Reducing Insurers’ Bad Faith Litigation Exposure in Reasonable Settlement Offers
In settling underlying claims, disagreement and dispute between the policyholder and its insurer commonly emerge. Insurers face the risk of being exposed to bad faith claims and liability when they decline an injured party’s reasonable settlement offer. Insurers and their counsel must be well-versed with the scope of the duty to settle, the commonly used tactics, and the available options to be able to avoid bad faith situations, or at the very least, be equipped with a winnable defense.
In this two-hour LIVE Webcast, a panel of key thought leaders and professionals assembled by The Knowledge Group will offer best strategies in Reducing Insurers’ Bad Faith Litigation Exposure. The panel will also provide the audience with an in-depth analysis of Bad Faith Litigation in Reasonable Settlement Offers.
Key topics include:
- Bad Faith Claims – A Legal Primer
- Duty to Defend and Duty to Settle
- Commonly Used Tactics
- Legal Options for Insurers
- Best Practices to Reduce Litigation Exposure
Martin, Disiere, Jefferson & Wisdom
Currie Johnson & Myers, P.A.,
Overview of Good Faith Requirement and State-Law Variations
Case Studies: Sensitive Claims and Minimizing Risk
- States Requiring Good Faith Offers To Be Made by Insurers
- Policy Limit Demands
- Time Limit Demand Letters
- Damages – Realistic or Not Exceeding Policy Limits
- Uniform Claims Handling Guidelines
- Multiple Claims and Insufficient Limits
Lessons To Be Drawn From Case Studies
Who Should Attend:
- Insurance Attorneys
- Insurance Companies
- In-House Counsel
- Legal Advisers
- Policyholder Counsel
- Other related/interested Professionals and Organizations
Wayne Pickering is a partner in the Houston law firm of Martin, Disiere, Jefferson & Wisdom, L.L.P. Mr. Pickering was born in Lawrenceville, Illinois, and attended Eastern Illinois University in Charleston, Illinois, graduating in 1978 with a Bachelor of Science in Business. He worked in the oil industry from 1978 - 1989 as an accountant, financial analyst, and operations analyst. While continuing to work full time, Wayne attended the University of Houston Law Center and obtained his Doctor of Jurisprudence degree in December 1989. He has been licensed since early 1990, and has been engaged primarily in a litigation defense practice since that time.
Mr. Pickering’s legal experience includes many years of experience at both the trial and appellate level in numerous facets of insurance litigation. He has handled numerous cases involving coverage issues, “bad faith” claims, and other Texas statutory and common law extra-contractual claims, as well as litigating professional liability claims against insurance agents, brokers and claims adjusters. Mr. Pickering also has authored or co-authored numerous articles and has edited treatises in the field of insurance law, including “Cornell’s Texas Annotated Insurance Code” (2008 – 2014 editions); “Texas Surplus Lines Regulations – Recent Legislation;” “Lessons Learned from Hurricane Ike;” “Don’t Take ‘No’ For An Answer: A Discussion of Recent Cases From the Supreme Court of Texas Affecting Your Rights As A Policyholder;” and “Overview of Insurance Agents’ and Brokers’ Errors & Omissions Liability.”
For more information on Mr. Pickering’s experience and publications, please refer to his firm’s web site at: http://www.mdjwlaw.com/professionals-P-Wayne-Pickering.html
Wayne Pickering is a partner in the Houston law firm of Martin, Disiere, Jefferson & Wisdom, L.L.P. Mr. Pickering was …
Thomas F. Segalla is a founding partner of Goldberg Segalla, where he is a Co-Chair of the firm’s Global Insurance Services Practice Group and resides in its Buffalo office. An internationally recognized authority on insurance, reinsurance, and bad faith, he has been retained by major insurance carriers and policyholders in more than 40 jurisdictions internationally and has served as an expert witness in more than 100 bad faith, coverage, and extracontractual cases across the country. Tom is the co-author of the renowned insurance law treatise Couch on Insurance 3dand editor of the Reinsurance Professional’s Deskbook published this year by Thomson Reuters and DRI. He was the founding President of the American College of Coverage and Extracontractual Counsel (ACCEC), of which he led the formation in 2012 to improve the quality of the practice of insurance law. He possesses an AV-Preeminent rating, the highest honor available in the Martindale-Hubbell peer-review rating system.
Thomas F. Segalla is a founding partner of Goldberg Segalla, where he is a Co-Chair of the firm’s Global Insurance …
EDWARD J. “Ned” CURRIE, JR., is a Shareholder at Currie Johnson & Myers, PA, with offices in Jackson and Biloxi, Mississippi. Mr. Currie graduated from the University of Mississippi School of Law in 1976. He has spent his career in the courtroom representing the interests of insurers in complex insurance coverage matters and bad faith defense - as well as personal injury defense - having tried over 175 jury cases to verdict. Mr. Currie is the immediate Past President of the American College of Coverage and Extra contractual Counsel. He currently serves on the Board of Directors of the Federation of Defense and Corporate Counsel and on the Mississippi Supreme Court Advisory Committee for the Rules of Civil Procedure. Mr. Currie is Past President of the Mississippi Defense Lawyers Association which bestowed upon him its 2016 Lifetime Achievement Award, and Past President of the Mississippi Chapter of the Federal Bar Association. He is a member of the American Law Institute, International Association of Defense Counsel, and is a Fellow of Litigation Counsel of America. Mr. Currie was recognized by Corporate Intl Magazine as 2016 Mississippi Product Liability Attorney of the Year, by Best Lawyers as 2016 Mississippi Lawyer of the Year for Personal Injury Litigation-Defense, by International Global Law Experts as 2014 Mississippi Product Liability Lawyer of the Year, and by Best Lawyers as 2012 Mississippi Lawyer of the Year for Insurance Law. He also is listed by Super Lawyers in the Top 50: 2015 Mississippi Super Lawyers and was listed by the Mississippi Business Journal in the 2013 Top 10 Leaders in Law in Mississippi. Listed by the American Lawyer & Martindale Hubbell as a Top Rated Lawyer in Insurance, Mr. Currie has written and lectured widely on an array of insurance coverage issues.
EDWARD J. “Ned” CURRIE, JR., is a Shareholder at Currie Johnson & Myers, PA, with offices in Jackson and Biloxi, …
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Method of Presentation:
NASBA Field of Study:
Management Services - Technical
NY Category of CLE Credit:
Law Practice Management
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About Martin, Disiere, Jefferson & Wisdom
Martin, Disiere, Jefferson & Wisdom, LLP is a Texas litigation boutique firm with offices in Houston, Dallas and Austin. The insurance practice group of MDJW is one of the premiere insurance coverage and bad faith litigation firms in Texas. MDJW has the expertise to assist the insurance industry from the claim stage all the way up through the appellate stage. At the claims stage, we provide our clients with objective interpretations of a wide variety of insurance contracts. When disputes arise, we provide creative advice on the rights and obligations of the parties to an insurance contract.
In litigation, we routinely prosecute and defend coverage lawsuits across Texas and in other jurisdictions as well. When our clients are alleged to have committed bad faith, Insurance Code violations, deceptive trade practices, violations of the Stowers Doctrine, or other acts of negligence, our firm is regularly retained to defend those allegations and to take those cases to trial.
Because MDJW recognizes that helping our clients to avoid claims and lawsuits is one of the greatest services we can provide, MDJW also works with insurance clients in drafting policy language to avoid future litigation and is frequently called upon to train adjusters to minimize future risks.
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.
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.