Insurance Coverage and Bad Faith Litigation: Exploring 2018 Opportunities and Challenges
Under the different jurisdictions in the United States, insurance companies are compelled to deal with the legalities of good faith, focusing on insurance contracts, and settling legal disputes that may potentially occur. However, with the current legal challenges, statutory changes, underwriting issues and violations, faced by the insurance industry, serious problems have been brought to liability claims.
With the challenges and misconceptions that may potentially arise when resolving coverage disputes, insurers should be careful in responding to policy limits and settlement demands to avoid potential bad faith claims.
The Knowledge Group assembled a team of thought leaders who will help the audience understand the most important aspects of Insurance Coverage and Bad Faith Litigation. This LIVE webcast will provide an in-depth analysis of the risks and pitfalls on Insurance Litigation. Speakers will also go beyond the basics and help the audience in exploring major opportunities and managing challenges surrounding this significant topic.
Key topics include:
- Insurance and Bad Faith Litigation: Underwriting Issues and Settlement Practices
- Regulatory Violations
- Complex Coverage Issues and Policy Limits in Liability Claims
- Practical Tips: How to Overcome Bad Faith Opportunities and Challenges
- Updates and Developments
Thomas F. Segalla, Partner
Goldberg Segalla LLP
- What is the Current Bad Faith/Good Faith Climate?
- Do the Attitudes of the Insured and Insurer Matter?
- What are the Initial Steps to Avoid Bad Faith?
- Pitfalls for Insurers to Avoid.
- Impact of Reverse Bad Faith, Comparative Bad Faith and Totality of the Circumstances.
Robert S. May, Attorney
Kilmer Voorhees & Laurick, P.C.
- Public adjusters, advocacy-based contractors and attorneys have developed a coordinated and structured method to set insurers up for bad faith.
- This set-up happens at key stages of the loss, including emergency services, hiring experts, the initial scope and cost of repair, loss of use, calculating actual cash value and disputes as to the amount of loss.
- These tactics are specifically designed to create conflict by intentionally prolonging and complicating the insurer’s investigation and give the appearance of incompetence by the adjuster.
- Properly identified and addressed during the adjustment of the loss, insurers can avoid potential extra-contractual liability.
- The well prepared company representative can follow simple tips to avoid being baited into potentially disastrous deposition testimony.
Michelle L. Burton, Esq., Managing Partner
Shoecraft Burton, LLP
- Electronic Discovery Act impacts on insurers and obligations;
- Document Preservation and options for Responding to ESI Discovery requests in bad faith and class action suits;
- Practical internal procedures to put in place to ease the pain of responding to ESI requests;
- Company retention policies and litigation holds.
Who Should Attend:
- Insurance Attorneys and Counsel
- Insurance Litigators
- In-House Counsel
- Corporate Risk Managers
- Insurance Claims Professionals
- Other Related/Interested Professionals
Thomas Segalla is a founding partner of the law firm Goldberg Segalla, and is a nationally recognized authority on bad faith, reinsurance, and insurance, and an ARIAS-U.S. Certified Arbitrator and mediator. Retained as counsel and as a consultant by numerous major insurance carriers and policyholders in more than 40 jurisdictions nationally and internationally, he has also served as an expert witness in more than 100 bad faith, coverage, and extracontractual cases across the country.
Tom is the co-author of Couch on Insurance 3d and editor of the Reinsurance Professional’s Deskbook. He currently serves on DRI’s Publications Board and Barrister Task Force and has previously served as Chair of DRI’s Insurance Law Committee, Chair of its Law Institute, and a member of its Board of Directors. He is also a member of the FDCC, and immediate-past President of the ACCEC. Recently, Best Lawyers in America named him Buffalo Insurance Law "Lawyer of the Year," and the Defense Association of New York presented Tom with its 2014 James S. Conway Award for Outstanding Service to the Defense Community. In 2016, the SUNY Buffalo Law School Alumni Association honored Tom with the Distinguished Alumni Award for Private Practice.
Thomas Segalla is a founding partner of the law firm Goldberg Segalla, and is a nationally recognized authority on bad …
Robert S. May is a partner at the Portland, Oregon law firm Kilmer, Voorhees & Laurick. His practice focuses on serving the insurance industry defending first party bad faith litigation, defense of complex casualty claims and insurance coverage in Washington, Oregon and Idaho. Before attending law school Rob was a property claims adjuster for State Farm.
Rob has tried cases throughout the Northwest in the state and federal courts of Washington and Oregon. In addition to his insurance defense practice Rob represents several Oregon colleges and universities and is a guest lecturer in trial advocacy at the Willamette University College of Law. He has written a number of articles on insurance law and is a frequent presenter for national and local insurance and legal organizations.
Robert S. May is a partner at the Portland, Oregon law firm Kilmer, Voorhees & Laurick. His practice focuses on …
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, regulatory issues, risk management, professional liability, construction and business disputes. 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. 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, misrepresentation, the duty to defend and claims handling issues. She is currently the President of the San Diego Chapter of the Association of Business Trial Lawyers, was recognized by Super Lawyers in 2018, and recognized by Lawyers of Distinction in 2015, 2016 and 2017 in Insurance Civil Litigation. Ms. Burton is also 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 coverage, …
Print and review course materials
Method of Presentation:
Experience in bad faith litigation or insurance law
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Goldberg Segalla LLP
Goldberg Segalla is one of the largest and fastest-growing law firms headquartered in the United States. With more than 325 attorneys in 19 offices strategically located across nine U.S. states and in Europe, the firm advises and defends regional, national, and international clients from a wide range of industries.
The firm’s collaborative culture and team-first philosophy have earned it a spot on the national Fortune 100 Best Medium Workplaces list and continual placement in statewide and regional rankings of the best places to work. The 2017 Law360 400 ranking of the largest U.S. law firms showed Goldberg Segalla to be the firm growing the fastest without taking part in a merger. The firm has also received numerous recognitions for its commitment to diversity, thought leadership, and prominence in key practices and industries that place it alongside or above long-established firms many times its size.
About Kilmer Voorhees & Laurick, P.C.
Kilmer, Voorhees & Laurick is an AV rated law firm established in 1985. In addition to our core insurance defense practice, we specialize in legal malpractice defense, ERISA , construction, business and employment litigation. Most of our attorneys are former partners and practice leaders from large regional defense firms. We have found that a partner-level attorney will consistently provide higher quality legal representation at a lower cost to the client. This concept is particularly effective with complex litigation.
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.