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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, August 6, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will discuss deposition strategies for insurers and policyholders to defend or take the claims handler's or representative's deposition. The program will also review communications between the claims handler and insurance counsel and communications that may come under the attorney-client privilege or work product doctrine.

Faculty

Paul R. Koepff
Partner
Clyde & Co LLP

Mr. Koepff handles insurance coverage and reinsurance disputes, litigating various kinds of insurance and reinsurance-related disputes and claims. He is a contributing author to a multi-volume treatise on New York Insurance Law, and a multi-volume treatise, "Law and Practice of Insurance Coverage Litigation."

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Susan P. White
Special Counsel
Buchalter

Ms. White conducts an active litigation practice, representing clients in complex insurance coverage matters, including bad faith and other commercial and contract litigation matters. Her clients span a range of industries, including healthcare, pharmaceutical, manufacturing, telecommunications, software and Internet technology, entertainment, aerospace, and financial services. She also provides advice to senior management and executives on how to mitigate risks and maximize insurance protections and recoveries with respect to policy procurement, negotiations, reviews, and renewals.

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Description

A claims handler's deposition is often pivotal in an insurance coverage dispute, mainly where there are bad faith allegations. The claims handler may be a fact witness and the insurer's corporate representative.

From the policyholder's perspective, the claims representative knows how the claim was investigated and adjusted and the insurer's basis for any reservation of rights. The claims representative will also recognize the specific documents and information to determine the extent of the loss' coverage and value.

From the insurer's perspective, the claims representative's deposition performance may significantly affect the case, particularly bad faith cases. The claims representative's credibility, knowledge of the claims file, and understanding of manuals and procedures are critical.

Listen as our authoritative panel of insurance practitioners guides you through strategies to take or defend depositions of claims handlers or representatives. The presenters will also discuss privileged communications between the claims handler and insurance counsel.

Outline

  1. Policyholder strategies
    1. The scope of testimony/knowledge
    2. Documents to review before deposition
    3. Presence of a bad faith claim
    4. Claims file
    5. How the claim was investigated
    6. Claims-handling manuals and procedures
  2. Insurer strategies
    1. Determine the relevance of the claims handler testimony (bad faith vs. policy interpretation)
    2. Knowledge of the claims file
    3. Knowledge of manuals and procedures
    4. Presenting the claims rep in a light most favorable to the case
  3. Protections against disclosure and the role of outside coverage counsel
    1. Attorney-client privilege
    2. Work product doctrine

Benefits

The panel will review these and other key issues:

  • The scope of claims representative's testimony in coverage vs. bad faith claims
  • Keys to the insurer's determination of the relevancy of the claims handler's testimony
  • Documents for policyholder's counsel to review before deposition
  • How insurer's counsel can present the claims representative in a light most favorable to the case
  • Evidentiary protections arguably applicable to the claim file