12th Advanced National Forum on Litigating

Bad Faith and Punitive Damages

Tuesday, November 15, 2005

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

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



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0