Insurance Bad Faith Trial Strategies: Case Evaluation, Jury Themes and Bifurcation

As bad faith insurance claims can emanate from a wide variety of actions taken (or not) by the insurance company, the underlying factual allegations will drive the plaintiff’s settlement demand and the insurer’s decision of whether to take the case to trial. Counsel for both sides must carefully analyze the underlying facts of the coverage claim to assess the value of the claim and how facts would play out at trial.

Understanding preconceived notions and biases jurors have with respect to insurance companies and the industry is critical for both sides in formulating themes of the case to persuade and win over jurors in a bad faith trial.

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 strategies for determining whether a bad faith case should go to trial, evaluating winning themes to present to the jury, and deciding whether or and how to handle and win those trials.