Insurance Bad Faith Pre-Trial Strategies: Demand Letters, Pleadings, Defenses, Damages, Bifurcation, and Experts
Developing Winning Pre-Trial Tactics for Policyholders and Insurers
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Tuesday, August 12, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will outline pre-trial strategies for both insurers and policyholders litigating bad faith claims. The program will focus on demand letters to insurers, drafting and answering bad faith complaints, proving and opposing damages, bifurcation, and using expert witnesses.
Mr. Dupont is an attorney in Anderson Kill's New York office and a member of the firm's Insurance Recovery Group. He has represented clients seeking recovery primarily under general liability, professional liability, and property insurance policies.
Mr. Gilinsky is an experienced commercial litigator who applies his complex analysis skills with extensive experience in insurance coverage analysis and litigation and dispute resolution. His insurance coverage practice is focused on property insurance, commercial general liability insurance, directors' and officers' (D&O) insurance, captive insurance and reinsurance issues.
Mr. Small is a commercial litigator focusing on insurance coverage disputes and counseling on behalf of policyholders. His educational background and prior experience as an insurance broker and advisor provide him with a deep understanding of the insurance industry, enhancing his ability to represent policyholders across a broad spectrum of policies. Mr. Small regularly represents clients in connection with claims under policies providing coverage for commercial property, cyber, builders’ risk, D&O, E&O, general liability, and representations and warranties. He also represents clients in professional liability matters, such as insurance broker malpractice. Mr. Small frequently provides thought leadership on insurance issues. He writes extensively on insurance coverage, presents to industry professionals, and has been quoted in prominent publications. Mr. Small is also a contributor to the Firm’s Insurance Recovery Blog.
Bad faith allegations are a potent weapon for policyholders in coverage litigation to negotiate for a higher settlement due to the risk of an unacceptable jury award. In order to leverage this tool, policyholder counsel must carefully draft complaint allegations to survive a motion to dismiss.
Expert witnesses play a critical role in bad faith litigation, both for policyholders and insurers. Insurance experts typically are underwriters, claims handlers, brokers, regulators and attorneys with knowledge of insurance industry customs.
Insurers must weigh the pros and cons of bifurcating the coverage trial from the bad faith trial. Bifurcation may be imperative if the "bad" evidence regarding the bad faith claim may negatively impact the jury's perception of the underlying coverage case.
Bifurcation also may enable the insurer to protect the claims file from discovery if the bad faith claim is stayed pending resolution of the contract issues.
Listen as our authoritative panel of insurance practitioners imparts insight on bad faith pre-trial strategies for both insurers and policyholders. The panel will discuss demand letters, drafting and answering bad faith complaints, proving and opposing damages, bifurcation of coverage and bad faith issues, and use of expert witnesses.
I. Policyholder strategies
A. Bad faith demand letters
B. Bad faith pleading requirements
C. Proving insurer breach of duties
D. Calculating damages
E. Using experts in bad faith cases
II. Insurer strategies
A. Responding to demand letters
B. Bad faith defenses
C. Change of venue and removal if jurisdiction unfavorable to insurance carriers
D. Bifurcating coverage and bad faith issues
E. Challenges to claims professional testimony
The panel will review these and other key issues:
- What facts regarding the insurer's actions should policyholders include in the complaint to survive a motion to dismiss?
- What industry experts are best suited for bad faith claims, and what are common challenges or objections to their testimony?
- What factors should insurers consider in deciding whether to move to bifurcate the coverage trial from the bad faith trial?
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