About
The bad faith arena
continues to generate large numbers of cases, huge verdicts, opportunities for
savvy plaintiffs, and consternation for insurance companies. Campbell, although two years old, is still sending strong tremors through the insurance industry, as courts across the country react to and interpret the decision, and both plaintiffs and defendants adjust to litigating in a post-
Campbell bad faith environment. And, as fast as insurance companies are responding to allegations of bad faith and implementing procedures to protect them from further litigation, plaintiffs' counsel are creating new strategies for bringing – and winning – bad faith cases.
Because the area is so
complex and fact-driven, with significant differences
in the law from state to state, decided cases in this area often seem to raise as many questions as they purport to answer for lawyers who represent policyholders and insurance carriers. Just how much does
Saldi purport to alter the scope of discovery in bad faith cases? How much has
Campbell really reined in
huge
punitive damages awards? Where are
tort claims for extra-contractual
damages headed?
To help you sort through the issues and stay on top of a complex, continually changing area,
ACI's Bad Faith and Punitive Damages publication will provide you with valuable information and practical strategies on:
- Knowing what attorney-client privilege covers – and doesn't cover – in your bad faith case so you're better prepared for litigation
- Litigating the case using everything that experienced counsel can tell you about discovery, motions, cross-examinations, use of experts and more
- Understanding the impact of emerging trends in third party bad faith litigation
- Assessing punitive damages post-Campbell
And much more...
Contents & Contributors
MAKING - AND BREAKING - THE INSTITUTIONAL BAD FAITH CASE FOR THE PLAINTIFF: MAKING THE CASE
Richard T. Phillips, Smith, Phillips, Mitchell & Scott
NOT SO RANDOM THOUGHTS ON MAKING - AND BREAKING - ALLEGATIONS OF INSTITUTIONAL BAD FAITH
Alan H. Casper, Esq.
MAKING - AND BREAKING - ALLEGATIONS OF INSTITUTIONAL BAD FAITH
Susan M. Popik, Chapman, Popik & White, LLP
CHALLENGING THE USE OF COMPUTER SOFTWARE IN THE CLAIMS EVALUATION PROCESS
Reggie N. Whitten, Whitten, Nelson, McGuire, Terry & Roselius
LIMITING - OR EXPANDING - THE SCOPE OF DISCOVERY IN THE BAD FAITH CASE POST - CAMPBELL AND SALDI
Michael R. Nelson, Nelson Levine, de Luca & Horst, LLC
STRATEGIC APPROACHES TO THIRD-PARTY BAD FAITH CLAIMS
Lewis F. Collins, Jr., Butler Pappas Weihmuller Katz Craig LLP
STRATEGIC APPROACHES TO THIRD PARTY BAD FAITH CLAIMS: HELLO, MEW MEXICO
Lisa Mann, Modrall, Sperling, Roehl, Harris & Sisk, P.A.
FLORIDA BAD FAITH LAW UPDATE
Lee Marcus, Marcus, McMahon & Myers
UPDATE ON BAD FAITH DEVELOPMENTS IN CALIFORNIA
Royal F. Oakes, Barger & Wolen
PENNSYLVANIA BAD FAITH LAW UPDATE
Andrew F. Susko, Esq., White and Willimas LLP
Welsey R. Payne, Esq., White & Williams, LLP
ALMOST HEAVEN - WEST VIRGINIA: BAD FAITH LITIGATION IN WEST VIRGINIA
Debra T. Herron, Esq., McNeer, Highland, McMunn & Varner LC
STATES WITH THE FAIRLY DEBATABLE STANDARD; A LOOK AT NEW JERSEY, ALABAMA AND RHODE ISLAND
Bonny G. Rafel, LLC
AN INSURANCE COMPANY'S DUTY OF GOOD FAITH AND FAIR DEALING, PUNITIVE DAMAGES AND THE LEGACIES OF CAMPBELL
John N. Ellison, Anderson, Kill & Olick, P.C.
PUNITIVE DAMAGES POST-CAMPBELL: USING RECENT DECISION TO YOUR CLIENT'S ADVANTAGE
Christina Imre, Sedgewick, Detert, Moran & Arnold
LITIGATING THE BAD FAITH DISABILITY CASE: RECIPES FOR SUCCESS
Frank N. Darras, Shernoff, Bidart & Darras
Lissa A. Martinez, Shernoff, Bidart & Darras
JURY SELECTION IN INSURANCE COVERAGE AND BAD FAITH CASES
Christopher W. Martin, Martin, Disiere, Jefferson & Wisdon, LLP
USE OF EXPERT WITNESSES FOR YOUR BAD FAITH CASE
J. Ric Gass, Gass Weber Mullins LLC
Jane M. Cuthbert, Gass Weber Mullins LLC
EXPERT WITNESSES - STRATEGIES FOR DIS/QUALIFICATION AND PRESENTING PROBATIVE TESTIMONY RELATING TO BAD FAITH
Caryn E. Montague, RHU, LUTCF, CSA, Caryn E. Montague & Associates