Pre-Conference Workshop
Monday, November 29, 2010
2:00 p.m. – 5:00 p.m. (Registration Opens at 1:30 p.m.)
Current Events in Bad Faith: The Gulf StatesIn the aftermath of Hurricane Katrina, the Gulf States became a hot bed for bad faith cases, and subsequently turned out an overwhelming amount of case law in the area. With the addition of the BP oil spill to this already “hot” area, the uptick in bad faith law suits is sure to continue. This interactive session will focus on the recent developments in bad faith law in the Gulf States, including Louisiana, Texas, Mississippi and Alabama, and leading practitioners will give an analysis of what claims lie ahead, where the law is headed and what insurance companies can expect in the near future. This is a MUST ATTEND workshop for attorneys and insurance professionals practicing in the Gulf Region and those in ALL areas of the country who want to stay up-to-date on the most current issue in bad faith litigation.
Alicia G. Curran
Cozen O’Connor (Dallas, TX)
Additional speakers TBA
Post-Conference Concurrent
Bad Faith Hotbeds Workshops December 1, 2010 (Choose B, C, or D)
2:30 p.m. – 5:30 p.m. (Registration Opens at 2:00 p.m.)
B FLORIDA
Daniel P. Mitchell
Barr Murman & Tonelli, P.A. (Tampa, FL)
Mark S. Shapiro
Akerman Senterfitt LLP (Miami, FL)
- Updates on recent law including the implied covenant of good faith & fair dealing: is this just a bad faith claim in disguise?
- Summary judgment: winning strategies for your motions
- What are the obligations of the duty to tender?
- The pros and cons between federal and state court
- 1st party v. 3rd party bad faith:
- Special litigation concerns for each
- Strategies and techniques that can help you prevail in either situation
- Applying the Daubert standard to bad faith experts
- Low limit auto policies and catastrophic injuries:Effectively handling multiple party/insuffcient limit claims
- No interpleader: now what?
- Determining which plaintiffs to settle with
- Bad faith jury instructions
- What is the standard?
- How and when to get them revised
- Coblentz agreements: when and how will the courts settle the issue?
C CALIFORNIA
Julia A. Molander
Sedgwick, Detert, Moran & Arnold, LLP (San Francisco, CA)
Michael J. Bidart
Shernoff Bidart Echeverria LLP (Claremont, CA)
- Updates on recent case law, legislation and trends in bad faith litigation
- Post-claim underwriting
- 1st & 3rd party bad faith claims
- Failure to settle
- Discovery
- The Purloined letter – How to deal with missing documents, erased tapes, and fired employees, from both the plaintiff’s and the defendant’s perspective
- The attorney-client privilege: when is it waived?
- The genuine dispute doctrine
- Does it still exist?
- How does it apply to mistakes of fact and of law
- Surveying the landscape on: wildfires, water intrusion and mold litigation
- Bad faith in high deductible and SIR cases: what to expect and how to be prepared
- Duty to defend cases: How are the courts ruling and what do you need to be aware of
- Failure to place proper coverage: the duties and responsibilities of agents and brokers
D PENNSYLVANIA
Wesley R. Payne
White and Williams LLP (Philadelphia, PA)
Michael A. Hamilton
Nelson, Levine DeLuca & Horst LLC (Blue Bell, PA)
- Updates on recent case law
- Common law v. statutory bad faith
- How courts are currently treating the issue of removal
- Who has the burden of proof?
- How and when bad faith will apply between excess and primary insurers
- Attorneys’ fees and how to avoid having to pay them
- Recent court decisions involving “amount in controversy” and how they will impact your litigation strategies
- Discovery
- Protecting claims manuals and reserve information
- Determining what is discoverable and what is protected work product
- Communication with 3rd party vendors and independent medical examiners
- Forum selection
- Motion practice strategies for changing venue
- Which counties are favorable to each side?
- Handling requests for punitive damages
- What is the proper multiplier to use when assessing punitives?
- Effective defense strategies to avoid excess awards for damages
Conference Details
