Publication Details

Publication Categories

Browse C5 Companies

C5 Group
www.C5groupinc.com

Canadian Institute
www.canadianinstitute.com

C5 (UK)
www.C5-online.com
ACI : Conference-Papers : 2003 : Bad Faith and Punitive Damages

The Ninth National Advanced Forum on Litigating

Bad Faith and Punitive Damages

Monday, April 28, 2003

About

The bad faith arena is constantly evolving and continuously volatile. Recent juries are increasingly willing to award bigger and bigger verdicts. While many of these get reversed or reduced on appeal, some, like a recent $290 million punitive damages award against Ford Motor Co., are being upheld at the appellate level. The United States Supreme Court is currently considering the issue of punitive damages for the third time since 1996 in the Campbell case, in which it will tackle some of the thorny issues surrounding a jury's $145 punitive damages award against State Farm for its alleged bad faith. Additionally, as toxic mold claims continue to spread throughout the country, more and more of these types of cases are becoming the focus of bad faith litigation against insurers.

Given the recent staggering damage awards and the important litigation pending before the Supreme Court, everyone involved in any way with insurance bad faith litigation - including the attorneys challenging the insurance industry, as well as the insurers and the attorneys representing them - must stay abreast of the latest nationwide developments in this ever-evolving and contentious area.

The American Conference Institute's 9th National Advanced Forum on Litigating Bad Faith and Punitive Damages has been revised and updated to bring you the very latest information on all the changes and developments in the bad faith arena, including strategies and techniques to bolster or defend your next bad faith case. This conference once again brought together a stellar faculty of trial attorneys, experts, and mediators from jurisdictions on the cutting edge of bad faith law who offered their perspectives, insights, and expertise on:

  • The impact and scope of the Supreme Court's decision in Campbell
  • The effect of changes within the insurance company structure and culture on the proliferation of institutional bad faith claims
  • Determining whether the use of software programs in the claim evaluation process is reasonable
  • Preparing your bad faith case for presentation before a focus group or at a mock trial
  • An update on recent trends and bad faith practices, both first and third party, in the most active jurisdictions: AZ, CA, FL, PA, MT, and WV
  • Whether a plaintiff is entitled to see the work product of the insurance company's attorney
  • Whether expert witnesses in bad faith cases are threatening to usurp judge and jury functions
  • Responding to the insured's set-up letter to minimize bad faith damages exposure
  • How to handle bad faith allegations made against defense counsel during the course of litigation
  • Preserving the bad faith record for appeal
  • Mold-related bad faith litigation
Whether you are involved in bad faith litigation on behalf of policyholders or insurance carriers, these comprehensive and information-packed event materials are something you cannot afford to miss! This is your opportunity to learn from leading litigators in the bad faith arena and network with your peers and colleagues from around the nation.

Contents & Contributors

About

The bad faith arena is constantly evolving and continuously volatile. Recent juries are increasingly willing to award bigger and bigger verdicts. While many of these get reversed or reduced on appeal, some, like a recent $290 million punitive damages award against Ford Motor Co., are being upheld at the appellate level. The United States Supreme Court is currently considering the issue of punitive damages for the third time since 1996 in the Campbell case, in which it will tackle some of the thorny issues surrounding a jury's $145 punitive damages award against State Farm for its alleged bad faith. Additionally, as toxic mold claims continue to spread throughout the country, more and more of these types of cases are becoming the focus of bad faith litigation against insurers.

Given the recent staggering damage awards and the important litigation pending before the Supreme Court, everyone involved in any way with insurance bad faith litigation - including the attorneys challenging the insurance industry, as well as the insurers and the attorneys representing them - must stay abreast of the latest nationwide developments in this ever-evolving and contentious area.

The American Conference Institute's 9th National Advanced Forum on Litigating Bad Faith and Punitive Damages has been revised and updated to bring you the very latest information on all the changes and developments in the bad faith arena, including strategies and techniques to bolster or defend your next bad faith case. This conference once again brought together a stellar faculty of trial attorneys, experts, and mediators from jurisdictions on the cutting edge of bad faith law who offered their perspectives, insights, and expertise on:

  • The impact and scope of the Supreme Court's decision in Campbell
  • The effect of changes within the insurance company structure and culture on the proliferation of institutional bad faith claims
  • Determining whether the use of software programs in the claim evaluation process is reasonable
  • Preparing your bad faith case for presentation before a focus group or at a mock trial
  • An update on recent trends and bad faith practices, both first and third party, in the most active jurisdictions: AZ, CA, FL, PA, MT, and WV
  • Whether a plaintiff is entitled to see the work product of the insurance company's attorney
  • Whether expert witnesses in bad faith cases are threatening to usurp judge and jury functions
  • Responding to the insured's set-up letter to minimize bad faith damages exposure
  • How to handle bad faith allegations made against defense counsel during the course of litigation
  • Preserving the bad faith record for appeal
  • Mold-related bad faith litigation
Whether you are involved in bad faith litigation on behalf of policyholders or insurance carriers, these comprehensive and information-packed event materials are something you cannot afford to miss! This is your opportunity to learn from leading litigators in the bad faith arena and network with your peers and colleagues from around the nation.

Contents & Contributors

PUNITIVE DAMAGES AND THE SUPREME COURT: WHAT WILL IT DO WITH STATE FARM V. CAMPBELL?
Arnold R. Levinson, Pillsbury & Levinson, LLP

THE U.S.SUPREME COURT'S DECISION IN CAMPBELL: WHERE WILL THE FIGHT OVER PUNITIVE DAMAGES LEAD?
Michael R. Nelson, Nelson, Levine, de Luca & Horst, LLP

INSTITUTIONAL INSURANCE BAD FAITH
Douglas K. deVries, Mart & deVries

UTILIZING COMPUTER SOFTWARE IN THE CLAIMS EVALUATION PROCESS: CAN IT BE DONE IN GOOD FAITH?
William F. Merlin, Jr., Gunn Merlin, PA
Mary Kestenbaum, Gunn Merlin, PA

DEFENDING THE USE OF COMPUTER SOFTWARE IN THE INSURANCE CLAIM EVALUATION PROCESS
Floyd P. Bienstock, Steptoe & Johnson, LLP
David H. Youssefi, Steptoe & Johnson, LLP

USING JURY CONSULTANTS, FOCUS GROUPS, AND MOCK TRIALS TO WIN YOUR BAD FAITH CASE
Daniel Wolfe, J.D., Ph.D., TrialGraphix, Inc.

SURVEY OF RECENT BAD FAITH DEVELOPMENTS IN ARIZONA
Ted A. Schmidt, Kinerk, Beal, Schmidt & Dyer, PC

SURVEY OF BAD FAITH IN CALIFORNIA
Robert S. Gianelli, Gianelli & Morris

FLORIDA BAD FAITH
Brenton N. Ver Ploeg, Ver Ploeg & Lumpkin, PA
Jason S. Mazer, Ver Ploeg & Lumpkin, PA

THE LAW OF PENNSYLVANIA INSURANCE BAD FAITH
Richard L. McMonigle, Jr., Post & Schell, PC

MONTANA LAW ON PUNITIVE DAMAGES
Dale McGarvey, McGarvey, Heberling, Sullivan & McGarvey, PC

TRENDS IN THIRD PARTY BAD FAITH FOR THE DEFENSE
James D. McQueen, Jr., McQueen, Harmon & Murphy

PROVING PATTERN AND PRACTICE USING DEPOSITIONS AND DOCUMENTS FROM OTHER CASES
Alice J. Wolfson, Bourhis & Wolfson
Ray Bourhis, Bourhis & Wolfson

DISCOVERY TECHNIQUES IN BAD FAITH LITIGATION: THE DEFENSE PERSPECTIVE
Charles T. Blair, Ross, Dixon & Bell, LLP

KNOWING IT ALL: EXPERTS IN BAD FAITH CASES
Charles J. Surrano, III, Surrano Law Offices

EXPERT WITNESSES: TO BE OR NOT TO BE…
James A. Varner, Sr., McNeer, Highland, McMunn & Varner, LC
Debra Tedeschi Herron, McNeer, Highland, McMunn & Varner, LC
Tiffany R. Durst, McNeer, Highland, McMunn & Varner, LC

AN EXPERT WITNESS ON EXPERT WITNESSES
John G. DiLiberto, CPCU

MEDIATION: TRYING FOR WHAT YOU WANT, GETTING WHAT YOU NEED IN BAD FAITH CASES
John B. Bates, Jr., JAMS

BAD FAITH AND PUNITIVE DAMAGE LIABILITY CONSIDERATIONS IN MAKING OFFERS OF SETTLEMENT
Andrew F. Susko, White and Williams, LLP
Luke A. Repici, White and Williams, LLP

OVERCOMING THE "GENUINE DISPUTE" ARGUMENT IN BAD FAITH CASES
E. Gerard Mannion, Mannion & Lowe

LEGAL, TACTICAL, AND PRACTICAL GUIDE FOR LITIGATING YOUR BAD FAITH CASE
Bonny G. Rafel, Hack, Piro, O'Day, Merklinger, Wallace & McKenna, PA

PRIVILEGE, PRIVACY AND OTHER ISSUES IMPLICATED BY DISCOVERY OF OTHER INSUREDS' CLAIMS FILES
Pamela E. Cogan, Ropers, Majeski, Kohn & Bentley
Kathryn C. Curry, Ropers, Majeski, Kohn & Bentley

THE LAWYER AS WITNESS: A (MOSTLY) CALIFORNIA PERSPECTIVE
Susan M. Popik, Chapman, Popik & White, LLP

BAD FAITH: A POST-VERDICT FOCUS
Laura A. Foggan, Wiley, Rein & Fielding, LLP
Amy K. Graham, Wiley, Rein & Fielding, LLP

MOLD: COVERAGE ISSUES AND BAD FAITH
Ronald B. Lee, Roetzel & Andress LPA
Aaron McQueen, Roetzel & Andress LPA
Megan Faust, Roetzel & Andress LPA