Bad Faith Insurance Litigation 101 – Nuts and Bolts

Sean Carnathan | O’Conner, Carnathan, and Mack, LLC

Sean is a founder and partner of the firm, O’Connor, Carnathan, and Mack, LLC. Sean represents policyholders and third-party claimants in disputes with insurance companies. He is the author of Massachusetts Bad Faith Insurance Litigation (2d ed. 2020), available from Lawyers Weekly Books. Sean is a graduate of Bowdoin College, the University of Maine School of Law, and Harvard Law School.

Martin Pentz | Foley Hoag LLP

Martin is highly experienced in representing policyholders in insurance recovery litigation. He has been recognized by Chambers USA, The Best Lawyers in America, and Massachusetts SuperLawyers for his effectiveness in these matters, as well as for his skills in commercial litigation in all courts.

Martin represents insured businesses nationwide in lawsuits and ADR proceedings seeking recovery under various lines of property and casualty insurance, including general and umbrella liability insurance, directors and officers liability insurance, business property and business interruption insurance, professional liability (E&O) insurance, and crime insurance. Martin has tried and won major insurance coverage suits and successfully handled appeals in key precedent-setting cases. He has also negotiated seven- and eight-figure insurance recoveries on behalf of a number of industrial clients.

Eric B. Hermanson | White and Williams LLP

Eric represents primary and excess insurance carriers in high-exposure litigation on contested coverage matters. Over a 30-year career, he has litigated more than two hundred cases, and successfully advised on hundreds more, in almost every U.S. state and the District of Columbia. He serves as Chair of the ABA Tort Trial and Insurance Practice Section (TIPS), Self-Insurers and Risk Management Committee; Vice-Chair of the ABA TIPS Insurance Coverage Litigation Committee; and past chair of the Boston Bar Association (BBA) Insurance Law Subcommittee. In 2019 he was elected to the American College of Coverage Counsel.

In addition to his coverage work, Eric has an active litigation background, representing sophisticated institutional clients – including manufacturers, healthcare providers, medical publishers, and related entities – in commercial, product liability, life science and qui tam disputes. Eric graduated from Columbia Law School, where he was on the Columbia Law Review; and clerked for Judge Conrad K. Cyr on the United States Court of Appeals for the First Circuit.

Demián I. Oksenendler | Mannion, Lowe, & Oksenendler, P.C.

Demián Oksenendler is a shareholder at Mannion, Lowe & Oksenendler, P.C. in San Francisco. He represents policyholders against insurance companies of all kinds in both litigation and consulting matters. He is AV Rated, has been named to the Northern California Super Lawyers Rising Stars list every year since 2011, and is a member of the Board of Directors of the San Francisco Trial Lawyers Association.

When he is not in the office or at a consumer attorney event, you will usually find him riding his bicycle through the hills of Marin, at a Giants game, or watching his beloved Cal Bears. If you meet him, be sure to ask about his karaoke trophy.

Daniella Massimilla | Law Offices of Patricia C. Fraizer

Daniella has been practicing law for more than 14 years. Prior to that, she worked as a legal assistant and law clerk at the firm where she held her first position as an attorney. The majority of her legal career has been spent defending individuals and corporations in all phases of various personal injury cases in Massachusetts, Maine, New Hampshire, and Vermont.

She also has experience representing lending institutions in consumer disputes, as well handling appellate matters in multiple jurisdictions. In her current role as a Senior Staff Attorney at The Hartford, she represents The Hartford’s insureds in a variety of tort actions including automobile, premises, products, liquor liability, and construction matters. She resides north of Boston.

I. What are the sources of law governing claims for bad faith? | 2:00 pm – 2:30 pm
II. What are the typical claims asserted by the plaintiff? | 2:30 pm – 3:00 pm

III. Break | 3:00 pm – 3:10 pm

IV. What are the most common defenses asserted by the insurance company? | 3:10 pm – 3:40 pm
V. What do you need to think about when taking discovery? | 3:40 pm – 4:10 pm

VI. Break | 4:10 pm – 4:20 pm

VII. Ethical Issues that arise in connection with bad faith insurance litigation | 4:20 pm – 5:20 pm