• videocam Live Webinar with Live Q&A
  • calendar_month September 22, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Time-Limited Demands for Policy Limits: Avoiding Bad Faith Claims When Evaluating and Responding on Limited Information

Avoiding Improper Rejection or Non-Payment, Reasonableness, Safe Harbors, Building the Case for Summary Judgment on Bad Faith Claims

About the Course

Introduction

This CLE course will guide counsel in responding to time-limited demands for payment of the policy limits without drawing a claim for bad faith. The panel will discuss controlling law and statutes, requests that do and do not trigger insurer obligations, safe harbors that may excuse a response, and strategies for summary judgment should a bad faith claim be filed.

Description

A time-limited policy limits demand to a defendant's insurer is a frequent tool used by plaintiff's lawyers in an attempt to force crucial decisions on limited information and with very little time to decide. Bad faith liability can arise from the improper rejection or non-payment of a time-limited demand, often without showing intentional wrongdoing or motive.

What constitutes a valid demand that triggers the obligation to respond and what constitutes a proper response has generated a broad body of case law. Statutory or judge-made "safe harbors" may allow a range of responses, but these rules can be narrowly construed and easily misinterpreted.

If a bad faith claim is filed, the reasonableness standards that apply in a time-limited demand situation make summary judgment challenging but by no means impossible, as demonstrated by recent decisions in key jurisdictions.

Listen as this experienced panel of insurance attorneys guides counsel through responding to time-limited demands and offers a roadmap to summary judgment if a bad faith case is filed.

Presented By

Scott F. Bertschi
Partner
Zelle LLP

Mr. Bertschi focuses his practice on insurance coverage, professional liability defense and data breach response. He represents insurance companies in litigating coverage disputes, including the institution of declaratory judgment actions and actions to rescind insurance policies, the defense of breach of contract actions and actions in which the insured alleges bad faith or extra-contractual damages, and actions between insurance companies to resolve allocation and relative priority issues. He also advises insurance companies on all aspects of the claims-resolution process, including the provision of coverage opinions, advice on the allocation of indemnity payments, strategies to minimize the risk of bad faith suits and suits to collect consent judgments, and advice as monitoring counsel.

Rachel Hudgins
Partner
Barnes & Thornburg

Ms. Hudgins represents corporate policyholders in high-value insurance disputes and complex claims, litigating in state and federal courts across the country, including U.S. territories. She is known for balancing litigation strategy with pre-suit resolutions. Ms. Hudgins is also an active thought leader, frequently presenting at industry conferences and authoring chapters and articles for business and insurance publications. She works on a wide variety of claims, including property, business interruption, commercial general liability (CGL), pollution legal liability (PLL), builder’s risk, D&O, E&O, professional liability, employment practices liability (EPLI), cyber, crime, fidelity, and other specialized insurance products. Ms. Hudgins also has experience in catastrophic injury claims, property damage disputes, C-suite subpoenas and investigations, art provenance issues, and trade credit claims.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, September 22, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Essential elements of a policy-limits, time-limited demand

II. Standards for evaluation of time-limited demands 

A. Statutory

B. Common law

C. Covered vs. uncovered claims

III. Safe harbors

IV. Roadmap to summary judgment if bad faith alleged

The panel will review these and other pivotal issues:

  • Who can make a time-limited demand, and is client consent required?
  • Does the insurer have a duty to settle or a duty to make reasonable settlement decisions?
  • Must the demand include any particular information?
  • What is the importance of releases, indemnification, and lien treatment offered or omitted from a demand?
  • Can the insurer consider coverage defenses or questionable liability when responding?