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2025-09-29 12:00:00

2 Credits

Bad faith litigation essentials: insurer duties, claim handling standards, privilege issues, and strategies for both policyholders and insurers.

2025-09-29 12:00:00

Bad faith litigation essentials: insurer duties, claim handling standards, privilege issues, and strategies for both policyholders and insurers.

2025-09-29 12:00:00

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Trusted by Legal Professionals

Course Overview

Mastering Insurer Duties in Bad Faith Litigation

Participants will learn to identify bad faith conduct, navigate privilege issues, and implement compliant claims handling practices. These skills directly apply to defending or prosecuting insurance bad faith claims.

Bad Faith Fundamentals

Distinguish first-party and third-party claim standards.

Core Duties

Apply reasonableness standards to claims handling decisions.

Privilege Protection

Navigate attorney-client privilege in coverage disputes.

Risk Mitigation

Document claim files to demonstrate good faith.

Course Overview

Mastering Insurer Duties in Bad Faith Litigation

Participants will learn to identify bad faith conduct, navigate privilege issues, and implement compliant claims handling practices. These skills directly apply to defending or prosecuting insurance bad faith claims.

Bad Faith Fundamentals

Distinguish first-party and third-party claim standards.

Core Duties

Apply reasonableness standards to claims handling decisions.

Privilege Protection

Navigate attorney-client privilege in coverage disputes.

Risk Mitigation

Document claim files to demonstrate good faith.

Why Attend

Why this 
program matters

Mastering bad faith litigation principles protects practitioners from malpractice exposure while maximizing client outcomes in high-stakes insurance disputes where verdicts routinely exceed $100 million.
$44M
Median nuclear verdict in 2023, more than double the $21 million median in 2020, reflecting the dramatic rise in jury awards against insurers. (Insurance Business America, January 2025)
27
Number of court cases in 2023 awarding verdicts exceeding $100 million against corporate defendants in the United States. (Swiss Re / Insurance Journal, September 2024)
$20B
Estimated annual cost hospitals spend fighting denied insurance claims, highlighting the systemic scope of claim disputes that fuel bad faith litigation. (American Hospital Association, April 2024)
57%
Percentage of initially denied Medicare Advantage claims that were ultimately overturned on appeal, demonstrating the frequency of improper insurer denials. (Health Affairs Journal)

Agenda

Session 1

Introduction to Bad Faith Litigation Fundamentals

Session 2

Core Duties Insurers Owe When Handling Claims

Session 3

Recognizing and Avoiding Bad Faith Insurer Conduct

Session 4

Break

Session 5

Attorney-Client Privilege and Work Product Protections

Session 6

Litigation Strategies and Key Discovery Issues

Session 7

Recent Developments and Emerging Industry Trends

clock 12:00 pm - 12:20 pm EST

Introduction to Bad Faith Litigation Fundamentals

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session explores the origins of insurer bad faith liability and the critical distinction between first-party and third-party claims. Participants will learn how common law and statutory frameworks differ and examine typical scenarios that give rise to bad faith allegations.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 12:20 pm - 12:40 pm EST

Core Duties Insurers Owe When Handling Claims

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session examines the fundamental obligations insurers must fulfill, including duties to investigate promptly, communicate openly, and settle within policy limits when liability is clear. Participants will also explore the distinction between the duty to defend and duty to indemnify, along with good faith evaluation of coverage defenses.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 12:40 pm - 1:00 pm EST

Recognizing and Avoiding Bad Faith Insurer Conduct

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session identifies common bad faith behaviors including unreasonable claim denial, misrepresentation of policy provisions, and inadequate investigations. Attendees will learn practical strategies insurers can implement to demonstrate good faith and avoid liability exposure.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 1:00 pm - 1:10 pm EST

Break

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

A short intermission allowing participants to refresh before continuing with privilege considerations and litigation strategies. Use this time to review materials and prepare questions for upcoming sessions.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 1:10 pm - 1:30 pm EST

Attorney-Client Privilege and Work Product Protections

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session addresses the complex privilege dynamics unique to insurance disputes, including the scope and limits of attorney-client privilege when legal advice overlaps with claims handling. Participants will examine work product doctrine, at-issue waiver concepts, and varying judicial approaches to privilege disputes across jurisdictions.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 1:30 pm - 1:50 pm EST

Litigation Strategies and Key Discovery Issues

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session covers critical litigation tactics including production of claims files, deposing adjusters and corporate representatives, and using bad faith evidence for punitive damages. Attendees will learn to navigate motions practice and coordinate defense of underlying liability cases with bad faith claims.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

clock 1:50 pm - 2:10 pm EST

Recent Developments and Emerging Industry Trends

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

This session examines recent appellate decisions shaping bad faith jurisprudence and the growing impact of technology and AI on claims handling duties. Participants will explore bad faith considerations arising in complex multi-party and mass tort contexts.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

01 07
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn foundational principles of bad faith law, practical strategies for risk mitigation, privilege considerations, and emerging trends in insurance disputes.

What will you gain

Attorneys will gain strategies for recognizing and avoiding bad faith conduct, handling discovery issues, and navigating complex privilege dynamics in insurance litigation.

Bad Faith Basics
Bad faith claims address insurer behavior beyond denial based on implied covenant violations.
Core Duties
Insurers must investigate promptly, communicate openly, and settle within limits when liability is clear.
Avoiding Violations
Unreasonable delays, misrepresenting policy provisions, and inadequate investigations constitute bad faith conduct.
Privilege Issues
Routine claims handling activities cannot typically be shielded by attorney-client privilege protections.
Discovery Strategy
Bad faith claims open discovery to claim files, internal communications, and claims handling guidelines.
Emerging Trends
AI and automated claims processing raise new questions about satisfying good faith requirements.

What will you learn

Attorneys will learn foundational principles of bad faith law, practical strategies for risk mitigation, privilege considerations, and emerging trends in insurance disputes.

What will you gain

Attorneys will gain strategies for recognizing and avoiding bad faith conduct, handling discovery issues, and navigating complex privilege dynamics in insurance litigation.

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Ability to Ask Questions During
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Hunton Andrews Kurth LLP

Charlotte Leszinske

Hunton Andrews Kurth LLP

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Hunton Andrews Kurth LLP

Kevin is a commercial litigator focusing on insurance coverage disputes and counseling on behalf of policyholders, with expertise spanning commercial property, cyber, builders’ risk, D&O, E&O, general liability, representations and warranties, and professional liability matters.

Education & Credentials

Temple University, Risk Management and Insurance

Recognition & Leadership

Writes extensively on insurance coverage, presents to industry professionals, and has been quoted in prominent publications. Contributor to the Firm's Insurance Recovery Blog.

Experience

Before law school, worked for a leading risk management and insurance broking firm advising Fortune 500 clients on structuring sophisticated risk management programs. Served as judicial intern for the Honorable Cathy Waldor, USMJ, in the United States District Court for the District of New Jersey and as legal intern in the United States Attorney's Office for the District of New Jersey.

Joseph T. Niczky

Hunton Andrews Kurth LLP

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