Summary Judgment in Tag-Along Bad Faith Cases: Defending a Bad Faith Claim as a Matter of Law
Testing and Enforcing Contestability Clauses and Insurer's Right to Investigate Claims

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Monday, July 8, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide critical insight to counsel for insurers facing tag-along bad faith claims on how to position a case for summary judgment. Our panel will discuss essential factors to consider during the claims investigation and discovery phases of litigation along with evidentiary proffers to support summary disposition of bad faith allegations, notwithstanding unresolved factual issues.
Faculty

Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both coverage and defense counsel. He has appeared on behalf of insurers, entities and individuals before federal and state courts throughout the United States at both the trial and appellate levels. Mr. Boone also has extensive experience in resolving legal issues prior to litigation, which includes everything from monitoring sensitive and complex insurance coverage matters to representing clients in a variety of federal, state and internal investigations. He has also advised numerous established and startup companies regarding corporate governance matters and currently serves as a director or adviser on several corporate boards.

Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.

Ms. Mueller concentrates her legal practice on insurance coverage and defense litigation. She has vast experience in the area of insurance coverage, notably acting as coverage counsel for leading primary and excess domestic and international insurers with respect to complex insurance coverage matters. Ms. Mueller's areas of specialization include, but are not limited to, directors and officers liability, errors and omissions liability, lawyers professional liability, employment practices liability, cyber liability and miscellaneous professional liability. She also has experience acting as defense counsel to insurers in complex insurance coverage litigations in state and federal courts nationwide. Ms. Mueller has litigated bad faith claims in numerous jurisdictions. She represents lawyers in legal malpractice cases, corporate directors and officers of large and small companies, and entities in data breach class actions, among others. Ms. Mueller's practice evaluates all aspects of claim analysis, settlement valuation and litigation assessment, focusing on prompt exposure reporting and efficient resolution.
Description
Bad faith cases present counsel for insurers with myriad challenges. The litigation is often protracted and convoluted and can result in awards that are less predictable and far more costly than their breach of contract counterparts. Practitioners representing insurers shoulder the responsibility for reducing their clients' exposure to these risks and often employ summary judgment as the primary tool for accomplishing this goal.
In bad faith litigation, however, positioning a case for summary disposition requires a deep understanding of how courts have addressed the issue, as well as how to leverage common scenarios giving rise to allegations of bad faith to demonstrate to a court that judgment as a matter of law is warranted. Counsel for the insurer must employ strategic investigative and discovery methods to bolster legal arguments that unmask a plaintiff's deficiencies in the individual elements of their claims and take full advantage of their burden to produce evidence showing that a reasonable jury could find against the defendant.
Listen as our panel of seasoned insurance defense attorneys provides deep insight into the most effective strategies for obtaining summary judgment for allegations of bad faith. The panel will explore techniques for capitalizing on evidentiary deficiencies during discovery and marshaling those circumstances into winning arguments based on current case law.
Outline
- Overview of bad faith claims
- Essential elements
- Burden of proof
- Common defense strategies
- Summary judgment
- Current case law
- Burden of proof
- Jurisdictional considerations
- Potential alternative relief
Benefits
The panel will review these and other key issues:
- How can insurers leverage their clear right to challenge coverage in support of summary disposition of bad faith claims?
- How can counsel use admissions and information submitted in support of a claim to bolster arguments supporting summary judgment?
- What kinds of evidentiary deficiencies identified during discovery can help strengthen counsel's argument for summary judgment?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Insurance Carrier Intervention in Underlying Tort Cases: Options for Preserving Coverage-Related Facts
Thursday, May 29, 2025
1:00 p.m. ET./10:00 a.m. PT

Foreign Tortfeasors and Subrogation: Why Typical Approaches Fail; Alternative Negotiation Strategies
Tuesday, April 1, 2025
1:00 p.m. ET./10:00 a.m. PT

Insurance Bad Faith Litigation: Strategies and Practical Tools to Successfully Resist Entry of Protective Orders
Friday, April 25, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery
Building Your Book: Strategies to Secure Long-Term Success
- Business & Professional Skills
- Career Advancement
- Talent Development