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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Wednesday, February 26, 2020

  • 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 and explore the mechanics of what's been called the bad faith "set-up" in insurance litigation. Both first-party and third-party claim scenarios will be reviewed and detailed, along with many of the tactics commonly associated with set-up allegations. The program will also analyze recent case law in different jurisdictions addressing this controversial issue.

Faculty

Scott F. Bertschi
Partner
Clyde & Co US, LLP

Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.

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Mark Garbowski
Shareholder
Anderson Kill

Mr. Garbowski is an attorney in the Insurance Recovery group in Anderson Kill's New York office. His practice concentrates on insurance recovery, exclusively on behalf of policyholders, with particular emphasis on professional liability insurance, directors and officers insurance, fidelity and crime-loss policies, internet and high-tech liability insurance issues.

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Description

Insurer counsel must be able to identify and avoid bad faith set-up situations. Counsel for claimants and policyholders meanwhile must be cognizant of the relevant case law, insurer tactics in response, plus recent cases that simply reject the concept of the set-up at all.

Listen as our authoritative panel of insurance practitioners discusses this important and evolving topic and the high stakes litigation that often ensues, analyzing recent case law in different states. Our panel will explain the tactics used in, methods of, and red flags indicating, so-called "bad faith set-up" through first-party and third-party scenarios.

Outline

  1. The bad faith set-up demystified
    1. Is there really such a thing as a "set-up"? Does the concept of a set-up even exist?
    2. Recent case law
    3. Common tactics and red flags
  2. Insurer best practices: diagnosis and avoidance
  3. Claimant pitfalls: when attorney actions are challenged as a bad faith set-up attempt
  4. Alert! The new frontier: other potential extra-contractual causes of action against insurers

Benefits

The panel will review these and other key issues:

  • What are the typical "red flags" that may indicate a bad faith set-up is in the works?
  • How can insurers best avoid bad faith set-up attempts?
  • What are the pitfalls for claimants whose actions are challenged as a bad faith set-up attempt?
  • When have insurers pursued the doctrine of bad faith set-up, and how have courts treated these arguments?
  • What are other potential causes of action?
  • Can insurer defenses be set up too?