Bad Faith Litigation

Strategic Approaches for Minimizing Exposure and Mitigating Damages

Thursday, May 15, 2008

About

With more and more states enacting bad faith statutes, plaintiffs are continually presenting new challenges to insurance companies. Even in states with a long history of bad faith litigation, the law is constantly changing. To stay on top of winning (and losing) approaches in this volatile arena, you need to network, learn from and analyze the past year’s cases with your colleagues and adversaries.

This publication from the American Conference Institute’s 17th National Advanced Forum on Bad Faith Litigation, bad faith luminaries shares insights and practical strategies that capitalize on recent decisions and rulings. Our exceptional faculty of experienced in-house professionals and seasoned private practice attorneys present on the frontlines will provide you with information on:

  • Identifying and negating the “bad faith set-up”
  • Choosing the best forum for your case to ensure the best result
  • Settling cases with multiple claims and inadequate limits to effectively avoid bad faith litigation
  • Determining when to adjust numbers and managing client expectations during meditation
  • The latest state legislation and the implications on future litigation

Contents & Contributors

About

With more and more states enacting bad faith statutes, plaintiffs are continually presenting new challenges to insurance companies. Even in states with a long history of bad faith litigation, the law is constantly changing. To stay on top of winning (and losing) approaches in this volatile arena, you need to network, learn from and analyze the past year’s cases with your colleagues and adversaries.

This publication from the American Conference Institute’s 17th National Advanced Forum on Bad Faith Litigation, bad faith luminaries shares insights and practical strategies that capitalize on recent decisions and rulings. Our exceptional faculty of experienced in-house professionals and seasoned private practice attorneys present on the frontlines will provide you with information on:

  • Identifying and negating the “bad faith set-up”
  • Choosing the best forum for your case to ensure the best result
  • Settling cases with multiple claims and inadequate limits to effectively avoid bad faith litigation
  • Determining when to adjust numbers and managing client expectations during meditation
  • The latest state legislation and the implications on future litigation

Contents & Contributors

IMPLEMENTING EFFECTIVE POLICIES AND PROCEDURES TO PREVENT AND DEFEND AGAINST BAD FAITH CLAIMS
Ted G. Miller, Erie Insurance Group (Erie, PA)

BAD FAITH: JUST ONE MORE REASON TO HAVE A CULTURE OF COMPLIANCE
Andrew Bucknam, Hartford Financial Services Group (Hartford, CT)

PRACTICAL TRIAL STRATEGIES
James Crandall, Crandall, Wade & Lowe (Irvine, CA)

WINNING OVER A JURY AND OTHER PRACTICAL TRIAL STRATEGIES
Christopher Martin, Martin, Disiere, Jefferson, & Wisdom, LLP (Houston, TX)

CHOOSING THE BEST FORUM FOR YOUR CASE
Terrance McInnis, Ross, Dixon & Bell, LLP (Irvine, CA)

POTENTIAL BAD FAITH LANDMINES INVOLVING SIRs & LARGE DEDUCTIBLES
William Kobokovich, Travelers (Baltimore, MD)

EXCESS V. PRIMARY LITIGATION: DUTIES, LIABILITIES, & REMEDIES
Robert Marshall, Bates & Carey, LLP (Chicago, IL)

NEW & EMERGING STATE LEGISLATION THAT WILL IMPACT BAD FAITH LITIGATION
James Whittle, American Insurance Association (Washington, DC)

WASHINGTON INSURANCE FAIR CONDUCT ACT
Charles Huber, Lane Powell P.C. (Seattle, WA)

MARYLAND’S TWIST ON THE REGULATION OF FIRST-PARTY CLAIMS PRACTICES
Derek B. Yarmis, Funk & Bolton, P.A. (Baltimore, MD)

THE GENUINE-DISPUTE DOCTRINE AFTER WILSON V. 21ST CENTURY INS. CO.
Jeffery Ehrlich, Ehrlich Law Firm (Claremont, CA)

INSURANCE BAD FAITH LITIGATION: NEW THEORIES AND INNOVATIVE CAUSES OF ACTION IN CALIFORNIA
Douglas deVries, deVries Law Firm (Sacramento, CA)

ALLEGING AND DEFENDING ALLEGATIONS OF POSTCLAIMS UNDER WRITING AND UNREASONABLE RESCISSIONS
John Viola, Dykema Gossett (Los Angeles, CA)

PENNSYLVANIA – BAD FAITH 2008
Charles Haddick, Dickie, McCarney & Chilcote, P.C. (Harrisburg, PA)
Louis E. Bricklin, Bennett Bricklin & Saltzburg LLP (Philadelphia, PA)

FLORIDA BAD FAITH IN A NUTSHELL
Brenton Ver Ploeg, Ver Ploeg & Lumpkin, P.A. (Miami, FL)

OTHER HOT SPOTS AROUND THE NATION –OKLAHOMA
Carin L. Marcussen, Whitten, Burrage, Priest, Fulmer, Anderson & Eisel (Oaklahoma City, OK)



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