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  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Coverage and Bad Faith Litigation: Depositions of Insurance Claims Handlers or Representatives

Deposition Strategies From Perspectives of Both Insurers and Policyholders

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About the Course

Introduction

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.

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.

Presented By

Paul R. Koepff
Partner
Clyde & Co LLP

For the last 16 years, Chambers Guide to USA Coverage Lawyers has consistently recognized Mr. Koepff, nationwide and for New York, a highly seasoned litigator, appellate attorney with a standout practice in insurance of sensitive and complex claims, including arising out of primary and excess liability, products liability, professional liability, and environmental liability. Just recently, Chambers recognized Mr. Koepff as an outstanding coverage litigator in New Jersey. He has also been recognized by Legal 500 USA as one of the nation's leading insurance lawyers. Mr. Koepff has been successful in over 25 coverage (jury and bench) trials and 35 coverage (US, Bermuda and London) arbitrations. His successes include major favorable decisions from the New Jersey Supreme Court, the New Jersey Appellate Division, New York Appellate Courts, the Court of Appeals for the Second Circuit and the Southern District of New York. Similarly, his successes have included favorable arbitration awards.

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, August 6, 2024

  • schedule

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

  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

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