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2025-12-03 14:00:00

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Insurance bad faith fundamentals: carrier practices triggering liability, choice of law analysis, damages, and strategies for evaluating claims across jurisdictions.

2025-12-03 14:00:00

Insurance bad faith fundamentals: carrier practices triggering liability, choice of law analysis, damages, and strategies for evaluating claims across jurisdictions.

2025-12-03 14:00:00

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Trusted by Legal Professionals

1000+

Live stream programs

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70,000+

Trusted by Legal Professionals

Course Overview

Navigating Insurance Bad Faith Litigation

Participants will learn to identify bad faith practices, analyze choice of law implications, and evaluate claims for actionable conduct. These skills enable effective representation in coverage disputes and settlement negotiations.

Choice Analysis

Apply jurisdictional rules to determine governing law.

Carrier Practices

Identify common insurer actions constituting bad faith.

Claims Evaluation

Assess coverage, reasonableness, and recoverable damages.

Settlement Strategy

Navigate policy limits and excess judgment exposure.

Course Overview

Navigating Insurance Bad Faith Litigation

Participants will learn to identify bad faith practices, analyze choice of law implications, and evaluate claims for actionable conduct. These skills enable effective representation in coverage disputes and settlement negotiations.

Choice Analysis

Apply jurisdictional rules to determine governing law.

Carrier Practices

Identify common insurer actions constituting bad faith.

Claims Evaluation

Assess coverage, reasonableness, and recoverable damages.

Settlement Strategy

Navigate policy limits and excess judgment exposure.

Why Attend

Why this 
program matters

Understanding insurance bad faith law is critical because it governs how insurers must handle claims and protects policyholders from unreasonable denial, delay, or undervaluation of legitimate claims.
$200M
Combined jury verdict upheld against Sierra Health & Life for bad faith denial of proton beam therapy for lung cancer, including $160 million in punitive damages. (Nevada Supreme Court, Sierra Health & Life Ins. Co. v. Eskew, 2024)
19%
HealthCare.gov insurers denied nearly one in five in-network claims submitted in 2023, with denial rates varying from 1% to 54% across insurers. (KFF Analysis, August 2025)
<1%
Consumers appealed fewer than 1% of denied in-network claims in 2023, despite more than half of appealed denials being overturned. (KFF Analysis of CMS Data, 2025)
$21M
Median nuclear verdict (jury awards exceeding $10 million) between 2013 and 2022, with U.S. juries awarding over $14.5 billion in nuclear verdicts in 2023 alone. (U.S. Chamber of Commerce Institute for Legal Reform / Marsh)

Agenda

Session 1

Carrier Misinterpretation of Policy Language to Deny Claims

Session 2

Carrier Devaluation of Claimant Monetary Demands

Session 3

Categorizing Damage as Excluded Perils to Avoid Payment

Session 4

Agency Failure to Procure Coverage Requested by Insured

clock 1:00 pm - 1:30 pm EST

Carrier Misinterpretation of Policy Language to Deny Claims

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

This session examines how insurance carriers misquote or ignore policy language to deny or limit claim payments. Participants will learn about the principle of adhesion, how complex policy clauses can lead to legitimate confusion or intentional misinterpretation, and real-world examples including the ‘your work’ exclusion case where a carrier altered punctuation to avoid coverage.

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

clock 1:30 pm - 2:00 pm EST

Carrier Devaluation of Claimant Monetary Demands

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

This session explores how insurers make lowball settlement offers and the tension between preserving financial stability and treating claimants fairly. Topics include actual cash value versus replacement cost disputes, the role of appraisal provisions in resolving valuation disagreements, and a case study involving pre-existing conditions where a jury found the carrier’s $6,000 offer on a $30,000 claim unreasonable.

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

clock 2:10 pm - 2:40 pm EST

Categorizing Damage as Excluded Perils to Avoid Payment

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

This session analyzes how carriers may attribute damage to excluded perils without adequate investigation, particularly in hurricane cases involving wind versus flood disputes. Attendees will examine the carrier’s duty to properly investigate loss causation and understand how failing to distinguish between covered and excluded perils can constitute bad faith.

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

clock 2:40 pm - 3:10 pm EST

Agency Failure to Procure Coverage Requested by Insured

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

This session addresses situations where agents or direct writers fail to secure the coverage that policyholders specifically requested. Participants will explore the complex application process across various insurance lines, the importance of excess and umbrella coverage, and how coverage gaps can leave insureds exposed to significant uninsured losses.

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

01 04
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how bad faith differs from breach of contract, jurisdictional variations in standards and remedies, and common carrier practices that lead to bad faith claims.

What will you gain

Attorneys will gain practical guidance on evaluating bad faith claims, including choice of law analysis, damages assessment, and understanding available remedies like treble damages.

Choice of Law
Bad faith law varies by state, requiring careful analysis of applicable jurisdiction.
Common Practices
Carriers may misquote policy language, delay payments, or make lowball settlement offers.
Policy Interpretation
Ambiguities in insurance policies are typically construed against the insurance company.
Failure to Settle
Refusing to settle within policy limits can expose insurers to bad faith liability.
Available Remedies
Remedies may include treble damages, attorney’s fees, and statutory interest rates.
Appraisal Provisions
Appraisal processes can extinguish bad faith liability when insurers pay appraised values.

What will you learn

Attorneys will learn how bad faith differs from breach of contract, jurisdictional variations in standards and remedies, and common carrier practices that lead to bad faith claims.

What will you gain

Attorneys will gain practical guidance on evaluating bad faith claims, including choice of law analysis, damages assessment, and understanding available remedies like treble damages.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

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.

Michael Stoner

Haynes Boone

Virginia Bates

Independent consultant

Michael Stoner

Haynes Boone

Michael Stoner is a counsel in the Litigation Practice Group focusing on insurance recovery, corporate and commercial litigation, and environmental law.

Education & Credentials

Order of the Coif upon graduation; legal extern at the United States Embassy during law school

Recognition & Leadership

Winning team member in the Pepperdine-Middle Temple Moot Court Competition held in London; awarded membership into the Order of the Coif

Experience

Prior to joining Haynes Boone, worked at an insurance recovery firm in Southern California representing corporate policyholders and public entities to secure insurance coverage for first-party losses and third-party liabilities across various lines of insurance including CGL, EPL, D&O, E&O, cyber, crime, and Commercial Property policies. As a legal extern at the United States Embassy, reviewed and drafted trial materials, assisted in trial preparation, researched international legal issues, and helped design and implement a new legal database for the Department of Justice, Civil Division, European Office.

Michael Stoner

Haynes Boone

Michael Stoner is a counsel in the Litigation Practice Group focusing on insurance recovery, corporate and commercial litigation, and environmental law.

Education & Credentials

Order of the Coif upon graduation; legal extern at the United States Embassy during law school

Recognition & Leadership

Winning team member in the Pepperdine-Middle Temple Moot Court Competition held in London; awarded membership into the Order of the Coif

Experience

Prior to joining Haynes Boone, worked at an insurance recovery firm in Southern California representing corporate policyholders and public entities to secure insurance coverage for first-party losses and third-party liabilities across various lines of insurance including CGL, EPL, D&O, E&O, cyber, crime, and Commercial Property policies. As a legal extern at the United States Embassy, reviewed and drafted trial materials, assisted in trial preparation, researched international legal issues, and helped design and implement a new legal database for the Department of Justice, Civil Division, European Office.

Virginia Bates

Independent consultant

Virginia Bates is a nationally known independent consultant and insurance educator with expertise in technical personal and commercial lines subjects, expert analysis and testimony in bad faith and professional liability cases, and insurance technology.

Education & Credentials

Licensed broker and advisor

Recognition & Leadership

Nationally known consultant and insurance educator; frequently speaks on professional liability prevention strategies, agency-carrier relationships, insurance technology and other management and industry topics

Experience

Strong carrier and agency background with specialties including technical personal and commercial lines subjects, expert analysis and testimony in bad faith and professional liability cases, company and agency profitability methodologies, automation and technology choice and utilization, and compensation and related subjects.

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