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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

    Thursday, March 28, 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 webinar will discuss wrongful insurance policy cancellation leading to bad faith, policyholder rights and remedies, and insurer perspectives. The program will also offer possible solutions if an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing its rights under the policy.

Faculty

Mark R. Vespole
Partner
Wilson Elser, LLP

Mr. Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mr. Vespole combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.

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Katherine E. Tammaro
Partner
Wilson Elser, LLP

Ms. Tammaro has nearly 25 years of experience representing insurance companies in complex coverage matters throughout the country, including professional liability; specialty lines, including media-specific policies; D&O and EPLI; environmental; advertising; personal injury; product liability, including asbestos and chemical exposures; and construction defect cases. She also handles numerous claims of bad faith and improper claims handling. She has authored numerous articles on insurance coverage topics, including analysis of the pollution exclusions; allocation of defense and indemnity costs; advertising and personal injury claims handling practices; additional insured and contractual indemnification issues; targeted tender and occurrence concerns; discovery and technology topics such as discovery of electronic data and privilege in general and in bad faith cases; professional liability policies, including claims made, coverage for mold under liability and property policies; construction defects under liability and property policies, including OCIPs; and homeowners and auto claims issues. 

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Description

Unexpected loss of coverage can cause extreme hardship. Thus, insurers must handle cancellation of policies in good faith in accordance with the insurance policy and applicable law. Failure to do so can lead to not only breach of contract damages but also to damages for bad faith, including punitive damages.

Unlawful or retaliatory cancellation often arises after the policyholder has given notice of loss. Evidence of bad faith claims handling or settlement practices may also be present and could be cited by the policyholder as further evidence of bad faith cancellation.

Similar bad faith liability and concerns may also arise when an insurer refuses to renew coverage in retaliation for the policyholder's successfully enforcing its rights under the policy. Even in states with statutes that prohibit such practices, policyholders may have to address the concern.

Listen as this premier panel discusses recognizing bad faith cancellation or retaliatory actions by insurers, explores policyholder remedies, and reviews tips for avoiding bad faith.

Outline

  1. Insurer right to cancel
    1. Timing
    2. Procedure and prerequisites
    3. Effective date of cancellation
  2. Badges of wrongful cancellation and bad faith
  3. Potential claims
  4. Parties entitled to assert bad faith and assignment of bad faith claims
  5. Burdens of proof
  6. Evidence
  7. Damages
  8. State unfair trade practices statutes
  9. Retaliatory nonrenewal
  10. Reinstatement

Benefits

The panel will discuss these and other key issues:

  • What makes a cancellation or non-renewal "wrongful"?
  • Does an insurer act in bad faith if it cancels or refuses to renew a policy in retaliation for lawful policyholder action?
  • Are there circumstances when an insurer must reinstate a policy that was canceled due to policyholder error or ignorance?