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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 22, 2023

  • 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 offer guidance to counsel bringing or defending bad faith claims alleging the insurer's inadequate or inappropriate investigation of complex claims. The panel will review what makes an investigation inappropriate, special issues involving coverage denial or reservation of rights, privilege, and litigation strategies. Throughout the presentation, the panel will offer practice tips based on their extensive trial experience.

Faculty

Rachel E. Hudgins
Counsel
Hunton Andrews Kurth LLP

Regarded by clients as their “chief contact for high-exposure work,” Ms. Hudgins helps policyholders maximize their available insurance recoveries. She has litigated hundreds of insurance coverage and bad faith disputes in state and federal courts across the country and U.S. territories. Yet, as a seasoned litigator, she also recognizes the strategic and financial value of pre-suit resolutions, helping clients navigate risk to maximize their recoveries. Ms. Hudgins has been involved in a wide variety of unique cases, like parasailing-related injuries, fraternity party injuries, blockades at the Indian-Nepali border, mass livestock deaths, exploding e-cigarettes, art provenance investigations, and free-fall drops at county fairs. Her practice spans catastrophic injury claims (premises, workplace, auto, trucking, aviation, environmental, firearm, opioid, extreme sports, and entertainment), property damage disputes (natural disasters and builder’s risk), C-suite subpoenas and investigations, art provenance issues, and trade credit claims. 

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Jennifer Martin
Partner
Wilson Elser, LLP

Ms. Martin focuses her practice primarily on first-party property and casualty insurance litigation and related appellate work. She advises insurance carriers regarding a broad range of matters, including complex coverage questions, claims handling issues, and allegations of statutory violations and bad faith. Ms. Martin has significant experience litigating and negotiating commercial and personal lines insurance coverage and bad faith disputes. A great deal of this work has centered on the large volume of claims stemming from the violent weather events throughout Texas. Her clients comprise a number of major national carriers. Ms. Martin leverages Wilson Elser’s experience in this tightly regulated, cost-conscious industry to deliver demonstrable value to clients. She has successfully litigated numerous cases in state and federal courts throughout Texas and surrounding areas. 

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Description

Bad faith assertions in insurance claim investigations raise complex issues for policyholders and insurers, including deciding what and when to investigate, when to renew or update an investigation, the implications of those decisions, and the impact of an investigation on coverage determination.

What seemed adequate and proper at the beginning of an investigation may change over time.

Thorny issues must be solved when the insurer denies coverage in whole or in part, proceeds under a reservation of rights, or involves counsel in the investigation process. Privilege and work product are increasingly being challenged.

Listen as our panel of authoritative leaders in this field examines opposing points of view on bad faith claims from the perspective of the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations against the insurer in claim investigations.

Outline

  1. Overview of good faith
  2. Standards for complete and adequate investigation
    1. Underlying claim
    2. Coverage
    3. Duty to defend
    4. Duties of excess carriers
    5. Policyholder duty of cooperation
  3. Special concerns
    1. Investigation after denial
    2. Investigation under reservation of rights
    3. Investigation of duty to defend
    4. Preserving or piercing privilege
  4. Litigation strategies and tips
    1. Discovery
    2. Experts
    3. Defenses

Benefits

The panel will review these and other vital questions:

  • What are the insurer's and the policyholder's obligations in a coverage investigation?
  • What are the implications of investigating or failing to investigate after a coverage suit is filed?
  • What are some practical methods for a policyholder to prove that an insurer acted in bad faith--and what are the insurer's best defenses to such claims?
  • What are best practices for counsel to the insurer to gain a favorable outcome or mitigate damages?
  • What are the critical strategies for counsel to policyholders to support bad faith allegations and obtain coverage and compensation from the insurer?