Mastering Pre-Trial Strategy in Insurance Bad Faith Cases

This session examines how insurance bad faith arises in first-party claims, focusing on low-balling tactics and claims handling red flags. Participants will learn the distinction between first-party and third-party contexts, understand what constitutes conscious disregard, and identify common delay tactics including excessive EUOs and repeated document requests.

Explore situations where liability insurers abandon their insureds or recklessly refuse reasonable settlement demands within policy limits. This session covers the tripartite relationship, independent counsel requirements, assignment of bad faith claims, and the critical standards policyholders must prove to establish bad faith including demonstrating their own good conduct.

Learn what damages are recoverable in bad faith actions including extra-contractual damages, attorney’s fees, and punitive damages limitations. This session presents strategies for both insurers to avoid bad faith exposure and insureds to prove it exists, illustrated through compelling real-life examples including the missing insured case and abortion confidentiality breach.

Master the critical importance of early case preparation and comprehensive file documentation in bad faith litigation. This session covers written communication strategies, effective discovery requests targeting overlooked areas like organizational charts and training materials, deposition techniques for adjusters and corporate witnesses, and expert witness preparation.