Mastering Pre-Trial Strategy in Insurance Bad Faith Cases

Dan Schiavetta
Michelle Meyers
Chris Johnson
Dan Schiavetta | Russo & Gould LLP
Michelle Meyers | Singleton Schreiber
Chris Johnson | Highbanks Insurance Professionals
Live Video-Broadcast: August 7, 2025

3 hour CLE

Tuition: $245.00
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Program Summary

Session I - Beyond the Policy Limits: Avoiding and Proving Insurance Bad Faith Claims - Dan Schiavetta and Michelle Meyers

Insurance companies can be liable past their policy limits, and even liable to others besides their insureds, if they do not make good faith attempts to comply with their contractual obligations to the insured. This could result in millions of dollars paid out over the policy limits to injured parties and to other insurers.

Key topics to be discussed:

  • Low-balling and other bad faith handling of first-party claims
  • Situations where liability insurers abandon their insureds or recklessly refuse to settle within policy limits
  • What must be proved by policyholders to show bad faith
  • What damages are recoverable
  • Strategies insurers should follow to avoid bad faith claims, and that insureds should follow to prove bad faith if it exists
  • Real-life examples

Session II - Importance of Early Preparation and File Documentation - Chris Johnson

This session provides key strategies for handling communication and discovery in insurance bad faith claims. It emphasizes the importance of timely and documented communication with insurers, including keeping records of all interactions. When preparing discovery requests, consulting with claim-handling experts can help focus efforts on critical areas often overlooked, such as organizational charts, protocols, and internal audit procedures. It also highlights the importance of understanding state-specific unfair claims that practices laws and statutory demand language. Ensuring the client’s compliance with policy duties and preparing expert witnesses effectively are crucial for building a strong case. These strategies aim to strengthen the legal position and improve the chances of early resolution.

Key topics to be discussed:

  • Written communication with insurer
  • Document all interactions
  • Discovery requests
  • Overlooked discovery areas
  • Effective depositions
  • Pre-litigation communication
  • Statutory demand language
  • Ensure client's compliance
  • EUOs, recorded statements, and IMEs
  • Expert witness preparation

Date / Time: August 7, 2025

  • 1:00 pm – 4:20 pm Eastern
  • 12:00 pm – 3:20 pm Central
  • 11:00 am – 2:20 pm Mountain
  • 10:00 am – 1:20 pm Pacific

Closed-captioning available

Speakers

Dan Schiavetta | Russo & Gould LLP

Dan Schiavetta, of counsel to Russo & Gould LLP in New York City, has been a litigator for 30 years and is admitted in all New York and New Jersey state and federal courts and the Second and Third Circuit Courts of Appeals. For 20 years he defended the Catholic Church in sexual abuse cases and other matters. He also has wide experience in insurance coverage litigation, nursing home defense, and appellate practice. He is a 1992 graduate of the University of California, Davis School of Law where he was a law review editor and moot court judge. In his previous career as a social worker, he was the director of a crisis center and 24-hour hotline. He is also the author of “The Supreme Court for Short Attention Spans: 2000 Tiny Case Summaries Too Short to Bore You”, available on Amazon.

 

Michelle Meyers | Singleton Schreiber

Michelle Meyers is a Partner at Singleton Schreiber and is a member of our Fire Litigation, Public Entity Law, Personal Injury and Wrongful Death, Insurance Recovery and Bad Faith practice groups. A seasoned trial and policy holder attorney, she has spent her career litigating complex civil matters involving personal injury, mass torts, civil rights, and insurance coverage in federal and state courts.

Ms. Meyers has extensive trial experience in insurance litigation. She recently tried an insurance coverage matter, wherein the jury found in favor of the Plaintiff by concluding that the insurance company improperly denied the Plaintiff’s request for payment of life insurance benefits.

Before joining Singleton Schreiber, Ms. Meyers served as a deputy attorney for the State of California Department of Transportation, as a supervising trial attorney for the City of Oakland, and as an associate and an insurance coverage partner at a firm in Oakland, California. She was the lead defense strategist for the City of Oakland in civil and criminal cases arising from the “Ghost Ship” fire, the deadliest fire in the history of Oakland.

Ms. Meyers earned a B.A. in Political Science from California Polytechnic University, San Luis Obispo, in 2000, where she was a member of the Pi Sigma Alpha National Honors Society. She earned her law degree from Santa Clara University School of Law in 2004 and is admitted to practice in all state and federal courts in California and Nevada and in the U.S. Supreme Court.

Outside the office, Ms. Meyers enjoys spending time on the sports field with her family and two crazy border collies.

 

Chris Johnson | Highbanks Insurance Professionals

Mr. Johnson is a Managing Director of Highbanks Insurance Professionals (HIP), providing insurance claims consulting on coverage, liability, damages, good faith claims handling policies and procedures, bad faith claims handling, extra-contractual company exposures, volatile claims identification and reserve adequacy.

Mr. Johnson and HIP offer a wide variety of services to insurers, brokers, agents, TPAs, policyholders and attorneys/law firms. These include review and consulting on individual claims and claim portfolios, auditing, review of claims procedures and file handler guidelines, and serving as an expert witness.

Mr. Johnson is a licensed attorney and claims professional with over 40 years of experience, including claims handling, claims management, trial/litigation and litigation management, bad faith claims review and portfolio management, and house trial counsel management. He has accumulated a depth of experience and understanding of insurance contracts, insuring agreements, company policies and procedures, claims department protocols, claims handling decision-making, retaining and directing/managing outside defense counsel, and settlement resolution strategies.

Mr. Johnson’s experience includes claims handling, legal consulting and litigation management on first- and third-party claims on property, casualty, homeowner, auto, UM-UIM, umbrella, excess and reinsurance policies. His claims experience ranges from matters arising out of auto accidents, house fires, theft and conversion, water/wind/hail damage, to major-event claims such as Hurricane Katrina, the Gulf Oil Spill, and catastrophic train derailments and explosions.

Agenda

Session I – Beyond the Policy Limits: Avoiding and Proving Insurance Bad Faith Claims | 1:00pm – 3:10pm

  • Low-balling and other bad faith handling of first-party claims
  • Situations where liability insurers abandon their insureds or recklessly refuse to settle within policy limits
  • What must be proved by policyholders to show bad faith

Break | 2:00pm – 2:10pm

  • What damages are recoverable
  • Strategies insurers should follow to avoid bad faith claims, and that insureds should follow to prove bad faith if it exists
  • Real-life examples

Break | 3:10pm – 3:20pm

Session II – Importance of Early Preparation and File Documentation | 3:20pm – 4:20pm

  • Written communication with insurer
  • Document all interactions
  • Discovery requests
  • Overlooked discovery areas
  • Effective depositions
  • Pre-litigation communication
  • Statutory demand language
  • Ensure client’s compliance
  • EUOs, recorded statements, and IMEs
  • Expert witness preparation

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
3 General

Arkansas

Approved for CLE Credits
3 General

Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Pending CLE Approval
3 General

Connecticut

Approved for CLE Credits
3 General

District of Columbia

No MCLE Required
3 CLE Hour(s)

Delaware

Pending CLE Approval
3 General

Florida

Approved via Attorney Submission
3.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
3 General

Hawaii

Approved for CLE Credits
3.6 General

Iowa

Pending CLE Approval
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Pending CLE Approval
3 General

Indiana

Pending CLE Approval
3 General

Kansas

Pending CLE Approval
3 Substantive

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Massachusetts

No MCLE Required
3 CLE Hour(s)

Maryland

No MCLE Required
3 CLE Hour(s)

Maine

Pending CLE Approval
3 General

Michigan

No MCLE Required
3 CLE Hour(s)

Minnesota

Pending CLE Approval
3 General

Missouri

Approved for CLE Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Pending CLE Approval
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
180 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
3 General

Nevada

Pending CLE Approval
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Pending CLE Approval
3 General

Pennsylvania

Approved for CLE Credits
3 General

Rhode Island

Pending CLE Approval
3.5 General

South Carolina

Pending CLE Approval
3 General

South Dakota

No MCLE Required
3 CLE Hour(s)

Tennessee

Pending CLE Approval
3 General

Texas

Approved for CLE Credits
3 General

Utah

Pending CLE Approval
3 General

Virginia

Not Eligible
3 General Hours

Vermont

Approved for CLE Credits
3 General

Washington

Approved via Attorney Submission
3 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
3.6 General

West Virginia

Pending CLE Approval
3.6 General

Wyoming

Pending CLE Approval
3 General

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