaches to minimize risks.
- How can counsel assist insurers in protecting them from bad faith set-ups?
Who Should Attend:
- Insurers
- Insurance Attorneys and Counsel
- Insurance Litigators
- In-House Counsel
- Corporate Risk Managers
- Insurance Claims Professionals
- Insurer Counsel
- Policyholders
- Insurance Practitioners
- Insurance Companies
EDWARD J. “Ned” CURRIE, JR., is a Shareholder at Currie Johnson & Myers, PA, with offices in Jackson and Biloxi, …
Michelle Burton is the Managing Partner of Shoecraft ♦ Burton LLP, a boutique civil litigation firm specializing in complex insurance …
Thomas Segalla is a nationally recognized authority on bad faith, reinsurance, and insurance, an ARIAS-U.S. Certified Arbitrator and mediator, and …
Connie Ray Stockham is the managing partner of Stockham, Cooper & Potts, P. C. of which she was a founding …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
Experience in insurance law
Course Code:
147502
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
2.0 CLE
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SPEAKERS' FIRMS:
About Currie Johnson & Myers, P.A.,
The attorneys of Currie Johnson & Myers, P.A., handle a variety of cases in state and federal courts throughout the State of Mississippi and adjacent states. The firm regularly handles cases involving insurance coverage and bad faith defense, defense of personal injury, property, casualty, premises liability, products liability, medical mal practice, matters pertaining to health care facilities, as well as civil rights actions against local municipalities and counties. The firm also represents clients in defense of employment and discrimination cases. The firm was named as a Top 500 Go To Law Firm for 2013 and 2014. The firm was named as 2013 Law Firm of the Year i n Insurance Law for Mississippi and 2014 Product Liability Law Firm of the Year in Mississippi, by International Law Global Experts. The firm was named as a Best Law Firm by Best Lawyers, Top Tier in the fields of persona l injury defense, medical mal practice-defense and insurance law for the years 20 I 0-2015. The firm has been listed for over 12 years by Best's as a recommended insurance law firm.
Website: https://www.curriejohnson.com/
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 specializes in litigation, complex insurance coverage matters and appeals. Over the years, the firm has successfully defended and prosecuted hundreds of matters on behalf of insurance companies, policyholders, insurance brokers, corporate and individual clients, developers as well as, municipalities and public entities. The firm has particular expertise in defending insurance bad faith matters, fraudulent insurance claims, insurance application fraud, first party defense and third party defense, premises liability actions, errors and omissions claims against insurance brokers and architects and engineers. The firm routinely provides coverage advice on all lines of insurance for insurers, conducts examinations under oath and drafts, and reviews policy language proposed by insurers for potential future coverage issues. The firm also offers risk management services and litigation avoidance strategies to its insurance and corporate clients designed to mitigate litigation costs. Such services include review of claims manuals, underwriting guidelines, Title 10 certification, training seminars on claims handling and errors and omissions and review of corporate insurance programs.
Website: http://www.shoecraftburton.com/
About Goldberg Segalla
Goldberg Segalla is a law firm nearly 300 lawyers strong, with 19 offices spanning nine states (New York, Illinois, Florida, Maryland, Missouri, North Carolina, Pennsylvania, New Jersey, and Connecticut) and in Europe (in London, where it operates as Goldberg Segalla Global LLP). It counsels and protects the interests of regional, national, and international clients, including a number of Fortune 100 companies, in a wide range of industries. Goldberg Segalla handles all forms of dispute resolution and provides proactive legal and regulatory counsel that helps clients minimize and manage risk in a broad array of areas.
Founded in 2001, the firm is proud to be ranked among the top 200 on the National Law Journal’s NLJ 500 list of the largest law firms in the United States. Goldberg Segalla has been recognized by its clients and peers — as well as by the National Law Journal, Law360, Reactions, LexisNexis, the Minority Corporate Counsel Association, and others — for reliability, innovation, commitment to diversity, and prominence in key practices and industries. The firm’s collaborative culture and team-first philosophy have earned it continual placement in national, regional and statewide rankings of the best places to work. To learn more, visit www.GoldbergSegalla.com.
Website: http://www.goldbergsegalla.com/