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Exposing and Defending Against Bad Faith: Strategic Tactics for Both Sides of the Insurance Fight

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

2025-09-29 12:00:00

Program Details

2025-09-29 12:00:00

Program Details

2025-09-29 12:00:00

Over 1,000+ webinars

2025-09-29 12:00:00

Course Overview

Mastering Insurer Duties in Bad Faith Litigation

2025-09-29 12:00:00

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.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Bad Faith Basics
Bad faith claims address insurer behavior beyond denial based on implied covenant violations.
02
Core Duties
Insurers must investigate promptly, communicate openly, and settle within limits when liability is clear.
03
Avoiding Violations
Unreasonable delays, misrepresenting policy provisions, and inadequate investigations constitute bad faith conduct.
04
Privilege Issues
Routine claims handling activities cannot typically be shielded by attorney-client privilege protections.
05
Discovery Strategy
Bad faith claims open discovery to claim files, internal communications, and claims handling guidelines.
06
Emerging Trends
AI and automated claims processing raise new questions about satisfying good faith requirements.

Program schedule

clock 12:00 pm - 12:20 pm EST

Introduction to Bad Faith Litigation Fundamentals

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 12:20 pm - 12:40 pm EST

Core Duties Insurers Owe When Handling Claims

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 12:40 pm - 1:00 pm EST

Recognizing and Avoiding Bad Faith Insurer Conduct

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 1:00 pm - 1:10 pm EST

Break

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 1:10 pm - 1:30 pm EST

Attorney-Client Privilege and Work Product Protections

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 1:30 pm - 1:50 pm EST

Litigation Strategies and Key Discovery Issues

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
clock 1:50 pm - 2:10 pm EST

Recent Developments and Emerging Industry Trends

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 LeszinskeCharlotte Leszinske
Kevin V. SmallKevin V. Small
Joseph T. NiczkyJoseph T. Niczky
Charlotte Leszinske

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Kevin V. Small

Hunton Andrews Kurth LLP

Joseph T. Niczky

Joseph T. Niczky

Hunton Andrews Kurth LLP

Charlotte Leszinske

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Kevin V. Small

Hunton Andrews Kurth LLP

Kevin V. Small is a partner at Hunton Andrews Kurth in New York and a commercial litigator focused on insurance coverage disputes on behalf of policyholders. His background as a former insurance broker and advisor gives him a deep understanding of the industry across a broad range of policies, and he regularly represents clients on claims involving commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also helps clients recover under surety bonds and handles professional liability matters such as insurance broker malpractice. Kevin writes extensively on insurance coverage, presents to industry professionals, has been quoted in prominent publications, and contributes to the firm’s Insurance Recovery Blog.

Education & Credentials

Kevin received his J.D. from Seton Hall University School of Law in 2013, where he served as Executive Editor of the Seton Hall Circuit Review, and he earned a BBA in Risk Management and Insurance from Temple University, magna cum laude, in 2005. He is admitted in New Jersey and New York.

Recognition & Leadership

Kevin has been named “One to Watch” for Commercial Litigation in 2026 and for Insurance Law from 2024 through 2026 by The Best Lawyers in America, selected as a Super Lawyer for Insurance Coverage Law by The New York Times Magazine in 2025, and recognized as a Rising Star from 2020 through 2023. He serves as a member of the RIMS New York Chapter Board of Directors.

Professional Involvement

Kevin is the insurance liaison for the ABA Business Law Section’s D&O Liability Committee and a board member of the Lideres Board at LatinoJustice PRLDEF. He contributes to the Hunton Insurance Recovery Blog and writes frequently for the New York Law Journal, Law360, and Reuters.

Experience

Kevin recently helped clients recover over $150 million in insurance proceeds and represents an international luxury hotel developer in ICDR proceedings seeking more than $40 million in property damage and lost profits. He advises clients on recovery for cyber incidents, including breach response costs, lost profits, and defense costs from third-party litigation and government investigations, represents a major petroleum refiner in a coverage dispute and bad faith claim over general liability policies, and spoke on “Duty to Defend in Litigation: Strategic Insights for Policyholders and Insurers” for myLawCLE in 2025.
Joseph T. Niczky

Joseph T. Niczky

Hunton Andrews Kurth LLP

Charlotte Leszinske

Charlotte Leszinske

Hunton Andrews Kurth LLP

Kevin V. Small

Kevin V. Small

Hunton Andrews Kurth LLP

Kevin V. Small is a partner at Hunton Andrews Kurth in New York and a commercial litigator focused on insurance coverage disputes on behalf of policyholders. His background as a former insurance broker and advisor gives him a deep understanding of the industry across a broad range of policies, and he regularly represents clients on claims involving commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also helps clients recover under surety bonds and handles professional liability matters such as insurance broker malpractice. Kevin writes extensively on insurance coverage, presents to industry professionals, has been quoted in prominent publications, and contributes to the firm’s Insurance Recovery Blog.

Education & Credentials

Kevin received his J.D. from Seton Hall University School of Law in 2013, where he served as Executive Editor of the Seton Hall Circuit Review, and he earned a BBA in Risk Management and Insurance from Temple University, magna cum laude, in 2005. He is admitted in New Jersey and New York.

Recognition & Leadership

Kevin has been named “One to Watch” for Commercial Litigation in 2026 and for Insurance Law from 2024 through 2026 by The Best Lawyers in America, selected as a Super Lawyer for Insurance Coverage Law by The New York Times Magazine in 2025, and recognized as a Rising Star from 2020 through 2023. He serves as a member of the RIMS New York Chapter Board of Directors.

Professional Involvement

Kevin is the insurance liaison for the ABA Business Law Section’s D&O Liability Committee and a board member of the Lideres Board at LatinoJustice PRLDEF. He contributes to the Hunton Insurance Recovery Blog and writes frequently for the New York Law Journal, Law360, and Reuters.

Experience

Kevin recently helped clients recover over $150 million in insurance proceeds and represents an international luxury hotel developer in ICDR proceedings seeking more than $40 million in property damage and lost profits. He advises clients on recovery for cyber incidents, including breach response costs, lost profits, and defense costs from third-party litigation and government investigations, represents a major petroleum refiner in a coverage dispute and bad faith claim over general liability policies, and spoke on “Duty to Defend in Litigation: Strategic Insights for Policyholders and Insurers” for myLawCLE in 2025.
Joseph T. Niczky

Joseph T. Niczky

Hunton Andrews Kurth LLP

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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